How to Get Mutual Divorce in Delhi Without Delay

How to Get Mutual Divorce in Delhi Without Delay? Quick Answer:

If you ask “how to get mutual divorce in Delhi quickly?” I will answer with another question. Are all terms settled and is the paperwork ready?

If you answer yes, then both spouses should file their petition in the correct Family Court, appear before court on dates given and receive decree of divorce after waiting for the mandatory cooling off period.

It may sound simple but there are steps to follow for divorce by mutual consent.

Here’s the broad legal route –

This post will guide you through each of these points. However, keep in mind that this is just the legal route. Strategies may vary from lawyer to lawyer based on facts of your case, practice of Family Courts in Delhi and terms of settlement.

Why Mutual Divorce Gets Delayed in Delhi?

Couples think that because it’s “mutual,” divorce will automatically be fast. Husband and wife agreed to settle all money issues. Court process will be smooth. No problems at all.

Does this sound familiar?

Haan my wife and I settled everything. We have done mutual divorce cases before also. Even registration is not required. Family Court Delhi will grant us divorce instantly.

Um…

No. Mutual consent divorce Delhi will not happen unless you do the needed preparation. A common reason why divorce cases get delayed is weak preparation.

Below are a few major reasons divorce delays happen in Delhi –

• Incomplete documents
• Unclear/altered/alibi settlement terms
• Child custody dispute
• Pending domestic violence case/complaint
• Pending 498A case
• Stridhan/jewellery not returned/disputed
• Unclear property settlement terms
• One party not appearing in court
• Payment stage of settlement not written
• Change of mind at last moment
• Court jurisdiction incorrect

Want to know other reasons why clients delay their divorce?

The husband and wife come to my office and say everything is settled. I wish it was that simple.

Then I start asking general questions about their settlement terms.

• Is wife keeping the child?
• Will husband pay school fees?
• Will father get visitation rights?
• Who is keeping passport of child?
• Is one-time settlement amount full and final payment?
• Is wife going to drop DV case?
• Will husband help wife drop pending case?
• Did husband give back jewellery?
• Has wife mentioned when she will pay second motion amount?

Voila. Half the marriage problems start right here.

Delay can creep in when couples do not answer these basic questions at the beginning.

Conditions for Applying for Mutual Consent Divorce in Delhi

Either husband or wife cannot file for divorce unilaterally just because they want it quick. Both parties need to agree that the marriage needs to end.

In India, most mutual consent divorces are filed by husband and wife under Section 13B of Hindu Marriage Act if they were married under Hindu ceremony. For Christian, Muslim or other divorce, the law applied would be different.

However, in practical terms, there are three basic conditions that should be met for divorce by mutual consent to proceed.

• Both parties should agree that the marriage should end.
• Both parties should have settled issues relating to money, property and children.
• Both parties should cooperate with court hearings and willingly.

Court does not grant divorce because one party files and wants it quick. Delay happens when one party changes their mind, refuses to appear before court or creates disputes after filing petition.

That is why mutual consent divorce cases should start only after conditions are clear. Discuss, clearly. Until both parties can confidently say that divorce is the correct decision.

Documents Required for Divorce by Mutual Consent in Delhi

Divorce by mutual consent should start with proper documents. You cannot file for divorce without proving your marriage existed. You cannot reach settlement stage if parties do not have required documents.

These documents can include but are not limited to –

• Marriage proof certificate or marriage invitation card (if available)
• Wedding photograph album
• Identity proof of husband and wife like ID card, driving license etc.
• Address proof of husband and wife like rental agreement, electricity bill etc.
• Passport size photographs of spouses
• Proof of husband and wife living separately
• Birth certificate of children, if any
• Income proof like salary slips if wife/husband wants alimony/maintenance from each other
• Bank account detail where divorce settlement amount will be transferred
• Any proof of payment if any amount has already been paid to wife/husband
• Stridhan documents/items checklist if wife is asking for jewellery or stridhan return from husband
• Property documents/deeds if property is part of divorce settlement
• Paperwork of any pending case against husband or wife
• Copies of domestic violence case complaints
• Copies of section 498A or CAW Cell complaint sheet
• Divorce settlement agreement draft

As simple advice – keep soft and hard copy of everything. Whenever I file cases in Delhi Family Court, my clients are often appreciated for submitting clean and proper documents.

Divorce Settlement Terms to Consider in Delhi

Divorce settlement agreement should clearly mention all agreed points in black and white. Many couples delay divorce because their settlement agreement was drafted weakly.

Make sure your settlement mentions-

• Total divorce settlement amount
• Payment stage
• Mode of payment
• Whether settlement amount is full and final payment or not
• Past maintenance, if any
• Future maintenance/alimony, if any
• Permanent alimony agreement
• Who keeps the child or children
• Visitation rights of parent not keeping the child
• Who pays school fees
• Who pays medical expenses
• Who has travel permission of child
• Who will keep child’s passport
• Return of stridhan/jewellery/article
• Furniture, electronics and household items ownership
• Property ownership details if involved in divorce settlement
• Pending cases details
• Will wife drop DV case?
• Will husband help drop pending 498A?
• Any future cooperation to be promised
• No claim from either party clause
• Default clause (if payment/default happens)

Do NOT write ambiguous lines like “wife and husband have settled all terms” if you have not settled all terms. Court and lawyer cannot look into your minds to know whether you really settled everything or not.

First Motion and Second Motion Explained in Mutual Divorce

When people think about divorce by mutual consent in Delhi, most know about two important stages – first motion and second motion.

During first motion stage both husband and wife tell Family Court judge that they have decided to end the marriage and have settled their disputes.

During second motion stage, both parties confirm their intent before judge and court grants divorce.

Problem/frictions come when husband doesn’t pay agreed amount at second motion or wife doesn’t appear in court before second motion.

I often tell clients that husband and wife should know what happens at first motion stage and what happens at second motion stage in divorce.

Divorce settlement agreement should clearly mention terms under these headings –

• How much amount will be paid at first motion?
• How much amount will be paid at second motion?
• When will wife drop pending DV case?
• When will husband drop pending 498A?
• Who needs to appear in court?
• What happens if husband doesn’t pay agreed amount?

Clear terms can reduce unnecessary delay due to such misconceptions.

Cooling Off Period in Delhi and Requesting for Waiver

“Hello Sir, can my wife and I get mutual divorce fast in Delhi?”

Hmm.. depends on facts and court hearing dates.

Read that again.

Mutual consent divorce includes a mandatory cooling off period. Technically husband and wife need to wait X amount of months before getting divorce decree.

However, in mutual consent divorce cases where both parties have settled disputes permanently, courts may allow waiver of cooling off period.

Will your Family Court judge grant waiver in Delhi NCR?

Again, that depends on facts. Simply because you and your wife agreed to divorce doesn’t mean judge will grant waiver.

Court sees if you two have been separated for sufficient amount of time, if terms settled have no room for dispute or reconciliation and whether both parties truly wish to get divorce quickly.

So do not go into a divorce thinking your judge will grant waiver every time. At the same time, do not lose hope if your lawyer mentions facts are suitable for waiver request.

A good lawyer will handle your case properly and guide you if asking for waiver is an option in your case.

Mutual Divorce Agreement with Child Custody Terms in Delhi

Often times husband and wife have children. So when divorcing, consider the well-being of your children too.

Mutual divorce settlement agreement should specifically mention –

• Who will have physical custody of the child
• Minor child visitation schedule to be followed
• Weekends – will other parent be allowed to meet the child?
• Holidays/birthdays/festivals – will parents be friendly towards each other for the child?
• Who will pay child’s school fees
• Who will pay medical expenses for the child
• Who will keep school documents/passport of child
• Will child be allowed to travel to Delhi or other countries with one parent
• Will both parents be allowed video calls with child

Kids should not become another divorce battle between two parents.

Court also look at interests of child closely. So try to settle divorce and custody responsibly.

Read this page on – Child Custody and Visitation in India

Alimony and Maintenance Terms in Mutual Consent Divorce Cases

There can be two types of alimony in divorce by mutual consent –

• Lump sum payment settlement which is agreed once by both parties.
• Monthly payment arrangement.

Take note, most divorce by mutual consent involve one-time settlement/alimony. The reasons are simple. One-time settlement gives husband and wife chance to move on without chronic money battles.

Monthly maintenance can work but only if terms are clearly written.

A divorce settlement agreement should clearly mention whether amount mentioned includes –

• Past maintenance paid from date of separation till date of settlement
• Present maintenance if husband and wife agreed to pay monthly expenses
• Future maintenance/alimony if agreed
• Child expenses
• Medical expenses
• Litigation expenses, if any
• Claim for stridhan
• Claim for property.

If wife is getting one-time lumpsum settlement, clearly write in agreement that once she signs divorce decree, she cannot claim future maintenance from husband.

The same applies if you agreed to pay husband maintenance for X years or till your wife earns salary.

If you have agreed to pay child expenses separately from settlement amount, mention that separately in agreement.

Tip: Don’t write your settlement agreement contains “full and final settlement” without specifying what full and final includes.

Clients come to my office thinking she signed full and final but now wants more money from husband. The husband says he paid divorce settlement amount so why does wife need more money.

If divorce terms are clear, there won’t be room for fighting after divorce.

Need help deciding alimony/maintenance terms for divorce?

Maintenance and Alimony

Divorce Settlement when Wife has Filed 498A or Domestic Violence Case

Clients who have pending 498A criminal case, CAW cell case or domestic violence case filing by wife often wants to settle matters through mutual divorce.

Here’s the problem. Just because husband and wife settle money issues privately, it will NOT automatically stop pending criminal cases in India.

If there is an FIR, you may need to take legal steps to get complaint quashed. If wife has filed DV case, divorce settlement should mention under what conditions wife will be able to drop DV case or husband will cooperate to get pending criminal case disposed.

Divorce settlement should mention these points clearly-

• What cases are pending against husband or wife?
• Who filed these cases?
• Where are these cases filed?
• When will the wife drop DV case or husband help wife with stopping 498A?
• Who needs to cooperate? Wife or husband?
• What happens when divorce settlement amount is paid?
• Can both parties file application/VAC to court to quash pending FIR/complaint?
• What if husband or wife does not cooperate after receiving divorce settlement amount?

Handle pending criminal cases carefully. Don’t leave them for “baad mein kuch karein” (figure it out later) mentality.

Clients who had filed page 3 news divorces had to face these pending cases years later because both parties were lazy during negotiations. Don’t be lazy. Fix your divorce today.

Court Appearance in Mutual Consent Divorce Cases in Delhi

Both husband and wife have to appear before Family Court in Delhi when filing cases for mutual consent divorce. They need to confirm their decision in front of judge.

Sometimes clients ask about doing court appearance via online mode or video conference or through power of attorney.

Each case is different and court practice varies. Delhi Family Courts may allow such arrangements depending on facts and their own discretion. But husband and wife should NOT assume they will never have to appear physically for court hearings.

If you or your spouse is NRI or living outside Delhi, lawyer should plan ahead for appearance and documents.

Need help filing divorce if husband or wife is NRI or living in different city?

Check out NRI divorce help page:

NRI Divorce and Mutual Consent Divorce Lawyer in Delhi

Tips to Avoid Delay in Mutual Consent Divorce Cases in Delhi

Stop searching for delays.

Delay cannot be avoided by hoping your lawyer will fix things. Delay can be avoided by both spouses doing their jobs correctly.

Mutual Divorce Clients Can Avoid Delay By…

• Discussing and settling all issues BEFORE filing for divorce.
• Having documents ready when you start the process.
• Going to correct court/judge where your marriage was solemnized.
• Drafting proper petition with correct terms of settlement.
• Writing down what happens/husband/wife need to do at first motion stage and second motion stage.
• Recording list of items/steps on how wife will return stridhan/jewellery/assets husband gave.
• Recording details of any pending cases/complaints husband or wife has filed against each other.
• Not going back on decisions. Decide today and file tomorrow.
• Appearing before court sincerely when required.
• Being honest with the lawyer. Don’t hide facts.
• Reading what you sign.
• Keeping communications open with ex-spouse.
• Allowing lawyer to handle court drafts instead of asking “friend” who is not a lawyer to draft.

Mutual consent divorce happens quickly when both parties want it to. Once someone brings personal problems into the legal process, delay becomes unavoidable most times.

Real-life Mutual Consent Divorce Cases with Delays

Client decided to take mutual consent divorce in Delhi with his wife.

They agreed wife would pay settlement amount to husband and they can file mutual divorce petition quickly.

Both discussed terms privately. Wife had agreed to give X amount as one-time settlement to husband in exchange of divorce.

But after first motion was filed, wife said daughter’s school fees were not part of settlement amount. Husband disagreed.

Divorce settlement agreement did not clearly mention wife would or would not pay school fees.

Months went by since first motion stage because husband and wife could not agree on whose responsibility it was to school fees.

Learn from the above story – Mention school/education expenses of children clearly in your settlement if you’re getting divorced.

Mutual Consent Divorce Case Delayed Because Wife Filed DV Case Later

Couple agreed to mutual consent divorce terms and had settled money issues privately. Husband had agreed to transfer property to wife’s name.

They started preparing divorce petition to file first motion.

While reviewing documents, wife told husband since he was transferring property to her name, she wanted to keep husband’s name in their child’s school records until he transfers property.

Divorce settlement drafted by lawyer did not mention who would keep what school documents of child.

Wife later filed DV case after they had filed first motion for divorce.

Lesson – Always discuss pending complaints/criminal cases before agreeing to settle divorce. Manage all past disputes in your settlement agreement.

Delays in Divorce Cases When Stridhan Not Clearly Written

Client agreed to mutual divorce with his wife in Delhi. But he soon faced problem.

Wife wanted divorce but refused to disclose list of jewellery/strips she wanted from husband.

She said she returned all jewellery/husband gave her during marriage. She did not have any checklist or proof stridhan was returned.

Delay happened because husband could not trust wife and start arguing over return of gifts.

Moral of story – Take receipt or at least have wife/co-wife acknowledge in writing what articles she received during marriage. Keep records of return of gifts/strips/jewellery during settlement.

10 Common Mistakes Divorce Cases Make in Delhi

Clients get divorce delayed for many reasons. Below are the top reasons/divorce mistakes I see clients make.

• Mistake #1 – Filing divorce before terms settled.
• Mistake #2 – Filing divorce petition in wrong Family Court.
• Mistake #3 – Not thinking about custody of children.
• Mistake #4 – Not writing school/medical expenses of child in settlement.
• Mistake #5 – Paying wife/husband settlement amount in cash.
• Mistake #6 – Not recording wife’s return of stridhan/jewellery.
• Mistake #7 – Forgetting about wife’s pending DV/498A case.
• Mistake #8 – Thinking judge will always waive cooling off period.
• Mistake #9 – Missing court dates thinking it does not matter.
• Mistake #10 – Signing any document without reading it first.

Divorce by mutual consent is made easiest when both sides think, discuss and act responsibly.

How divorce lawyer delhi/ncr Can Help with Mutual Consent Divorce in Delhi

The law firm Divorce Lawyer Delhi/NCR has been helping couples with mutual consent divorce in Delhi, Delhi NCR mutual divorce cases, drafting divorce petitions under mutual consent, divorce settlement agreement terms in India, fix alimony terms during divorce, arrange child custody effectively via divorce agreement, mutual divorce from wife’s side, domestic violence settlement before divorce, handling 498A during divorce and representing clients in Family Court for divorce in Delhi.

Advocate BK Singh helps clients with-

• Mutual divorce consultation in Delhi
• Mutual divorce petition drafting India
• Mutual consent divorce agreement
• First motion and second motion in mutual divorce
• Includes alimony terms, how to divide one-time payment
• Includes child custody and visitation rights agreement
• Can help you record return of stridhan/jewellery/assets during divorce
• Help write conditions about any pending criminal cases in divorce settlement
• Can request waiver of cooling off period, if suitable in your case
• Helps NRI clients or spouses living outside Delhi divorce
• Appear in Family Court for clients during mutual consent divorce cases

If you wish to get divorce by mutual consent without unreasonable delay, kindly get your settlement agreement and documents checked before filing for divorce in Delhi.

Conclusion

Delay in mutual consent divorce cases in Delhi happen when you do not prepare ahead.

Both husband and wife need to cooperate by settling all issues, keep documents ready for filing and by appearing in Family Court on required dates.

Once both parties know what needs to happen and files paperwork accordingly, court delays can often be avoided.

Divorce by mutual consent should not be a messy battle. It should be two adults who have decided to part ways peace fully.

For mutual divorce in Delhi, mutual consent divorce Delhi NCR mutual divorce cases in India, drafting divorce petitions for mutual consent, how to settle divorce terms/money in Delhi, alimony terms during divorce in India, child custody terms via divorce settlement agreement, divorce cases from wife’s side, divorce from husband’s side, handle domestic violence or 498A during divorce and guide clients through Family Court processes, you can contact Advocate BK Singh at divorcelawyerdelhincr.