Divorce is one of the most personal matters anyone can bring to court. Adv. Raj Kumar Karan is a divorce lawyer practising at Saket Family Court who handles both mutual consent divorce under Section 13B of the Hindu Marriage Act and contested divorce on fault grounds under Section 13. He advises on cooling-off waiver, settlement drafting, interim maintenance, and child custody — with complete confidentiality. Free first consultation. Call +91 9711572898.
Every divorce matter argued personally. Absolute confidentiality, always.
*When cooling-off period is waived under Amardeep Singh v. Harveen Kaur (2017).
How long does mutual consent divorce take at Saket?
6–18 months from filing in most cases. With cooling-off waiver under Amardeep Singh v. Harveen Kaur (2017), it can conclude in 3–6 months. Two motions required — first motion, then second motion after cooling-off period.
What are the grounds for contested divorce?
Under Section 13 HMA: cruelty, desertion (2+ years), adultery, conversion, unsoundness of mind, mental disorder, renunciation, and additional grounds for wives. Full list →
How much does a divorce lawyer cost at Saket?
2026 ranges: ₹25K–₹60K mutual consent; ₹50K–₹1.5L contested; ₹15K–₹40K interim maintenance application. Fixed quote in writing after free consultation.
Can cooling-off period be waived?
Yes. Under Amardeep Singh (2017), the six-month cooling-off period is directory, not mandatory. Saket Family Court waives it where marriage has irretrievably broken down and all disputes are settled.
In Indian law, there are two paths to divorce. The choice between them determines the timeline, the emotional cost, the evidence required, and often the outcome. Here is what each involves.
SECTION 13B HINDU MARRIAGE ACT · SECTION 28 SPECIAL MARRIAGE ACT
Both spouses jointly agree to dissolve the marriage. No fault needs to be proved. The court records consent twice, with a cooling-off period in between. Fastest, cheapest, and least acrimonious path.
SECTION 13 HINDU MARRIAGE ACT · SECTION 27 SPECIAL MARRIAGE ACT
One spouse files for divorce on a specific fault ground. The other may resist. The matter goes to trial — pleadings, evidence, cross-examination, and final arguments. Longer and more expensive.
Which path is right for you? Many matters begin as contested and convert to mutual consent once a fair settlement is reached through mediation. At TaxLex India, we attempt mediation first in nearly every divorce matter — because a settlement that both parties accept is faster, cheaper, and far less damaging to children than a full trial.
Contested divorce requires proof of one or more statutory grounds. Each ground has its own evidentiary requirements — pleadings must specify them precisely, and evidence must support them. Below are the grounds available under Section 13(1) and 13(2) of the Hindu Marriage Act.
SECTION 13(1)(ia) HMA
Physical or mental cruelty. Mental cruelty covers sustained verbal abuse, humiliation, false accusations, denial of conjugal rights, and conduct causing reasonable apprehension of harm. The most commonly cited ground at Saket Family Court.
SECTION 13(1)(ib) HMA
Willful abandonment for a continuous period of at least two years immediately preceding the filing. Requires proof of both physical separation and animus deserendi — the intention to abandon the marriage.
SECTION 13(1)(i) HMA
Voluntary sexual intercourse with a person other than the spouse. Requires circumstantial evidence — direct proof is rare. Photographs, messages, hotel records, witness testimony, and admissions often suffice.
SECTION 13(1)(ii) HMA
Renunciation of the Hindu religion and conversion to another faith. Proof of the conversion — baptism certificate, certificate from religious authority, or documentary evidence — is required.
SECTION 13(1)(iii) HMA
Continuous or intermittent unsoundness of mind of such a nature that the spouse cannot reasonably be expected to live with the other. Medical evidence and expert testimony are essential.
SECTION 13(1)(iii) HMA
Mental disorder of an incurable nature that makes married life impossible. Distinguished from unsoundness of mind — includes severe personality disorders, schizophrenia, and other clinically diagnosed conditions.
SECTION 13(1)(iv) HMA — Substantially Diluted
Virulent and incurable leprosy. However, the Personal Laws (Amendment) Act, 2019 removed leprosy as a ground for divorce under all personal laws. Practically, this ground is now largely unavailable.
SECTION 13(1)(v) HMA
Communicable venereal disease in a form dangerous to the spouse. Medical records are essential to establish both the diagnosis and its communicable nature.
SECTION 13(1)(vi) HMA
Entering any religious order — such as becoming a sannyasi. Requires proof of formal initiation into the order. Rarely invoked.
SECTION 13(2)(i) HMA
The husband had another wife living at the time of the marriage. Available only to the wife. Proof requires marriage certificate or documentary evidence of the first marriage.
SECTION 13(2)(ii) HMA
Husband convicted for rape, sodomy, or bestiality. Available only to the wife. Requires proof of the conviction.
FOR EITHER PARTY
Non-resumption of cohabitation for one year or more after a decree of judicial separation, or non-compliance with a decree of restitution of conjugal rights for one year or more.
The mutual consent divorce procedure is unique — it involves two court appearances, with a statutory cooling-off period between them. Understanding each stage removes anxiety and prevents surprises.
Under Section 13B(2) of the Hindu Marriage Act, a six-month cooling-off period must pass between the first and second motions in mutual consent divorce. But this period is not absolute. Since 2017, the Supreme Court has allowed courts to waive it in appropriate cases.
The cooling-off period exists to give both parties time to reconsider. It reflects the belief that a marriage is not a contract to be dissolved quickly, and that reconciliation should be attempted.
In practice, when the marriage has clearly broken down and all issues have been settled, the cooling-off period serves no purpose — it merely delays the inevitable and prolongs emotional strain for both parties.
In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held the cooling-off period is directory. Courts can waive it where:
Practical effect: When the waiver is allowed, mutual consent divorce at Saket Family Court can conclude in as little as 3–6 months from filing — instead of the standard 12–18 months. TaxLex India prepares the waiver application alongside the divorce petition, so it can be moved at the earliest appropriate stage.
Divorce filings move fastest when documents are ready. Bring whatever you have — incomplete sets are fine. We will tell you what is missing and where to obtain it.
Supreme Court decisions have shaped how Saket Family Court decides divorce matters — from cooling-off waivers to maintenance quantum to custody principles. These are the judgments we rely on in divorce practice.
The Supreme Court held that the six-month cooling-off period under Section 13B(2) HMA is directory, not mandatory. It can be waived where the marriage has irretrievably broken down and all disputes are settled. The foundation of every cooling-off waiver application at Saket Court.
Laid down uniform guidelines for maintenance — both parties must file affidavits of assets and liabilities; the court must consider incomes, assets, liabilities, standard of living, and children's needs. Every maintenance case at Saket follows this framework.
A Constitution Bench of the Supreme Court held that it can dissolve a marriage on the ground of irretrievable breakdown under Article 142 of the Constitution — even without the parties' consent — after considering factors like the length of separation. Landmark expansion of divorce jurisprudence.
One of the most cited judgments on mental cruelty — the Supreme Court laid down illustrative instances of conduct amounting to mental cruelty, including sustained abusive behaviour, false criminal complaints, and denial of conjugal relations.
Held that in custody disputes, the welfare of the child is paramount — not the legal rights of either parent. This principle governs every custody matter at Saket Family Court.
Supreme Court reiterated that desertion requires both physical separation and animus deserendi (intention to desert), and clarified that mere living separately, without an intention to abandon the marriage, does not constitute desertion.
Divorce involves complex legal terrain, and misconceptions often steer clients into expensive mistakes. Here are seven myths we routinely correct at Saket Family Court.
Reality: The cooling-off period is six months, but the total timeline from filing to decree is typically 12–18 months. With a waiver under Amardeep Singh, it can be 3–6 months.
Reality: There is no fixed formula. Courts follow Rajnesh v. Neha (2020) — considering income, assets, liabilities, standard of living, and both parties' earning capacities.
Reality: Mutual consent divorce requires both parties to jointly file and both to appear for both motions. If your spouse won't consent, you must file a contested divorce on a fault ground.
Reality: Under Section 15 HMA, you must wait 90 days (the appeal period) after the decree before remarrying, unless an appeal is filed and decided earlier. Remarriage within this window can be void.
Reality: The court decides custody based on the welfare of the child. Children below 5 are usually placed with the mother, but older children's wishes and parenting capacity matter.
Reality: Both parties must appear personally for both motions. Video conferencing is allowed only in exceptional cases with the court's permission.
Reality: A foreign divorce decree is enforceable in India only if it satisfies Section 13 CPC and Section 14 of the Civil Procedure Code — typically requires enforcement proceedings before the Delhi High Court.
Divorce is emotionally charged and legally intricate. Adv. Raj Kumar Karan handles every stage — consultation, settlement drafting, filing, first motion, cooling-off waiver, second motion, and decree — with a steady hand and absolute discretion.
NRI or out-of-town client? Brief us remotely — WhatsApp, email, or video call. We attend every hearing at Saket Family Court on your behalf. Personal appearance only for recording statements.
Divorce matters involving NRIs have unique complications — service of notice abroad, foreign marriage certificates, jurisdictional questions, and enforcement of foreign decrees. We handle these regularly for clients based in the US, UK, Canada, Australia, and the Gulf.
Share documents over WhatsApp, email, or video call. Sign the vakalatnama through the nearest Indian Embassy or a notarised affidavit — no India trip needed just to hire us.
We handle service of notice on a spouse abroad under Order V CPC, the Hague Service Convention procedures, and through the Ministry of External Affairs where required.
Where the court permits, statements can be recorded via video conferencing under Section 11 of the Family Courts Act — avoiding a trip to India for the first motion.
If the marriage took place abroad, the foreign marriage certificate can be used — but often requires apostille or consular attestation. We guide you through this.
If a divorce has already been decreed abroad, we advise on its enforceability in India and file enforcement or challenge proceedings where required.
Every hearing at Saket produces a same-day written update — order summary, next date, and next steps. You are never left guessing about your own divorce from abroad.
Divorce fees depend on whether the matter is mutual or contested, the number of interim applications, and the complexity of the settlement. Below are typical 2026 ranges. Court fee and out-of-pocket expenses are separate. TaxLex India confirms a fixed-fee quote in writing after the free consultation.
*Ranges are indicative and vary with complexity, number of hearings, and court fee. Not a quotation.
Core jurisdiction of Saket Family Court — mutual and contested divorce for South Delhi residents.
Divorce, maintenance, and custody matters for these localities argued at Saket Family Court.
Divorce, alimony, and custody disputes — argued personally at Saket Family Court.
Divorce matters, including NRI divorce with foreign elements and matrimonial appeals.
Share a brief summary of your matter. Everything is strictly confidential. Get an honest assessment and a fixed-fee quote at no cost, no obligation.
Divorce Lawyer at Saket Family Court
Share your case — we will respond with a clear next step.
Your divorce lawyer will use these terms during the matter. Understanding them makes it easier to follow the process and ask sharper questions.
Free, no-pressure case assessment. Speak directly with Adv. Raj Kumar Karan — the same lawyer who will argue your matter personally.