Section 13B of the Hindu Marriage Act, 1955 provides a legal mechanism for divorce by mutual consent — meaning both husband and wife agree that their marriage has broken down beyond repair and mutually decide to dissolve it peacefully.

Mutual Consent Divorce:

A mutual consent divorce is a legal process in which both spouses voluntarily agree to dissolve their marriage without blaming or contesting each other, based on the understanding that they can no longer live together and have mutually decided to separate. It is recognized under various personal laws in India, including the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. The couple must have lived separately for at least one year and file a joint petition before a family court, agreeing on matters such as alimony, child custody, and property division. After a mandatory cooling-off period of six months, which may be waived under specific conditions, the court may grant a decree of divorce.

⚖️Section 13B (Simplified Explanation)

Section 13B has two sub-sections:

1️⃣ Section 13B(1): Joint Petition for Divorce

It allows both parties to file a joint petition before the District Court stating:

They have been living separately for at least one year.

They have not been able to live together.

If they mutually agree that the marriage should be dissolved.

If these conditions are met, the couple can file for a mutual consent divorce.

2️⃣ Section 13B(2): Cooling-off Period

After filing the first motion (the joint petition), the court grants a six-month cooling-off period — during which:

The couple is expected to reconsider their decision.

They can attempt reconciliation if they wish.

After six months (and within 18 months), if both still agree to divorce, they file a second motion confirming mutual consent.

The court then, after satisfaction that all conditions are met, grants a decree of divorce.

🧩 Example

Let’s say:

A and B got married in 2015.

Due to continuous misunderstandings, they separated in January 2024 and have been living apart since then.

By March 2025, both agree that reconciliation is not possible.

They filed a joint petition for mutual consent divorce under Section 13B(1) in the Family Court.

The court records their statements and fixes a date six months later.

After the cooling-off period (say, in September 2025), both appear again and confirm their decision under Section 13B(2).
The court, being satisfied that consent is genuine, passes a decree of divorce by mutual consent.

⚖️ Judgment

Case: Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746

The Supreme Court ruled that the six-month cooling-off period is not mandatory and can be waived if:

Conclusion: Section 13B provides a peaceful, respectful, and time-efficient way to end a marriage when both partners agree that continuing it is not possible.

❓ FAQs on Section 13B – Divorce by Mutual Consent:

Q1: Can the 6-month cooling-off period be waived?

Yes. The Supreme Court has clarified that the 6-month period is not mandatory and can be waived if reconciliation is not possible and both parties have settled all disputes.

Q2: Can one spouse withdraw consent after filing under Section 13B?

Yes. Either spouse can withdraw consent any time before the court grants the final decree. If one withdraws, the court cannot grant divorce under mutual consent.

Q3: How long does a mutual consent divorce take in India?

Normally, it takes 6 to 18 months, depending on whether the court waives the cooling-off period and the local court’s schedule.

Q4: Is physical separation necessary for one year?

Yes. The parties must have been living separately for at least one year.

Q5: Can a mutual consent divorce be filed online?

Some courts allow e-filing of petitions or preliminary consultation online, but a personal appearance of both parties is mandatory before the judge for recording statements.

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Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, you can consult a legal expert.