Mutual consent divorce
Added Last checked against India Code
A divorce both spouses ask for together after living apart for at least a year. Under Section 13B of the Hindu Marriage Act, the second motion comes six to eighteen months after filing.
- Living apart
- 1 year or more
- Second motion
- 6 to 18 months after filing
- 6-month wait
- Can be waived (Amardeep Singh, 2017)
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What it means
In a mutual consent divorce, husband and wife file one joint petition saying that they have lived separately for one year or more, that they have not been able to live together, and that they have agreed the marriage should be dissolved.
After the first motion, there is a waiting period. Both parties then make a second motion not earlier than six months and not later than eighteen months after the petition was presented. If neither withdraws consent, the court passes the decree after any inquiry it thinks fit.
The couple usually settle alimony, custody, the return of belongings and the withdrawal of other cases in a written agreement placed before the court.
The law
| Current provision | Replaced |
|---|---|
| Section 13B, Hindu Marriage Act, 1955Divorce by mutual consent | Still in force; not renumbered |
| Section 14, Hindu Marriage Act, 1955No petition for divorce to be presented within one year of marriage | Still in force; not renumbered |
When it matters
- Both spouses have decided to separate and can agree on terms.
- You want a faster and less adversarial route than a contested divorce.
- A contested case and related criminal cases can be settled together.
Example
A couple married in 2021 separated in early 2024. In March 2025 they file a joint petition in the family court along with a settlement on alimony and their daughter's custody. In October 2025, more than six months later, they appear for the second motion and the court grants the decree.
Watch out for
- The six-month wait can be waived. In Amardeep Singh v. Harveen Kaur (2017) the Supreme Court held it is not mandatory, and a family court may waive it if the conditions it set are met, such as all disputes being settled.
- Either spouse can withdraw consent before the decree. A settlement that is not clearly written down is the most common reason these cases fall apart.
- Section 13B applies to Hindu, Sikh, Jain and Buddhist marriages. Marriages under the Special Marriage Act have a similar provision in Section 28 of that Act.
Planning to file?
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Received a family court notice?
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Last checked against the official text on India Code on 6 Nov 2026. This is general information on Indian law, not legal advice for your situation. Laws and court rulings change; a lawyer can tell you how they apply to your facts.