A significant share of mutual consent divorce petitions in Delhi now involve at least one spouse working or settled abroad. The two-motion procedure under Section 13B of the Hindu Marriage Act, 1955 assumes that parties will appear before the Family Court twice, months apart — an assumption that sits awkwardly with jobs, visas and travel costs across continents. In practice, the courts have developed workable accommodations: appearance through video conferencing where the court permits it, representation through a duly authorised attorney for procedural steps, and exemption applications for personal appearance. This article maps the process an NRI couple can realistically expect.
The two-motion framework
Section 13B requires the parties to present a joint petition stating that they have lived separately for a year or more, have not been able to live together, and have mutually agreed to dissolve the marriage. After the first motion, the statute interposes a waiting period of six months (extendable to eighteen) before the second motion, at which the court, after hearing the parties and making such inquiry as it thinks fit, passes the decree. The court must satisfy itself at both stages that consent is free and continuing — which is precisely why the physical location of the parties matters procedurally.
Options for parties abroad, stage by stage
| Stage | What the statute requires | Accommodation available to an NRI party |
|---|---|---|
| Drafting & filing | Joint petition, affidavits, marriage proof | Documents executed abroad, attested before the Indian Embassy/Consulate or apostilled; filing through counsel with a power of attorney |
| First motion | Statements of both parties recorded | Application for appearance through video conferencing, or a scheduled visit; identity verified through passport |
| Cooling-off | Six to eighteen months\' interregnum | Waiver application where separation is long and settlement complete; mediation, where directed, can often be attended online |
| Second motion | Statements reaffirming consent; decree | Video-conference appearance where permitted; exemption from personal appearance sought by application |
Video conferencing in matrimonial matters is a matter of the court\'s permission, not of right, and the position of both parties matters: courts are most comfortable when both spouses consent to the mode and the settlement terms are already implemented or secured. Build the request into the petition itself, supported by proof of residence abroad and employment constraints.
The settlement that travels with the decree
Most NRI mutual consent divorces ride on a comprehensive settlement: permanent alimony or a waiver of it, return of stridhan, custody and visitation for children (often international, with holiday travel terms), and withdrawal of pending cases. Three drafting points deserve care.
Common pitfalls
Petitions falter for predictable reasons: affidavits sworn abroad without consular attestation or apostille; a power of attorney too narrow to cover the steps actually taken; assuming video appearance will be allowed without seeking permission; and letting the second motion drift past the eighteen-month outer limit, which requires the petition process to be restarted. Where one spouse\'s consent becomes doubtful mid-way, remember that consent under Section 13B must subsist until the decree — a party may withdraw consent before the second motion, and the remedy then lies in contested proceedings, not in pressing the joint petition.
Handled with foresight, however, the mutual consent route remains the fastest and most dignified end to a marriage for parties separated by geography — typically concluded within two to four hearings, without either spouse abandoning work or immigration commitments abroad.
Frequently Asked Questions
Can a mutual consent divorce be completed without travelling to India at all?
It depends on the Family Court's directions. Courts routinely permit appearance through video conferencing for one or both motions, particularly where identity is verifiable and consent is free; some courts require at least one personal appearance or an attested power of attorney executed before Indian consular authorities. The safe course is to seek permission by application at the outset rather than assume it.
What is the role of a power of attorney holder in a 13B petition?
A power of attorney holder — commonly a parent or sibling — can sign and file pleadings, take procedural steps and receive orders. Because consent is personal to the spouse, courts still require the party's own statement, which is why the attorney route is combined with video-conference statements rather than substituting for them. A consular-attested or apostilled power of attorney should be used for documents executed abroad.
Does the six-month cooling-off period apply to NRI couples?
The waiting period between the first and second motions applies to all couples, but it can be waived by the court in appropriate cases where the separation has been long, mediation has failed and there is no prospect of reunion — considerations that frequently exist in NRI matters where the parties have lived apart in different countries for years.
Which court has jurisdiction if the couple married in Delhi but lives abroad?
Under Section 19 of the Hindu Marriage Act, the petition may be presented, among other places, where the marriage was solemnised or where the parties last resided together. For couples who married in Delhi or last lived together in Delhi, the Delhi family courts retain jurisdiction even if both spouses now reside overseas.