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This website provides general legal information about mutual divorce in India. It is not legal advice and does not create an advocate-client relationship. By continuing, you confirm that you are accessing this information voluntarily and not because of any solicitation or advertisement.
Delhi NCR · NRI couples · Since 2007
You have both decided. We draft the settlement, file the joint petition in the correct family court and manage both motions — in Delhi NCR, or remotely if one of you lives abroad. Fully settled cases start at ₹31,000.
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List the agreed terms on finances, property, children and connected proceedings before preparing the joint petition.
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This screening tool explains the ordinary timeline and when case-specific waiver advice may be useful. It does not decide legal eligibility or predict a court outcome.
The stated separation and settlement position may support a request to waive the six-month period. The court decides waiver, listing and decree dates.
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Open any stage for a short explanation. The actual sequence can vary with the applicable law, settlement and court directions.
Record the agreed terms on maintenance, property, children, articles and connected proceedings with enough detail to avoid later ambiguity.
Check the governing law, jurisdiction and supporting documents before filing the joint petition in the appropriate court.
In a suitable matter, the parties may request waiver of the six-month interval. The court decides the request on the facts.
The court verifies continuing consent and the legal requirements before passing a decree. Listing and appearance requirements remain court-dependent.
Short explainers
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The written engagement scope can be tailored to the applicable law, court, settlement and documents.
Where the facts support it, a waiver application can address the factors identified by the courts. Waiver remains discretionary and each case requires its own evidence and assessment.
Before work begins, the written engagement terms should state the professional scope, fees, expected stages, exclusions and any separate court or third-party charges.
We draft Memorandums of Understanding covering alimony, property, child custody and pending cases, with terms intended to reduce later disputes.
If you live in the US, UK, UAE, Canada, or Australia, the process can often be structured to minimise travel. We coordinate permitted Special Power of Attorney filings and applications for Video Conferencing with Indian Family Courts.
We handle enquiries confidentially and do not send documents to your home or office without your permission. Professional privilege depends on the engagement, context and applicable law.
We aim to respond within one working hour during office hours. Actual response time can vary with court commitments and enquiry volume.
Remote consultations may be available; court work and appearance requirements depend on jurisdiction and the facts.
Filing and representation depend on the appropriate court and engagement terms. Overseas enquiries may be coordinated from USA · UK · UAE · Canada · Australia · Singapore via Power of Attorney and Video Conferencing.
Understand the complete process, the cost and the timeline, then see the petition format and what happens at each court stage under Section 13B.
Eligibility, settlement, documents, First Motion, waiting period, waiver request, Second Motion and decree.
Fees from ₹31,000 for a fully settled case, what is included, and what changes the quote.
Preparation, court listings, the ordinary statutory route, discretionary waiver and common causes of delay.
A complete sample joint petition under Section 13B, with affidavit and second motion formats. Free PDF.
Filing the joint petition, recording statements and what the court checks at the first hearing.
Timing after the waiting period, continuing consent, settlement compliance and the decree.
Plain-language explanations of the documents, settlement terms, court process and legal provisions that apply to mutual consent divorce in India.
A checklist of marriage proof, identity proof, photographs, settlement documents and NRI documents.
Clauses covering alimony, property, custody, visitation, return of articles and no-future-claims language.
Legal custody, physical custody, visitation, school expenses and future modification.
How lump sum, monthly and no-alimony settlements may be recorded.
Attestation, apostille, courier and India-side filing coordination.
Jurisdiction, court selection and practical filing points for Delhi matters.
Home loan, car loan, ownership transfer and indemnity clauses.
How criminal case settlement clauses are structured, and the Section 528 BNSS route.
Certified copies, record updates and practical post-decree steps.
How electronic evidence is treated under Section 63 of the Bharatiya Sakshya Adhiniyam 2023.
When courts may exercise discretion, and why such cases are treated as exceptional.
The December 2025 judgment, what it held, and the limits of its application.
Clear legal answers to the questions couples ask most before starting the mutual divorce process.
Fully settled cases start at ₹31,000. That is the starting professional fee where both spouses have already agreed on alimony, property, children and connected cases. An initial consultation is typically ₹2,000–₹3,000. Extra work — negotiating terms, drafting the settlement MoU, a waiting-period waiver application, NRI Power of Attorney or connected cases — is quoted in writing after the consultation. See the full fee breakdown.
In an appropriate case. Under Section 13B(2) of the Hindu Marriage Act, the Supreme Court held in Amardeep Singh v. Harveen Kaur (2017) that the 6-month cooling-off period is not invariably mandatory. The parties may apply for waiver after settling the material issues; the court decides the application. A granted waiver can substantially shorten the ordinary timeline, subject to listing and procedure.
The Delhi High Court Full Bench in Shiksha Kumari v. Santosh Kumar, MAT.APP.(F.C.) 111/2025, delivered on 17 December 2025, held that the one-year period under Section 13B(1) may be waived by applying the proviso to Section 14(1). The court must find exceptional hardship and/or exceptional depravity and apply the relevant safeguards. Waiver is discretionary and is not granted merely on request.
Not necessarily. The statutory phrase refers to the marital relationship, not only to different addresses. Spouses under the same roof may still be treated as living separately where they are no longer living as spouses, but the facts and evidence must be assessed in each case.
If either spouse withdraws consent before the decree, the mutual-consent route cannot continue. A carefully drafted settlement can clarify obligations and consequences, but it cannot replace the continuing consent required by law.
The correct Family Court depends on the statutory jurisdictional facts. Patiala House Courts serves New Delhi District; Tis Hazari Courts serves Central District; Saket District Court serves South and Southeast Districts; and Dwarka Courts serves Southwest District. Advocate Gaurav Rohilla practices at Patiala House Courts and will advise on the correct jurisdiction before filing.
Often, in suitable cases. The process may be structured to minimise travel through a properly executed Special Power of Attorney for permitted procedural steps and an application to record statements by Video Conferencing. The court's permission and local procedure determine whether any personal visit is required.
Joint loans must be specifically addressed in the Memorandum of Understanding. The MoU should clearly state which party takes over liability for each loan, whether the loan will be refinanced in one party's name, and what happens to the underlying asset (such as a jointly owned home). Courts will not automatically discharge you from a joint loan — this must be settled contractually with both the other party and the lending institution.
Connected criminal or domestic-violence proceedings require separate procedural steps. A settlement may record each party's lawful obligations and cooperation, while the High Court independently decides any quashing petition under Section 528 BNSS. The sequence depends on the case and court directions.
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