Even the happiest court marriages sometimes need to end. If both spouses agree, mutual consent divorce is the fastest, cheapest, and least painful legal route. Here's the complete process at Delhi Family Courts in 2026.
.jpeg "Mutual Divorce After Court Marriage at Tis Hazari Family Court Delhi")
Two Legal Routes for Mutual Divorce
| Original Marriage | Divorce Law |
|---|---|
| HMA Section 8 (Hindu Marriage) | HMA Section 13B (Mutual Consent) |
| Special Marriage Act 1954 | SMA Section 28 (Mutual Consent) |
Conditions for Mutual Divorce
- Both spouses agree to dissolve marriage
- Living separately for at least 1 year before filing
- Unable to live together as husband and wife
- Mutual agreement on:
- Alimony / maintenance (one-time or monthly)
- Child custody (if applicable)
- Property division
- Return of jewellery, gifts
The 6-Step Process
Step 1 — Joint Petition Filing
Both spouses file a joint petition before the Family Court (Tis Hazari for Central/North Delhi, Saket for South, Karkardooma for East). The petition includes:
- Marriage certificate (Form-V from your Tis Hazari marriage)
- Separation agreement (financial settlement)
- Both spouses' affidavits
- 2 photographs of marriage
- Aadhaar copies of both
Step 2 — First Motion Hearing
Both spouses appear before the judge. Judge records statements separately and jointly. Confirms voluntary consent. First motion granted.
Step 3 — Cooling-Off Period
6 months minimum between First and Second Motion (Supreme Court can waive in specific cases — we apply if you both qualify).
Step 4 — Second Motion Hearing
After 6 months (max 18 months), both spouses appear again. Reconfirm consent. Judge passes divorce decree.
Step 5 — Decree Issuance
Court issues final divorce decree. Usually within 2–4 weeks of second motion.
Step 6 — Updates
Update marital status on Aadhaar, PAN, passport. Inform banks, employer HR. Restore maiden name if you changed it.
Total Timeline
| Stage | Time |
|---|---|
| Drafting + Filing | 15–30 days |
| First Motion Hearing | 30–60 days from filing |
| Cooling-Off | 6 months |
| Second Motion + Decree | 30–60 days |
| Total | 8–10 months |
Can the 6-Month Cooling-Off Be Waived?
Yes — Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held that courts have discretion to waive the 6-month period if:
- Both parties have been separated for over 18 months
- All issues (alimony, custody) are mutually settled
- Reconciliation is impossible
- Continued waiting would cause prolonged distress
We file a separate application for waiver. Success rate: ~70% in Delhi Family Courts.
Cost of Mutual Divorce at Tis Hazari Family Court
Government & Court Fees
- Court fee: ₹100–500
- Process fee for service of notice: ₹500
- Stamp duty on settlement agreement: ₹100
Professional Service Package (Our Office)
- Basic mutual divorce (no contested issues): ₹35,000
- With waiver application: +₹10,000
- With alimony & settlement drafting: included
- With child custody clauses: +₹5,000
- If contested (one spouse changes mind): converts to contested divorce — different pricing
What Goes In the Settlement Agreement?
- Alimony amount and payment terms (one-time lump sum or monthly)
- Streedhan return (jewellery, gifts given at wedding)
- Joint property / FD / asset division
- Loans / EMI responsibility
- Child custody (if any) — visitation rights, schooling, financial support
- Insurance policy beneficiary changes
- Mutual undertaking not to file any future cross-cases (defamation, harassment etc.)
Common Mutual Divorce Questions
Can we file in any Delhi court or only Tis Hazari?
Mutual divorce petition can be filed at:
- Court where you last lived together
- Court where the marriage was solemnised
- Court where the wife currently resides
For Tis Hazari court marriages, the most common venue is Family Court at Tis Hazari, 4th floor.
Do we need to live separately?
Yes — at least 1 year of separation (or recognised cohabitation breakdown) is required. The court asks about this during hearings.
What if one spouse withdraws consent during cooling-off?
Either spouse can withdraw consent any time before the second motion. Petition lapses; you'd need to file contested divorce instead. This is a real risk — many divorces fail at second motion stage.
Can we use the same Tis Hazari court marriage lawyer for divorce?
Yes — but ensure the lawyer has divorce-specific experience. Our office handles both, with separate divorce specialists.
How is alimony decided?
Mutual consent — both parties agree to whatever amount. No formula. Common ranges:
- 5–10% of higher-earning spouse's annual income as one-time
- 15–25% monthly maintenance
- Or pro-rata of jointly-owned assets
What about children?
For children below 5: custody usually with mother. Above 12: child's preference considered. Visitation rights drafted into settlement agreement. Education and medical costs typically shared 50–50 or proportional to income.
Final Reality Check
Mutual divorce is the cheapest, fastest divorce route. If you both genuinely agree, it's done in 8–10 months for ~₹35,000 + court fees. Contested divorce can take 5+ years and ₹2–5 lakhs. Always try mutual first — even if you're upset, the cost and time savings are massive.
Need Help With Your Court Marriage at Tis Hazari?
Our senior advocate has handled 7,200+ court marriages at Tis Hazari since 2014. Free document check, fixed pricing from ₹6,100, same-day Form-V certificate possible. No middlemen, no hidden charges.