Mutual Consent Divorce in Delhi: Documents You Actually Need

Mutual consent divorce under Section 13B of the Hindu Marriage Act is the fastest route to legally end a marriage in India when both spouses agree — but courts in Delhi still expect a specific set of documents before the first motion is even listed. Missing paperwork is the single biggest cause of adjournments in an otherwise straightforward petition.

Documents Required for Mutual Consent Divorce

• Marriage certificate, or other proof of marriage (wedding invitation, photographs, priest/registrar certificate if no formal certificate exists)
• Address proof for both spouses (Aadhaar, passport, utility bill, or voter ID)
• Identity proof for both spouses (PAN card, Aadhaar, or passport)
• Passport-size photographs of both parties
• A written settlement agreement covering alimony/maintenance, division of assets, and — where applicable — child custody and visitation
• Proof of separation, where the parties have been living apart (rent agreements, utility bills at separate addresses, or an affidavit of separation)
• Income proof of both parties (salary slips, ITR, or an affidavit of income) where maintenance is being settled

The Two-Motion Process

A mutual consent divorce petition is filed jointly, followed by a mandatory statement recording both parties' consent (the first motion). Traditionally, a 6-month "cooling-off" period was required before the second motion could be filed and the decree granted.

The 6-Month Period Is No Longer Automatic

In Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746, the Supreme Court held that the 6-month waiting period under Section 13B(2) is directory, not mandatory. Delhi family courts routinely waive it where the parties have genuinely settled all disputes, there is no realistic possibility of reconciliation, and the statutory first-motion period has already been completed — which can bring a mutual consent divorce to conclusion in a matter of weeks rather than months.

Where This Is Filed in Delhi

Jurisdiction generally follows where the marriage was solemnised, where the couple last resided together, or where the wife currently resides. For couples in South West Delhi, that frequently means the Dwarka Courts complex, which also houses an on-site mediation centre that many couples use to finalise the settlement agreement before filing.