A plain-language guide to mutual consent divorce under Section 13B of the Hindu Marriage Act, from petition to decree.
Mutual consent divorce allows a couple to end their marriage by agreement, without either spouse having to prove fault. For marriages governed by the Hindu Marriage Act, 1955, it is provided for in Section 13B. Similar provisions exist under the Special Marriage Act, 1954.
Who can file
Both spouses file a joint petition before the Family Court. The law requires that they have:
- Lived separately for at least one year before filing
- Been unable to live together
- Mutually agreed that the marriage should be dissolved
The two motions
The first motion is the joint petition, with statements recorded before the court. The law then provides a period of six months before the second motion, so the parties can reconsider. The Supreme Court has held that this period may be waived in appropriate cases.
Settling the terms
Before filing, the spouses usually agree on alimony or a one-time settlement, the return of jewellery and belongings, and custody and visitation for any children. A clear written settlement makes the process smoother.
What to keep ready
- Marriage certificate or proof of marriage
- Address and identity proof of both spouses
- Evidence of separate residence
- Details of the agreed settlement
This article is general information, not legal advice. Every matter depends on its facts.