Mutual Consent Divorce at Saket Family Court, Delhi: First Motion, Second Motion, Cooling-Off Waiver & Settlement Guide 2026
A practical guide to Section 13B HMA, jurisdiction, settlement drafting, first and second motion, the six-month cooling-off period, waiver applications, documents, mediation and connected proceedings at Saket Family Court.
Mutual consent divorce is a settlement-driven route, but it is still a court proceeding. Under Section 13B of the Hindu Marriage Act, 1955, both spouses jointly seek dissolution of marriage after satisfying the statutory conditions. For South and South-East Delhi matters, Saket Family Court may be the relevant court where territorial jurisdiction is properly established.
What should be settled before first motion?
The strongest mutual-consent petitions are supported by a complete settlement rather than a bare agreement to divorce. Terms commonly address permanent alimony, maintenance, stridhan and personal articles, property and loans, child custody, visitation, school and medical expenses, pending DV or maintenance cases, FIR-related steps where legally permissible and the timing of each obligation.
Where payments are staged, the settlement should identify the amount payable at first motion, second motion, quashing or withdrawal of proceedings, and the consequence if a party defaults.
For a locality-specific companion page, see Mutual Consent Divorce in Malviya Nagar.
First motion
At first motion, the court considers the joint petition, parties’ statements and the terms of settlement. The court may verify that consent is voluntary, the statutory separation requirement is satisfied and the settlement is understood by both spouses.
Documents typically include proof of marriage, identity and address proof, photographs, settlement deed, details of children and copies of connected cases or orders where relevant.
Six-month cooling-off period and waiver
Section 13B(2) contemplates a six-month interval before second motion. In Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746, the Supreme Court held that this period is directory and may be waived in an appropriate case. Waiver is not automatic.
A waiver request should explain why the statutory purpose of reflection and reconciliation has already been served, whether the parties have genuinely settled all disputes and why waiting would serve no useful purpose.
Second motion
At second motion, both spouses must continue to consent to dissolution. The court may verify compliance with settlement obligations and then consider passing the decree. If consent is withdrawn before the decree, the legal position changes materially.
A well-drafted settlement should therefore specify what happens if a party does not cooperate between first and second motion, especially where money, custody or connected-case closure is staged.
Children and parenting arrangements
Where minor children are involved, settlement should cover physical custody, visitation, holidays, video calls, schooling, recurring and extraordinary expenses, passport and travel permissions, medical decisions and relocation. The welfare of the child remains paramount even in a consensual divorce.
For the child-specific Saket cluster page, see the dedicated custody guide once linked within this series. For Malviya Nagar, see Child Custody in Malviya Nagar.
Connected maintenance, DV and criminal proceedings
“All cases shall be withdrawn” is often legally imprecise. A maintenance or DV case may require withdrawal or disposal; an FIR may require compounding where permitted or quashing before the High Court; and existing orders may require compliance before closure.
The settlement should list every pending case by case number, court and agreed legal step. For financial disputes at Saket, see Maintenance at Saket Family Court.
Mediation and settlement discipline
Section 9 of the Family Courts Act, 1984 gives settlement an important role in family litigation. Mediation can help parties convert broad agreement into enforceable terms concerning money, property, children and litigation closure.
For the broader court structure, see Saket Family Court, Delhi: Divorce, Maintenance, Custody & Filing Guide.
Documents commonly required
- marriage certificate or proof of marriage;
- identity and address proof;
- documents supporting territorial jurisdiction;
- settlement deed;
- children’s documents where applicable;
- copies of pending case papers and orders;
- payment proofs for completed settlement obligations; and
- waiver application and supporting material, if waiver is sought.
Frequently asked questions
Can the six-month period be waived?
Yes, in an appropriate case. Waiver is discretionary and not automatic.
Is first motion the final divorce?
No. A decree is ordinarily considered after second motion and continued mutual consent.
Can custody be settled in mutual consent divorce?
Yes, but the arrangement remains subject to the child’s welfare.
Can an FIR end automatically after settlement?
No. Separate legal steps may be required depending on the offence and procedural route.
Authoritative sources
Author: Adv. Govind Bali, Fastrack Legal Solutions LLP.