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Advocate Shasha Jain provides legal guidance on mutual consent divorce in Delhi NCR, explaining the applicable legal process, timeline, documentation, court procedure, and waiver of the cooling-off period in a clear and structured manner.
Mutual consent divorce is a legal process through which both spouses jointly seek dissolution of their marriage when they have mutually agreed to separate and have resolved all related issues. In Delhi NCR, such divorces are governed by statutory provisions and require strict procedural compliance before the Family Court.
In appropriate cases, including where one or both spouses reside outside India, mutual consent divorce proceedings may be conducted through a duly executed and attested Power of Attorney, subject to court approval and compliance with applicable procedural requirements. Where the parties are NRI spouses or overseas couples, additional considerations relating to jurisdiction, Power of Attorney representation, and cross-border procedural compliance arise, which are addressed under NRI mutual consent divorce as a specialised category of matrimonial proceedings.
This page explains the entire mutual consent divorce process in Delhi NCR, including eligibility conditions, court procedure, settlement requirements, timeline, costs, and the possibility of waiver of the statutory cooling-off period. The information is intended to help couples understand the legal framework and practical steps involved before initiating proceedings.
Mutual consent divorce refers to dissolution of marriage where both spouses voluntarily agree to end the marriage and jointly approach the court. Unlike contested divorce, there are no allegations of fault. The focus is on settlement and legal compliance.
Key characteristics:
Joint petition by husband and wife
Agreement on alimony, child custody, property, and other disputes
Court verifies free consent of both parties
Divorce decree granted after statutory procedure
This makes mutual consent divorce faster, less adversarial, and emotionally less stressful.
Depending on the nature of marriage, mutual consent divorce may be filed under:
Hindu Marriage Act, 1955 (Section 13B) – Hindu, Sikh, Jain, Buddhist couples
Special Marriage Act, 1954 (Section 28) – Civil / interfaith marriages
Indian Divorce Act, 1869 (Section 10A) – Christian couples
Each law prescribes:
Minimum separation period
Two-motion procedure
Judicial satisfaction regarding consent
A couple may file for mutual consent divorce if:
They have been living separately for at least one year
They are unable to live together
They have mutually agreed to dissolve the marriage
All disputes relating to Alimony / maintenance, Child custody and visitation & Property and financial settlement
are fully resolved
Mutual consent divorce is suitable where both spouses are willing to separate amicably and resolve all disputes without litigation. Where disputes remain unresolved or consent is withdrawn, contested proceedings may be required under applicable matrimonial laws.
Both spouses decide to pursue divorce by mutual consent and evaluate eligibility under applicable law.
A written settlement is prepared recording:
Alimony or waiver
Custody and visitation rights
Division of assets
Withdrawal of pending cases
This document forms the foundation of the divorce petition.
The joint petition is filed before the appropriate Family Court in Delhi NCR.
Both spouses appear and their statements are recorded.
Statutorily, a six-month waiting period applies between the first and second motion.
Upon reaffirmation of consent, the court grants the final divorce decree, legally dissolving the marriage
Courts may waive the six-month waiting period when:
All disputes are fully settled
Parties have been separated for more than one year
There is no possibility of reconciliation
Where waiver is granted, divorce may be completed within 30–90 days, subject to judicial discretion.
With waiver: Approx. 30–90 days
Without waiver: Minimum 6–7 months
Timelines vary based on:
Court workload
Completeness of documentation
Judicial discretion
Marriage certificate & Photograph
Identity proofs of both spouses
Address proof
Passport-size photographs
Income details (if applicable)
Settlement agreement (MoU)
Advocate Shasha Jain has practical experience in handling mutual consent and uncontested divorce matters, including cases involving outstation clients, NRI couples, and parties facing health or physical challenges. The firm follows a structured, settlement-focused approach to ensure procedural compliance and timely progress of cases.
The firm’s experience includes:
Assisting outstation and NRI couples, as well as parties facing medical or physical limitations, in completing mutual consent divorce proceedings through Power of Attorney or alternative procedural arrangements, subject to court approval
Drafting and negotiating comprehensive settlement agreements and MoUs covering alimony, child custody, visitation rights, and division of assets
Representing parties in matters involving waiver of the statutory six-month cooling-off period, where legal conditions were satisfied
Handling mutual consent divorce cases that, subject to court discretion, were concluded within approximately 30–90 days after the first motion
Managing settlements involving withdrawal or resolution of pending matrimonial or related proceedings
Advising clients on jurisdiction, documentation, and procedural requirements prior to filing petitions before Delhi NCR family courts
This experience enables Advocate Shasha Jain to assist clients seeking an amicable and legally compliant resolution of their marriage, including those who may face mobility constraints, health concerns, or geographical limitations.
At BLJ Legal, mutual consent divorce matters are handled with a settlement-focused and procedure-driven approach, ensuring that clients are guided through the legal process with clarity, discretion, and efficiency.
The firm assists couples in completing the divorce process while safeguarding their legal rights and minimising unnecessary conflict.
Focused practice in mutual consent and uncontested divorce matters
Structured handling of divorce proceedings to avoid procedural delays
Clear legal guidance on alimony, property settlement, and child custody
Client-centric approach aimed at achieving amicable and legally sound outcomes
Clients who have engaged BLJ Legal for mutual consent divorce legal assistance in Delhi NCR have appreciated the structured, settlement-focused approach adopted during the proceedings.
“The process was explained clearly from the beginning, and the settlement documentation was handled professionally. Court appearances were minimal, which was very helpful.”
— Client, Delhi NCR
“As an NRI, completing the mutual consent divorce through Power of Attorney made the process much easier. The coordination and documentation were handled smoothly.”
— Client settled abroad
“The matter was handled with sensitivity and clarity. The focus on settlement and procedure helped avoid unnecessary delays.”
— Client, Outstation
With cooling-off period waiver, most clients receive their divorce decree within 30–90 days.
Fees vary based on complexity and settlements. We offer transparent flat-fee packages after consultation.
Yes. For NRI/foreign clients, divorce through a Power of Attorney (POA) is legally valid.
No. If both parties agree that no maintenance or alimony is needed, it is recorded in the MoU and respected by court.
Yes. Jurisdiction depends on factors such as place of marriage, last matrimonial residence, or current residence of either spouse, subject to legal requirements.
Couples seeking clarity on the mutual consent divorce process, including eligibility, documentation, court procedure, timelines, and waiver of the statutory cooling-off period, may opt for a confidential consultation. Guidance can help ensure that the settlement and procedural requirements are addressed correctly under the applicable matrimonial law.
📍 Address: Chamber No. 314, Patiala House Court, Near India Gate, Supreme Court, New Delhi 110001
📞 Phone: 8851632512
📧 Email: legalblj@gmail.com
The 2023 Shilpa Sailesh vs. Varun Sreenivasan ruling allows divorce for dead marriages under Article 142, waiving cooling-off periods. The judgments continue to guide family courts in deciding mutual consent divorce petitions, including applications for waiver of the statutory cooling-off period, in accordance with applicable law and procedure.
