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1,800+ Decrees
Granted in Delhi Courts
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15–30 Days
With cooling waiver application
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All 6 Family Courts
Saket, Dwarka, Tis Hazari, etc.
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No False Allegations
Clean, dignified legal closure
Court Coverage in Delhi

Delhi Family Courts Where We Practice

Delhi is divided into 11 judicial districts with 6 major Family Court complexes. Mutual consent petitions for couples residing in Hauz Khas Enclave are filed and decided at Saket Family Court.

Fast-Track 4-Step Process

How Mutual Consent Divorce Works in Delhi

Under Section 13B of the Hindu Marriage Act (or Section 28 of Special Marriage Act), mutual divorce follows a clear, dignified 4-step process for couples in Hauz Khas Enclave:

1

Settlement Agreement (MoU)

Both parties agree on all terms. Our advocates draft a comprehensive Memorandum of Understanding covering permanent alimony, return of stridhan/jewellery, child custody, and withdrawal of any pending complaints.

2

Filing First Motion (Sec 13B-1)

A joint petition is filed in Saket Family Court. Both husband and wife appear before the Principal Family Judge. Statements under oath are recorded, documents are marked, and First Motion order is passed.

3

Cooling-Off Period Waiver

While the law provides a 6-month cooling period, our lawyers move an urgent waiver application citing the Supreme Court’s landmark Amardeep Singh judgment. Once granted, the court waives the 6 months, fast-tracking the case to Second Motion.

Step 4: Second Motion & Final Decree (Sec 13B-2)

Second Motion statements are recorded, remaining settlement amount is paid by Demand Draft in court, and the Hon’ble Family Judge signs the final Decree of Divorce, completely and legally ending the marriage.

Filing Checklist & Jurisdiction

Documents Required for Mutual Divorce in Delhi

Keep these essential documents ready for rapid petition drafting, cooling-off waiver application, and First Motion court filing for Hauz Khas Enclave:

1

Proof of Marriage

Marriage Registration Certificate, Wedding Card (Invitation), or 2–3 original wedding photographs showing Saptapadi/Varmala.

2

Delhi Address Proof

Aadhaar Card, Passport, Voter ID, or Registered Rent Agreement establishing residence in Hauz Khas Enclave or Delhi NCT.

3

Passport Photos

4 recent passport-size photographs of both husband and wife (affixed on the joint petition affidavits and court file).

4

Settlement MoU

Detailed agreement drafted by our lawyers covering permanent alimony, return of stridhan, and child custody/visitation.

Local Jurisdiction

Nearby Localities Served Under Saket Family Court

In addition to Hauz Khas Enclave, our senior matrimonial lawyers represent couples from all adjacent sectors and neighborhoods under Saket Family Court jurisdiction:

View All 245+ Delhi Locations & Sectors →

Saket Family Court Complex Location for Hauz Khas Enclave Residents

Delhi Mutual Divorce FAQs for Hauz Khas Enclave

Frequently Asked Questions: Mutual Consent Divorce & Settlement MoUs

While Section 13B of the Hindu Marriage Act normally prescribes a 6-month statutory cooling period between the First Motion (Section 13B-1) and Second Motion (Section 13B-2), our senior advocates file an urgent waiver application citing the Supreme Court’s landmark judgment in Amardeep Singh v. Harveen Kaur (2017). Once the Family Court Judge waives the 6-month cooling period, both motions can be completed and the final divorce decree can be obtained in as little as 15 to 30 days.
Under the Amardeep Singh precedent, Delhi Family Courts grant a cooling-off waiver when: 1) The statutory period of 6 months under Section 13B(2), in addition to the mandatory 1 year of living separately prior to filing First Motion, is already completed or near completion; 2) All genuine mediation and reconciliation attempts have failed; 3) All settlement terms regarding permanent alimony, Stridhan return, and child custody have been completely resolved in a signed MoU; and 4) The waiting period will only prolong the agony of both spouses.
An airtight Memorandum of Understanding (MoU) drafted on stamp paper is the legal bedrock of mutual divorce. Essential clauses include: 1) Permanent Alimony & Maintenance: Exact settlement amount and staggered payment mode (typically split between First and Second Motion); 2) Stridhan & Jewelry: Detailed inventory and unconditional handover of bridal gold and household articles; 3) Child Custody & Visitation: Clear joint parenting schedule, school fee sharing, and holiday visitation; 4) Property & Asset Division: Transfer or liquidation of joint properties; and 5) Quashing of Cases: Mutual undertaking to withdraw or quash all pending FIRs (498A, DV Act, 125 CrPC) before the Delhi High Court.
Yes. If one or both spouses reside abroad (USA, UK, Canada, UAE, Australia, etc.), physical travel to Delhi is not required. Under the Delhi High Court Video Conferencing Guidelines, the overseas spouse executes a Special Power of Attorney (PoA) attested by the Indian Embassy or Consulate in favor of a trusted relative or lawyer. The PoA holder signs the court pleadings, and the NRI spouse appears before the Delhi Family Court Judge virtually via secure video-conferencing to record sworn statements.
Under Indian law, mutual consent must subsist until the final decree is signed; either spouse technically has the right to withdraw consent prior to Second Motion. However, if a party accepts financial consideration or Stridhan under the MoU and then unethically backs out, Delhi courts take serious view of breach of undertaking and can hold the defaulting party liable for contempt of court or order restitution. To safeguard clients, LegalSakhi structures alimony payouts so that the final installment is handed over exclusively inside the courtroom via Demand Draft only upon the recording of Second Motion statements.
Mutual consent divorce is the most cost-effective legal method of separation. LegalSakhi offers fixed, all-inclusive legal packages starting from ₹15,000 to ₹35,000. Our transparent fee structure covers: complete Settlement Agreement (MoU) drafting, joint petition preparation for both motions, court fee stamps and affidavit notarizations, advocate representation at First Motion, drafting and arguing the 6-month cooling period waiver application, Second Motion final decree representation, and obtaining certified decree copies with zero hidden costs.

Speak with a Mutual Consent Lawyer for Hauz Khas Enclave

Fast, dignified, and confidential legal guidance for couples in Hauz Khas Enclave seeking mutual consent divorce at Saket Family Court.

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