Mutual Consent Divorce under Section 13B Hindu Marriage Act: Process and Time
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
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?
- Permanent alimony or maintenance (often a one-time amount).
- Return of stridhan and jewellery.
- Custody of children and visiting rights.
- Withdrawal of other pending cases between the parties.
Documents usually needed
- Marriage certificate or wedding photographs and invitation card.
- Address and identity proof of both spouses.
- Details of income and assets, and the written settlement terms.