What is the procedure for mutual consent divorce under Section 13B?

Question

My spouse and I have agreed to separate amicably and want to file for mutual consent divorce. What is the procedure and how long will it take? What I am unsure about is the procedure — where the application goes, what it costs, and how long mutual consent divorce matters usually take. A plain explanation of the steps, in order, would help more than a general answer.

MyVakeel Legal Desk · Accepted Answer

The law that applies to mutual consent divorce here is Hindu Marriage Act 1955, Section 13B, Hindu Marriage Act 1955, Section 13B(2) and Code of Civil Procedure 1908, Section 151. The detail below matters, because Hindu Marriage Act 1955, Section 13B draws the line differently depending on what your documents show.

Section 13B(1) allows spouses to jointly file a petition for divorce by mutual consent if they have been living separately for one year or more and agree that the marriage has broken down irretrievably.

Section 13B(2) requires a first motion followed by a mandatory gap before the second motion, during which the parties can withdraw consent if they change their mind.

The petition must contain a settlement covering maintenance, alimony, custody of children if any, and return of stridhan or gifted property to avoid future disputes.

Courts insist on genuine, free consent and verify that it was not obtained by fraud, coercion or undue influence before passing the decree.

The entire process including both motions typically takes six to eighteen months depending on the court's calendar and whether the six-month cooling period is waived.

Practical steps: 1) Draft a joint settlement covering alimony, custody and property before filing; 2) File the first motion petition jointly signed by both spouses with supporting affidavits; 3) Move an application for waiver of the statutory period if eligible; 4) Appear for the second motion and record statements to obtain the final decree.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — remedies under Hindu Marriage Act 1955, Section 13B carry limitation periods, and unexplained delay weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in family law.