Can I get a divorce by mutual consent in Delhi and how long does it take?

Detailed Legal Analysis

Yes, you can get a divorce by mutual consent in Delhi, and the process typically takes around 6 to 18 months, depending on various factors.

The process of obtaining a divorce by mutual consent is governed by the Hindu Marriage Act, 1955 for Hindus, and the Special Marriage Act, 1954 for all other communities. Here are the key steps and requirements involved:

• Eligibility: Both parties must agree to the divorce and must have been living separately for at least one year. Under Section 13B of the Hindu Marriage Act, the couple must also demonstrate that the marriage has irretrievably broken down.
• Filing a Petition: The couple must jointly file a petition for divorce in the Family Court. This petition should include:
  • The names and addresses of both parties.
  • The date of marriage and details of any children.
  • A statement affirming that both parties wish to dissolve the marriage by mutual consent.
  • Details of any alimony or child custody arrangements, if applicable.
• First Motion: After filing the petition, the court will schedule a hearing. During the first motion, both parties need to affirm their consent to the divorce. If the court is satisfied, it will grant the first motion.
• Cooling-Off Period: After the first motion, there is typically a mandatory cooling-off period of six months. This period allows the couple to reconsider their decision. However, this period can be waived under certain circumstances as per the Supreme Court ruling in the case of Amardeep Singh v. Harveen Kaur (2017).
• Second Motion: After the cooling-off period, both parties must appear for the second motion. If both still wish to proceed, the court will finalize the divorce and issue a divorce decree.

Additionally, if the couple has children, the court will also consider custody and maintenance arrangements, ensuring that the best interests of the children are prioritized as per Section 26 of the Hindu Marriage Act.

In summary, while the mutual consent divorce process in Delhi can be completed in approximately 6 to 18 months, the exact duration may vary based on the court's schedule and the circumstances surrounding the case.