This is a quick-FAQ for spouses Googling "mutual divorce Delhi" who need fast answers. For the detailed step-by-step process with petition drafting tips and case law, see our full mutual divorce guide.
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Q1. Which courts in Delhi handle mutual divorce?
- Tis Hazari Family Court — Central & North Delhi
- Saket Family Court — South Delhi
- Karkardooma Family Court — East Delhi (Shahdara)
- Dwarka Family Court — South-West Delhi
- Rohini Family Court — North-West Delhi
The right court depends on where you last lived together as spouses OR where the wife currently resides.
Q2. Which law applies?
| Original Marriage | Divorce Law | Section |
|---|---|---|
| Hindu Marriage Act (HMA) | HMA | Section 13B |
| Special Marriage Act (SMA) | SMA | Section 28 |
| Indian Christian Marriage Act | Divorce Act 1869 | Section 10A |
| Parsi Marriage and Divorce Act | PMD Act | Section 32B |
| Muslim marriage (Nikah) | Personal law / Khula / Mubarat | — |
Q3. What are the eligibility requirements?
- Both spouses agree to divorce (no contest)
- Have been living separately for at least 1 year (Section 13B HMA)
- Have settled all disputes — alimony, child custody, property, gold/jewellery, joint loans
- Are still legally married (i.e., your marriage was registered)
Q4. What is the step-by-step process?
- First Motion Petition — Joint petition filed with affidavits and settlement deed
- First Motion Hearing — Both appear, statements recorded
- Cooling-Off Period (6 months) — Mandatory wait unless waived
- Second Motion Petition — Filed after 6 months (or as little as 3 months if waived)
- Second Motion Hearing — Final statements, decree issued same day
- Decree of Divorce — Issued by Family Court, you receive certified copy
Q5. How much does mutual divorce cost in Delhi?
| Component | Cost |
|---|---|
| Court fees (joint petition) | ₹15 (yes — fifteen rupees) |
| Stamp paper + notary | ₹500–800 |
| Lawyer fees (each spouse) | ₹35,000–75,000 |
| Settlement deed drafting | ₹5,000–10,000 |
| Certified copy of decree | ₹100–200 |
| Our fixed package (both spouses, shared lawyer) | ₹40,000 onwards |
Q6. Can the 6-month cooling-off period be waived?
Yes — Supreme Court in Amardeep Singh v. Harveen Kaur (2017) ruled the 6-month period can be waived if:
- Parties have been separated for 18+ months before filing
- All settlement disputes are fully resolved
- Reconciliation is not realistically possible
- The waiver request is in the interest of both parties
We file a separate waiver application along with the first motion when these conditions are met. Approval reduces total time to as little as 3–4 months.
Q7. What documents are required?
- Marriage Certificate (Form-V from SDM)
- Joint affidavit by both spouses confirming separation and consent
- Settlement deed (covering alimony, custody, property, jewellery, loans)
- Address proof of both spouses
- 4 passport-size photos of each spouse
- Aadhaar / PAN of both spouses
- If children: birth certificates + custody agreement
Q8. How is child custody handled?
Custody is decided in the settlement deed before filing. Options:
- Sole custody with one parent + visitation for the other
- Joint custody — both share legal decisions, child lives with one
- Shared custody — child lives with each parent on alternating periods
Family Court reviews the settlement to ensure the child's welfare is paramount. For children under 5, custody usually goes to the mother unless she's unfit.
Q9. Can NRIs file mutual divorce in Delhi?
Yes. NRIs can:
- File via Power of Attorney — authorise a relative in India to attend hearings
- Use video conferencing — Delhi Family Courts allow VC appearance for one or both spouses
- File from abroad — petition is signed and notarised at Indian Embassy / Consulate
Need Mutual Divorce in Delhi? Free Consultation
We've handled 400+ mutual divorces in Delhi Family Courts since 2018. Fixed-price packages from ₹40,000 (both spouses, shared advocate), waiver applications where eligible, settlement deed drafting, video-conferencing support for NRIs. Free 15-minute consultation on WhatsApp.