Mutual Consent Divorce in Delhi (Section 13B, Hindu Marriage Act)

What is a mutual consent divorce?

A mutual consent divorce is a divorce that both husband and wife ask for together, by filing a single joint petition. Neither spouse has to prove any fault, such as cruelty or desertion, against the other. The law only requires the court to be satisfied that both spouses genuinely and freely consent, that they meet the conditions of the statute, and that the averments in the petition are true.

For Hindus, Buddhists, Jains and Sikhs, the provision is Section 13B of the Hindu Marriage Act, 1955. Couples who married under, or registered their marriage under, the Special Marriage Act, 1954 use the equivalent provision in Section 28 of the Special Marriage Act. The steps are very similar under both Acts.

Who can file: the three basic conditions

Section 13B(1) allows a joint petition when:

1. The spouses have been living separately for one year or more immediately before the petition is presented. This does not always require separate homes; what matters is that they have not been living together as husband and wife.
2. They have not been able to live together as a married couple.
3. They have mutually agreed that the marriage should be dissolved.

Separately, Section 14 of the Act says that no divorce petition can ordinarily be presented within one year of the date of marriage. A court may allow an earlier petition only in cases of exceptional hardship or exceptional depravity, on a separate application.

Where the petition is filed

Under Section 19 of the Hindu Marriage Act, a petition can be filed in the court within whose local limits the marriage was solemnised, the respondent resides, the parties last resided together, or (where the wife is the petitioner) where she is residing on the date of filing. In a joint petition both spouses are petitioners, so couples usually choose the most convenient court among those that have jurisdiction.

In Delhi, Gurugram, Faridabad, Noida and Ghaziabad, matrimonial cases are heard by the Family Courts set up under the Family Courts Act, 1984. Our location pages explain which court complexes deal with cases from Delhi, Noida, Gurugram, Ghaziabad and Faridabad.

The process, step by step

1. Settlement of terms

Before anything is filed, the spouses need to agree on every issue the divorce will affect: permanent alimony or a one-time settlement amount, return of stridhan and gifts, division of any jointly held property, custody of and visitation with children, child support, and withdrawal of any other pending cases between them (such as maintenance, domestic violence or criminal complaints). These terms are usually written down in a settlement agreement or memorandum of understanding, which is annexed to the petition. Many couples arrive at these terms through court-annexed mediation.

2. First motion

The joint petition, supported by affidavits of both spouses, is filed before the Family Court. On the first date both spouses usually appear in person, and the court records their statements confirming their consent and the settlement. If the court is satisfied, it records the first motion and the matter is adjourned for the second motion.

3. The six-month period (cooling-off period)

Section 13B(2) says the second motion can be made not earlier than six months and not later than eighteen months after the petition is presented. The purpose is to give the spouses time to reconsider. If neither spouse moves the court within eighteen months, the petition may lapse.

4. Waiver of the six-month period

In Amardeep Singh v. Harveen Kaur (2017) the Supreme Court held that this waiting period is directory and may be waived by the court. The court considers whether:

• the statutory six months, together with the one year of separation required before filing, has already passed (that is, the spouses have been separated for at least eighteen months);
• all efforts at mediation and reconciliation, including any under the Family Courts Act, have failed;
• the parties have genuinely settled their differences, including alimony and custody of children; and
• the waiting period would only prolong their difficulties.

A waiver application can be filed after the first motion. Whether it is granted is entirely at the court’s discretion, and the court looks at the facts of each case.

5. Second motion and decree

At the second motion, both spouses again confirm that they wish to proceed and that the terms have been complied with to the extent required. If the court is satisfied, it passes a decree of divorce, dissolving the marriage from the date of the decree. A certified copy of the decree can then be obtained for records such as passports, bank accounts and any future marriage.

Documents usually required

The exact list varies by court, but the following are commonly needed for a mutual consent petition:

• Marriage certificate, or other proof of marriage such as the wedding invitation card and photographs.
• Identity and address proof of both spouses (for example, Aadhaar card, passport or voter ID).
• Recent passport-size photographs of both spouses, and wedding photographs where required.
• Details of the last place where the spouses lived together, and their current addresses.
• Details of children, if any, including their dates of birth and present living arrangements.
• The signed settlement agreement or memorandum of understanding covering alimony, stridhan, property and custody.
• Affidavits of both spouses, and, where maintenance or alimony is involved, the affidavit of disclosure of assets and liabilities that courts call for following Rajnesh v. Neha (2020).
• Income proof such as salary slips or income tax returns, where alimony or child support is being fixed.
• Details of any other cases pending between the spouses, and the terms on which they will be withdrawn or settled.

Typical timeline

Every case moves at its own pace, but in broad terms a mutual consent divorce in Delhi NCR follows this pattern:

The overall duration therefore depends mainly on how long settlement takes, whether the court waives the waiting period, and the court’s own calendar. We do not quote fixed timelines, because the outcome and the pace rest with the court.

Practical points worth knowing

• Settle everything in writing. Unclear terms are the most common reason mutual consent cases stall. The settlement should say who pays what, when, and what happens to any other pending cases.
• Staggered payments are common. Alimony is often split, with part paid at the first motion and the rest at the second, to give both spouses comfort.
• Related criminal cases. Where a criminal case (for example under Section 85 of the Bharatiya Nyaya Sanhita, 2023, earlier Section 498A IPC) is pending, parties often agree to seek its quashing before the High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on the basis of the settlement. This is a separate proceeding and is decided by the High Court.
• Children come first. Even when parents agree on custody, the court will look at whether the arrangement serves the child’s welfare. See our page on child custody.
• Spouses living abroad should read our page on NRI divorce, which covers video conferencing and powers of attorney.

If the spouses cannot agree on alimony, read our guide to alimony and maintenance to understand how courts approach the question. Answers to other common questions are collected on our divorce FAQ page.

Last reviewed: September 2026. This page is general information about the law and is not legal advice. Laws, rules and court practice change; please take advice on your specific facts.