Caveat India

How to file mutual consent divorce?

Mutual Consent Divorce In India

How to file mutual consent divorce? Process of filing Mutual Consent Divorce  under Hindu Marriage Act,1955  and Special Marriage Act is quite similar wherein 1 year separation is required prior to filing the Joint Petition. Only for Christians there should be 2 years separation prior to filing the Joint Petition.

Steps  on How to file mutual consent divorce?

You will need to engage a lawyer for filing a Joint Petition signed by both husband and wife.

Preparation of Joint Petition:

This requires skill as all the terms and conditions should be mentioned so as to avoid any complicacies in future. A supporting affidavit will accompany the Petition

Preparation of Memorandum of Understanding (MOU) 

An MOU will  be drafted by the lawyer engaged  by the parties who will draft the same in Terms of the Judgment Dated 15.05.2018 passed by the Hon’ble High Court of Delhi in Cont. Case (C) No 772 of 2013, Titled as RAJAT GUPTA VS RUPALI GUPTA and the same will be supported by affidavits of both parties

Documents required for filing the Joint Petition

Copies of  ID proofs in the form  of  Aadhar card or passport or Driving License whichever is applicable will be filed along with proof of marriage

Proof of marriage documents

Documents such are wedding card, Marriage certificate and Marriage photographs

In case there is no marriage certificate it wont matter if you have  wedding card and marriage Photographs

All these documents will be attached with the Joint Petition

Filing of Joint Petition 

The  Joint petition is filed with the  required fees as prescribed by   the court fees Act.

Appearance of Parties at the date of hearing of First Motion

There will be two motions in total. In the first motion both parties will be present in court with original  ID  proofs and  questions may be asked by the Judge to satisfy himself.

Once the court is satisfied  both parties will record their statements and sign the joint statement. Thats the end of the first motion.

Appearance of Parties at the date of hearing of Second Motion

In Delhi   the second motion petition is separately filed  unlike other states where after the first motion the court itself fixes the date for second motion .

Waiver Application to waive off cooling period

Now if the separation is more than 18 months then the parties may file a second motion petition with a waiver application.In case the separation is just over a year and less than 18 months then one has to wait for 6 months to file the second motion petition. Now this also depends whether there are children in the said marraige. Courts have at times allowed  waiver application of 14 months separation too

Grant of Divorce Decree

After the second motion petition is allowed the court grants a divorce decree which can be availed   immediately or after around 7 days depends on  the court. In any case a certified copy of  the divorce decree can be obtained at any time.

Fees for Filing Mutual Consent Divorce

Filing Mutual Consent divorce Petition is accompanied by a court fees . However our fees are  very reasonable and we  maintain 100 % confidentiality. We  believe in  long lasting relationship and so the emphasis is the satisfaction of our clients which is of paramount importance. You may check  the most popular lawyer for Mutual Consent Divorce here


For any information related to filing Mutual Consent Divorce kindly call at 9873628941 or you may also fill in the form here

We will assist you from consultation to drafting and filing of the Mutual Consent Divorce in Delhi/NCR  which includes Greater Noida, Pune and kolkata.  We have a dedicated team of lawyers specially for filing Mutual Consent Divorce .

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