Divorce by mutual consent is usually the quickest and least stressful way to end a marriage when both spouses agree it has broken down. For Hindus, Buddhists, Jains and Sikhs, it is governed by Section 13B of the Hindu Marriage Act, 1955.
Who can file
A joint petition can be filed when:
- the husband and wife have been living separately for at least one year before filing;
- they have not been able to live together; and
- they have mutually agreed that the marriage should be dissolved.
"Living separately" does not necessarily mean living in different houses — it means not living together as husband and wife.
Step-by-step process
- Settlement: the spouses agree on alimony, return of articles, child custody and other terms.
- First motion: a joint petition is filed before the Family Court and both spouses record their statements.
- Waiting period: the law provides a period of six months after the first motion, meant as time for reflection.
- Second motion: both spouses appear again and confirm their consent. This must be moved within 18 months of the first motion.
- Decree: if satisfied, the court passes a decree of divorce.
Use our divorce timeline tool to see the indicative dates for your case.
Can the six-month period be waived?
Yes, in suitable cases. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month period is not mandatory and the Family Court may waive it — for instance where the spouses have already been separated for a long time, all disputes are settled, and there is no chance of reconciliation.
In Shilpa Sailesh v. Varun Sreenivasan (2023), the Supreme Court also held that it may dissolve a marriage on the ground of irretrievable breakdown using its powers under Article 142 of the Constitution.
Settling the terms
A clear written settlement avoids disputes later. It usually covers:
- permanent alimony (lump sum or instalments) and its timing;
- custody of children, visitation and child support;
- return of jewellery and other articles;
- withdrawal of pending cases (maintenance, domestic violence, criminal complaints).
Which Family Court?
The petition can be filed in the Family Court within whose jurisdiction the marriage was solemnised, the spouses last lived together, or the respondent resides (and in certain cases, where the wife resides).
Documents checklist
- Marriage certificate and wedding photographs
- Address and identity proof of both spouses
- Proof of separate residence for one year (if available)
- Income tax returns or salary details
- Details of assets, and of children, if any
- The signed settlement terms
Other personal laws
Mutual consent divorce is also available under Section 28 of the Special Marriage Act, 1954 (for civil or inter-faith marriages) and Section 10A of the Divorce Act, 1869 (for Christians, which requires two years of separation). Muslim law recognises dissolution by mutual agreement (mubarat) and at the wife's instance (khula).
Disclaimer: This article is general information about Indian law and is not legal advice. Laws, rules and court rulings change, and your situation may differ. Please consult an advocate before acting.
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