What is mutual consent divorce?
Section 13B of the Hindu Marriage Act, 1955 allows a husband and wife to end their marriage by mutual consent, without either spouse having to prove fault. It is generally quicker, less expensive and less adversarial than a contested divorce.
Conditions
A joint petition can be filed if:
- the spouses have been living separately for a period of one year or more;
- they have not been able to live together; and
- they have mutually agreed that the marriage should be dissolved.
"Living separately" does not necessarily mean living in different houses; it means not living together as husband and wife. Consent must be free and must continue until the decree is passed.
The process
- Settlement: the spouses agree on terms such as maintenance or alimony, custody of children, return of belongings and withdrawal of other cases.
- First motion: a joint petition is filed before the Family Court, and both spouses appear to record their statements.
- Cooling-off period: the Act provides for a period of six months after the first motion.
- Second motion: after the cooling-off period, and not later than eighteen months from the first motion, both spouses appear again to confirm their consent.
- Decree: if satisfied, the court passes a decree of divorce.
The cooling-off period
The six-month period is intended to give the parties time to reconsider. The Supreme Court has held that this period is not mandatory and that the court may waive it in appropriate cases, for example where the parties have already been separated for a long time, all issues have been settled, and there is no possibility of reconciliation. An application for waiver is considered on its facts.
What the settlement should cover
- permanent alimony or maintenance, and how and when it will be paid;
- custody of and access to children, and contribution to their expenses;
- return of jewellery, gifts and personal belongings (stridhan);
- division of jointly owned property, joint accounts and loans; and
- withdrawal or quashing of any other pending proceedings between the parties.
A clear, carefully drafted settlement reduces the chance of disputes later.
Other laws
Mutual consent divorce is also available under other laws, including Section 28 of the Special Marriage Act, 1954, which applies to marriages registered under that Act. The applicable law depends on the parties' religion and how the marriage was solemnised.
This explainer is general information as of November 2026 and is not legal advice. It does not create an advocate-client relationship. Please seek advice on the specific facts of your matter.