Apply Mutual Divorce in Delhi
Mutual Divorce is one of the most efficient ways to get divorced in Delhi NCR, India. In Mutual Consent Divorce, both husband and wife mutually agree to get legally separated with all the terms & conditions discussed and agreed upon. Unlike Contested Divorce, the process of Mutual Divorce is rather smooth, quick and effective.
We are proud to admit that our legal panel has the most experienced and professional divorce lawyers to provide you the best legal assistance in Delhi NCR. If you’re considering for Mutual Divorce in Delhi, just contact us right away and our expert divorce lawyers will take care of the rest.
Now you can move forward with divorce proceedings in a smart way, without spending a lot of money and still get support from the best Mutual divorce lawyers in Delhi at every step…at most reasonable fee. With 100% success rate in Mutual Divorce cases, we always give our best to obtain the divorce decree for our clients at the earliest.
Here at Advocate Prateek & Associates, we take care of the stressful details for you (e.g. waiting in line at the courthouse and drafting / service divorce papers), all while you move your Mutual Divorce forward from the comfort of your own laptop or a single phone call. You don’t even need to go to Delhi Family Court just to get updates on your case or to perform tedious tasks.
Free consultation on Mutual Divorce
You’ll have access to our professional Mutual Divorce Lawyers for free consultation over email or phone call anytime you need help. Save thousands of rupees while still getting top-notch legal support on divorce matters. Get in touch with Delhi NCR’s most experienced family lawyers for free legal consultation.
Our Team of best Divorce Lawyers in Delhi enable you to move through your entire mutual consent divorce process from the comfort of your own home.
Fees for Mutual Divorce in Delhi
We believe in total transparency. We charge total of ₹40,000 (inclusive of all) for Mutual Consent Divorce. Here client don’t need to pay the entire fee in one go. Below is how the fee is charged:
- ₹10,000 advance for drafting and filing the divorce case papers
- ₹10,000 at the time of passing of first motion
- ₹10,000 at the time of passing of second motion
- ₹10,000 at the time of Divorce Decree
How does Mutual Divorce in Delhi work?
Divorce by Mutual Consent is the most preferred and hassle-free way of dissolving marriage where both parties i.e Husband & Wife have to reach Mutual agreement regarding terms and conditions for Divorce.
- On the basis of settlement and agreement, petition for Mutual Consent is drafted and filed under section 13B of the Hindu Marriage Act and Under Christian Marriages, section 10 A of the Indian Divorce Act.
- Divorce Petition gets drafted which includes terms of settlement agreed between the parties.
- Such Mutual Consent Divorce Petition shall be filed in the Family Court of Delhi.
- Matter will come up for hearing in the Court for the First Motion to be passed.
- Court then provides six months time to parties to reconsider their decision. This is also called the ‘Cooling Period’.
- Then Second Motion is set up.
- Aforesaid steps shall be repeated. Statement of parties will be recorded again.
- After such recording of statement, Court will grant pass order and judgement, decree for divorce is granted.
After the latest Supreme Court judgment which came in September 2017, the cooling off period of 6 months can be waived off by the concerned Family judge so the time duration in completing a mutual divorce can be anything between 1 month to 6 month from the date of filing the case. The first motion is valid for a maximum time frame of 18 months from the date of filing the case.
6 month Cooling off Period
Law specifically provided six months gap or waiting period between First Motion and Second Motion. Prior to 2009, compliance of six months waiting was not mandatory. But, in 2009, Supreme Court made it mandatory and took away the power of the Family Court or the District Court to waive of period of six months. But, the Supreme Court still has power to waive of the period of six months.
The six months period can be waived by concerned family Court upon filing an Application for waiver of six months. Family Court in Delhi has discretion to waive of the period. Thus, time period of six months can be waived off and may be reduced to as little as 15 days or a month or so.
Frequently Asked Questions
What does Mutual consent Divorce means?
It means that when both husband and wife have amicably decided that they cannot live together anymore, then they can get legally separated by obtaining a decree of divorce without putting forth any allegations against each other, in the court of law. The parties should have settled all the disputes between them on their own.
Who should file for Mutual consent Divorce in Delhi?
It’s never easy to make a decision that you want to file for a divorce. If you feel that your marriage has come to its natural end and you have exhausted all of your efforts to make it work, you can think of filing for Mutual Consent Divorce. Our divorce law firm helps you in making such an important decision of life, we come into picture only when the parties have already decided to dissolve the marriage amicably by their own free will.
What are the conditions for Mutual consent Divorce?
Section 13B of the Hindu marriage Act 1955 and Section 28 of the Special marriage Act, 1954 provide for divorce by mutual consent on the below mentioned conditions:
- That they (husband and wife) have been living separately for a period of one year or more, and
- That they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
Section 10 A of the Divorce Act 1869 (applicable to Christians) provide for divorce by mutual consent on the below mentioned conditions:
1. That they (husband and wife) have been living separately for a period of two years or more, and
2. That they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
How many times do I need to appear in front of Family Judge?
Typically both parties need to appear in front of Family Judge once for each motion (two times for the entire process); however, if Judges feel appropriate, they can call the parties again depending on the facts and circumstances of each case.
Is it mandatory to wait for 6 months before filing Second Motion?
A couple married under Hindu Marriage Act or Special Marriage Act or Divorce Act, may not need to wait six months for a separation order in the case of mutual consent as the Supreme Court on 12th September, 2017 held that the “cooling off” period in not mandatory and can be waived off. However, the discretion to waive off the period lies with the Honorable judge of the concerned Family court.
In which Family Court we can apply for Divorce?
Section 19. of HMA says (Court to which petition shall be presented):
Every petition under this Act shall be presented to the district Court within the local limits of whose ordinary original civil jurisdiction –
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or
(iii-a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.