Hindu Marriage Act Section 13B: Mutual Consent Divorce
What you need to know
Section 13B of the Hindu Marriage Act, 1955 allows a Hindu married couple to obtain a divorce by mutual consent. Both spouses must have lived separately for at least one year and mutually agree that they cannot live together. The process involves filing a joint petition, followed by a mandatory cooling-off period of 6 months (which the Supreme Court has held can be waived in genuine cases), and then a second motion hearing. This is generally the fastest and least adversarial route to legally dissolve a Hindu marriage in India.
Your rights
Both spouses have equal right to file and proceed with a mutual consent divorce petition
Either party may withdraw consent before the second motion, but courts may scrutinise late withdrawals
The 6-month cooling-off period can be waived by the Family Court if waiting would cause undue hardship (Supreme Court: Amardeep Singh v. Harveen Kaur, 2017)
Settlement of alimony, child custody, and property can be negotiated and recorded as part of the consent terms
What you should do now
Action firstConfirm eligibility and prepare documents
- Confirm you have been separated for at least 1 year and both parties consent
- Gather: original marriage certificate, address proof of both parties, passport-size photos, proof of separation (separate rent agreements, affidavits, etc.)
Draft and file the joint petition (First Motion)
- Hire a family law advocate or use the Family Court's lok adalat/legal aid cell to draft the joint petition under Section 13B(1)
- File the petition at the Family Court having jurisdiction (where marriage was solemnised or either spouse resides)
- Pay the prescribed court fee and obtain a date for the First Motion hearing
Attend First Motion hearing and observe cooling-off period
- Both spouses must appear in person; the court records statements and admits the petition
- The 6-month cooling-off period begins; if both wish to waive it, file a waiver application citing Amardeep Singh (2017) precedent
File Second Motion and obtain decree
- Within 6–18 months of First Motion, file the Second Motion (Section 13B(2)) confirming both parties still consent
- Both appear again; court passes the divorce decree — obtain certified copies for record update (Aadhaar, passport, property, etc.)
Acts applicable
Hindu Marriage Act, 1955
centralSection 13B — Divorce by mutual consent
Family Courts Act, 1984
centralSection 7 — Jurisdiction of Family Courts
Code of Civil Procedure, 1908
centralOrder XXXII-A — Family proceedings procedure