NK AssociatesAdv. Narinder Kumar
FAMILY · Legal Guide

Mutual Consent Divorce under Section 13B Hindu Marriage Act: Process and Time

By Advocate Narinder Kumar, NK Associates · Updated October 2026

When husband and wife both agree that the marriage cannot continue, they can file for divorce by mutual consent. It is usually the quickest and least expensive way to end a marriage.

Who can file?

Under Section 13B of the Hindu Marriage Act, 1955, both spouses file a joint petition stating that they have been living separately for one year or more, that they have not been able to live together, and that they have mutually agreed the marriage should be dissolved. Similar provisions exist under the Special Marriage Act and other personal laws.

The process

First motionThe joint petition is filed in the Family Court. Both spouses appear and their statements are recorded.
Waiting periodThe law provides a gap of 6 months before the second motion, and the second motion must be moved within 18 months of the petition.
Second motionBoth spouses appear again and confirm that consent continues. The court then passes the divorce decree.

The Supreme Court has held that the 6-month period is not mandatory and can be waived in suitable cases, for example where the parties have been living apart for long and have settled all issues (Amardeep Singh v. Harveen Kaur, 2017).

Where to file?

In the Family Court where the marriage took place, where the spouses last lived together, where the respondent lives, or where the wife lives.

What should the settlement cover?

Documents usually needed

This guide gives general legal information under Indian law as of October 2026. It is not legal advice. Laws, rules and fees change, and every case depends on its own facts, so take advice from an advocate before acting.