Getting a divorce is one of the most significant and emotionally taxing decisions a couple can make. However, when both partners agree to end the marriage amicably, the law provides a relatively smooth and dignified route: the Mutual Consent Divorce (MCD).
If you are a couple residing in Delhi or the National Capital Region (NCR) looking for a clean, non-contested separation, understanding the exact legal process is the first crucial step. At Century Law Firm, we specialize in making this transition as seamless and stress-free as possible for our clients.
What is Mutual Consent Divorce in India?
Mutual Consent Divorce is a provision under Section 13B of the Hindu Marriage Act, 1955, which allows a husband and wife to jointly file for divorce if they have been living separately for a period of one year or more and both agree that they cannot live together and have mutually agreed to dissolve the marriage.
⚖️ The Step-by-Step Process for Mutual Consent Divorce in Delhi
The entire process is bifurcated into two mandatory motions (or petitions) before the Family Court or District Court in Delhi.
Step 1: Filing the First Motion (1st Petition)
The process begins when both parties, along with their respective legal counsels (or a single lawyer representing the joint petition), file the First Motion petition.
- Drafting the Petition: The petition is drafted containing details of the marriage, the date of separation, the fact that consent is mutual, and a comprehensive settlement agreement (covering alimony, Child Custody Laws, and property division).
- Filing & Recording of Statement: Both parties must appear before the concerned Family Court in Delhi (e.g., Tis Hazari Court, Saket Court, Dwarka Court) to present the petition. The court verifies the documents and records the statements of both the husband and the wife.
- Court’s Order: If the court is satisfied that the consent is genuine and the legal requirements are met, it will pass an order marking the end of the First Motion and adjourning the case for a minimum mandatory waiting period.
Before filing, it is always helpful to know the associated costs. You can use our integrated court fee calculator to estimate the necessary court expenses for your case.
Step 2: The Cooling-Off Period (The Crucial Waiting Time)
After the First Motion is recorded, the court mandates a minimum cooling-off period of six months and a maximum period of eighteen months before the Second Motion can be filed.
- Purpose: This period is given to the couple to reconsider their decision. The court’s primary duty is to safeguard the institution of marriage, even in mutual cases.
- What to do: Both parties are required to decide whether they still wish to proceed with the divorce.
Step 3: Filing the Second Motion (2nd Petition)
The Second Motion can be filed anytime between the 6th and 18th month following the First Motion order.
- Filing the Petition: Both parties must re-appear before the court and file the Second Motion petition, confirming that their mutual consent persists and that the settlement terms remain agreeable.
- Final Statement & Decree: The court will again record the final statements of the couple. Once the judge is completely satisfied that the consent is free, genuine, and not under any coercion, the court will grant the Divorce Decree.
- Result: The marriage officially stands dissolved from the date of the decree.
💡 Important Note: While the minimum waiting period is 6 months, the total process duration often extends due to the court’s calendar, workload, and scheduled dates for hearings in Delhi courts. The minimum practical time taken from the start of the petition to the final decree is approximately 8 to 10 months.
Why Choose Century Law Firm for Your Divorce?
Choosing the right legal partner is vital for a smooth process.
- Delhi Court Expertise: Our team of experienced advocates is deeply familiar with the nuances and procedures of the Family Courts across Delhi NCR (Tis Hazari, Saket, Patiala House, Karkardooma).
- Expert Settlement Drafting: We ensure your settlement agreement regarding alimony and custody is legally robust, preventing future disputes.
- Tactful Handling: We understand the sensitive nature of divorce and handle your case with the utmost confidentiality, empathy, and professionalism.
Conclusion
Mutual Consent Divorce offers a respectful and efficient path to separation. By understanding the timeline and engaging experienced divorce lawyers in Delhi at Century Law Firm, you can navigate this process with clarity and confidence.
Ready to start your dignified legal separation?
