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How long does a mutual consent divorce take in Delhi Family Court?

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(@Palak Jain)
Joined: 6 days ago
[#53]

My spouse and I live in South Delhi and have agreed to separate amicably. Our lawyer has suggested filing a mutual consent divorce petition before the Saket Family Court. What is the realistic timeline for obtaining a divorce decree in Delhi, and is there any way to reduce delays?


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(@advocate-mudit-pratap)
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Joined: 6 days ago

If you are considering a mutual consent divorce in Delhi, it is always advisable to first seek proper guidance from an experienced divorce lawyer, as the right approach at the initial stage can significantly impact how quickly and smoothly your case is resolved. In Delhi, a mutual consent divorce filed before the Family Court (such as the Saket Court in South Delhi) generally takes around 6 to 12 months to complete under normal circumstances. This timeline is mainly due to the statutory 6-month “cooling-off period” between the first and second motion under Section 13B of the Hindu Marriage Act, during which the court allows the parties time to reconsider their decision. After filing the first motion and recording statements, the matter is listed again after six months for the second motion, where both spouses confirm their decision, and the court may grant the final divorce decree. However, based on practical legal experience, courts in Delhi may waive this cooling-off period in appropriate cases—especially where both parties have been living separately for a sufficient duration, have amicably settled issues like alimony, child custody, and property, and there is no scope for reconciliation. If such a waiver is granted, the entire process can be completed much faster, typically within 1 to 3 months, depending on the court’s schedule. To minimize delays, it is important to have a clear settlement agreement, complete documentation, and timely appearances before the court. For a quicker and hassle-free resolution, it is always beneficial to consult a skilled divorce lawyer and seek guidance from Aapka Legal Advice, which can help streamline the process and ensure that your mutual consent divorce is completed efficiently in the Saket Family Court.


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