How to file mutual divorce in delhi.

Published June 30, 2025

✅ Eligibility Conditions 1. Marriage is under the Hindu Marriage Act, 1955 2. Both parties agree to divorce 3. They have lived separately for at least 1 year 4. No chance of reconciliation

📍Where to File

File the petition in the Family Court having jurisdiction over: • Place of marriage, • Last place of living together, • Or where the wife is residing currently.

Delhi Family Courts: Tis Hazari, Rohini, Karkardooma, Saket, Dwarka, Patiala House, Rouse Avenue, etc.

📑 Documents Required • Joint petition for divorce (under Section 13B) • Aadhaar cards or other valid ID proofs • Marriage certificate or proof of marriage (photos/invite if certificate unavailable) • Passport-size photos of both spouses • Proof of 1-year separation (affidavit, utility bills, etc.) • Memorandum of Understanding (MoU) detailing: • Alimony (if any) • Child custody (if applicable) • Property/asset division • Permanent settlement terms

🪪 Step-by-Step Process

Step 1: Draft & File Joint Petition U/s 13B (1)(First Motion)

Step 2: First Motion Hearing • Court records statements of both parties confirming consent and settlement.

Step 3: Cooling-Off Period (6 months) • Settlement is done, • No pending disputes, • Both parties insist on quick divorce.

Step 4: Second Motion • After 1-2 months (or waiver), file a second motion under Section 13B(2).

Step 5: Divorce Decree Granted • Court Satisfied. • Divorce is official.