In the landmark case Shakti Vahini v. Union of India (2018) 7 SCC 192, the Hon’ble Supreme Court of India issued preventive, remedial, and punitive measures to combat honour killings and protect the fundamental right of adults to choose their life partners.
The Court unequivocally held that khap panchayats or family members cannot interfere in the marriage of two consenting adults, regardless of their caste, religion, or community background.
💡 Why This Judgment Matters
This judgment reinforces the constitutional guarantees of liberty, privacy, and dignity under Articles 19 and 21 of the Constitution. It ensures that every adult citizen has the right to marry a person of their choice — without fear, pressure, or violence.
At Delhi Law Firm®, we regularly rely on this ruling in court marriage protection petitions for inter-faith and inter-caste couples, safeguarding their rights and ensuring their safety.
🔖 Key Legal Takeaways
✅ Upholds the right to marry freely as part of personal liberty ✅ Empowers police and district administrations to prevent honour crimes ✅ Mandates protection for couples facing family or community threats
🕊 Delhi Law Firm® — Protecting Love, Upholding Law
Delhi Law Firm® is a trusted all-India legal team handling court marriage, marriage registration, inter-faith marriage, and protection petitions. Our experienced advocates provide confidential legal advice, swift documentation, and nationwide assistance for couples exercising their legal right to marry.
📞 Helpline: 9990649999 | 9999889091 🌐 Website:www.delhilawfirm.in 📍 Delhi Law Firm® — All India Legal Services for Marriage, Registration & Protection
Pan-India support: Guidance and coordination in major cities across India.
End-to-end assistance: Document vetting, drafting, scheduling, filings, and court appearances.
Clear timelines & checklists: No confusion—step-by-step guidance.
Client-first approach: Transparent communication, professional handling.
Note: We provide legal assistance and coordination. Final decisions rest with the competent Authority/Court as per law.
Court Marriage (Special Marriage Act, 1954)
Who can apply: Inter-faith/inter-caste couples or same-faith couples preferring registration under SMA. Basic conditions: Age—Bride 18+ | Groom 21+; free consent; not within prohibited relationship; valid IDs/Proofs.
Documents (Indicative)
Proof of age: Aadhaar/PAN/Passport/10th Certificate
Address proof (any one): Aadhaar/Passport/Voter ID/Utility bill
Passport-size photos of both parties (4–6 each)
Marital status affidavit (single/divorced/widow/er with decree/certificate)
For foreign nationals (if any): Passport, valid visa, NOC/Marital Status Certificate from Embassy, and proof of stay
Two–three witnesses with ID & address proofs
Process (Typical SMA flow)
Document review & drafting of notices/affidavits
Notice of intended marriage at the Marriage Officer (30-day notice period applies)
Objection window (if any objections, they are decided as per law)
Solemnization & Certificate before Marriage Officer with witnesses
Timeline: Generally 30–45 days (subject to local authority schedules and objections, if any).
Marriage Registration (Post-marriage Certificate)
Who should do this: Couples married as per personal law/rituals seeking a legal certificate for records/visas/banking etc.
Documents (Indicative)
Marriage proof: Photographs of ceremony/Invitation card/Priest certificate (as applicable)
IDs & address proofs of both spouses
Age proofs of both spouses
Joint photograph(s) of the couple
Witness IDs (2–3 persons)
For inter-state addresses: proof of residence as per jurisdiction rules
Process
Document check & online/offline appointment
Application filing with affidavits as required
Appearance before Registrar with witnesses
Issuance of Marriage Certificate
Timeline: Often 1–7 working days post-appointment (varies by jurisdiction and slot availability).
Mutual Consent Divorce (Hindu Marriage Act, 1955 / Special Marriage Act, 1954)
When appropriate: Both spouses agree on separation and key terms (alimony, child custody/visitation, property, etc.).
Q1. Is court marriage possible for inter-faith couples? Yes. The Special Marriage Act, 1954 enables solemnization/registration irrespective of religion, subject to statutory conditions and notice period.
Q2. Do I need local address proof in the city where I apply? Usually yes—jurisdiction and residence rules vary by state/authority. We’ll guide you on acceptable proofs or alternatives.
Q3. How many witnesses are required? Generally 2–3 adult witnesses with valid ID/address proof. Requirements can vary by office.
Q4. Can the 30-day notice be avoided in Court Marriage? SMA typically requires notice. Limited exceptions or judicial relief depend on facts/law; we’ll advise case-specifically.
Q5. How long does Mutual Consent Divorce take? Statutorily ~6 months between motions; in appropriate cases courts may consider waiving the cooling-off period—at the court’s discretion.
Q6. Are fees refundable? Professional fees and government fees are governed by the engagement terms and authority rules; we’ll clarify before you proceed.
Call to Action
Talk to a legal expert today 📞 9990649999, 9999889091 | 🌐 www.courtmarriage.in Delhi Law Firm® — All India Legal Services
Disclaimer: This post provides general information and is not legal advice. Timelines, documents, and procedures vary by jurisdiction and facts of each case.
A Mutual Consent Divorce is the simplest and most peaceful way to dissolve a marriage when both husband and wife mutually agree to separate. It is governed by:
Section 13B of the Hindu Marriage Act, 1955 (for Hindus, Sikhs, Jains, Buddhists)
Section 28 of the Special Marriage Act, 1954 (for inter-religious or civil marriages)
The key idea is mutual agreement, not fault. There is no allegation, no contest, just a legal acknowledgment of separation.
📜 Conditions for Mutual Consent Divorce
Husband and wife must live separately for at least one year before filing.
Both must agree that the marriage has irretrievably broken down.
All major issues — alimony, child custody, property, and maintenance — should be settled mutually.
🧾 Documents Required
Marriage Certificate / Marriage Proof
Passport-size Photos (Both Parties)
Address Proof (Aadhaar, Voter ID, Passport, etc.)
Identity Proof (PAN, DL, etc.)
Joint Petition for Divorce (drafted by lawyer)
Settlement Agreement (signed by both parties)
Proof of Living Separately (optional but helpful)
For NRIs or foreign nationals, additional requirements may include passport, visa copy, and an affidavit of appearance through power of attorney.
🏛️ Step-by-Step Process
1️⃣ Consultation & Settlement
Our experts help both parties outline terms—alimony, custody, maintenance, etc.—and prepare a settlement agreement.
2️⃣ First Motion Filing
A joint petition is filed before the Family Court under Section 13B(1). Both spouses appear before the Judge and record their statements.
3️⃣ Cooling-Off Period
A 6-month waiting period is generally observed for reconciliation. Courts may waive this period based on facts, following Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746.
4️⃣ Second Motion & Decree
After the waiting period (or waiver), both parties reaffirm consent under Section 13B(2). The Court grants a Decree of Divorce, finalizing the separation.
Typical duration: 6–12 months (may vary if waiver is granted).
⚖️ Relevant Case Laws
Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746 – 6-month period under Section 13B(2) is directory, not mandatory.
Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511 – Defined “mental cruelty” and irretrievable breakdown principles.
Sureshta Devi v. Om Prakash, (1991) 2 SCC 25 – Explained the requirement of continuous mutual consent.
💬 Advantages of Mutual Consent Divorce
✅ Peaceful & non-adversarial process ✅ Time-saving & cost-effective ✅ No need for multiple hearings or long trials ✅ Privacy & dignity maintained ✅ Legally valid across India and abroad
📍 All-India Legal Assistance
We assist in filing and representation before Family Courts across India, including: Delhi • Gurugram • Noida • Jaipur • Mumbai • Pune • Hyderabad • Chennai • Kolkata • Bengaluru • Lucknow • Ahmedabad • Chandigarh • Patna • Indore • Bhopal • and more.
💰 Professional Fee & Process Support
Transparent legal fee (based on city & complexity)
Q1. Can we file for mutual divorce online? Yes, initial consultations and drafting can be done online. However, both parties must personally appear before the court for statements.
Q2. Is the 6-month period compulsory? No. Courts can waive it based on circumstances (as per Amardeep Singh v. Harveen Kaur).
Q3. What if one party withdraws consent? The divorce cannot be granted; both must maintain consent till the Second Motion.
Q4. Can custody or alimony terms be changed later? Only through a new agreement or by court order if circumstances change significantly.
Q5. Is the decree valid abroad? Yes, if obtained in compliance with Indian law and procedure, recognized under Section 13 CPC.
💼 Contact Us
Delhi Law Firm® – All India Legal Services 📞 9990649999, 9999889091 🌐 www.courtmarriage.in
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Procedures and timelines vary by jurisdiction and facts of each case.
