Where both spouses agree to end a marriage, the law generally provides a simpler route than a contested case — a petition for divorce by mutual consent.
Key facts
- Law
- Section 13B, Hindu Marriage Act, 1955 (or the Special Marriage Act, where it applies)
- Separation
- At least one year living separately
- Court
- Family Court, on a joint petition with settled terms
- Two motions
- Six months apart; the court can waive the gap in suitable cases
- Settle first
- Maintenance, child custody and visits, property and stridhan
What the law requires
A petition may be filed under Section 13B of the Hindu Marriage Act, 1955, or the corresponding provision of the Special Marriage Act, 1954 where that Act applies. The provision ordinarily contemplates a period of living separately before the petition is filed, and a further interval between the first and second motions before the court, though courts have discretion to move faster in appropriate cases.
Broad steps
- A joint petition is filed, along with a settlement of terms — maintenance, custody of children if any, and division of assets
- The first motion is recorded before the court
- After the statutory interval, the second motion is recorded and the decree is passed, if the parties still consent
What is often settled alongside
Maintenance, custody arrangements, and the return of stridhan are commonly agreed and recorded as part of the same settlement, so that the divorce resolves the marriage comprehensively rather than leaving related questions open.
Frequently asked questions: mutual consent divorce
What are the conditions under Section 13B of the Hindu Marriage Act, 1955?
The spouses have lived separately for at least one year, have not been able to live together, and have mutually agreed that the marriage should be dissolved.
What is the process?
- A joint petition is filed in the Family Court with the documents.
- Statements are recorded and the first motion is passed.
- After the statutory interval, the parties appear for the second motion and the court passes the decree if it is satisfied.
Is the six-month waiting period compulsory?
The Act provides for a six-month interval, which the Supreme Court has held is not mandatory in every case and can be waived by the court in appropriate circumstances.
What do the parties settle?
Maintenance or its waiver, custody and visiting arrangements for children, and the division of property and stridhan, recorded in the consent terms.
See also: A wife’s rights in divorce in Mumbai.
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This page describes general procedure and does not constitute legal advice. What applies to a particular matter depends on its own facts.