IndiaWhat is the process for mutual consent divorce?
Mutual consent divorce in India is filed jointly by both spouses under Section 13B of the Hindu Marriage Act, 1955, requiring separation for at least one year and agreement on issues like alimony and child custody.
What the Law Says
Mutual consent divorce is governed exclusively by Section 13B of the Hindu Marriage Act, 1955 (applicable to Hindus, Sikhs, Jains, and Buddhists). Special Marriage Act, 1954 also provides a similar provision under Section 13C. The law sets strict conditions for granting divorce by mutual consent.
To file for mutual consent divorce, both spouses must have been living separately for at least one year before filing the petition. 'Living separately' means not cohabiting as husband and wife — it does not require physical distance or hostility.
The couple must also be unable to live together and must mutually agree that the marriage should be dissolved. They must reach consensus on all consequential matters — including maintenance (alimony), custody of children, and division of property.
After filing the first motion, the court waits a minimum of six months (but not more than 18 months) before hearing the second motion. During this time, either party may withdraw consent. If consent remains intact, the court grants the divorce decree.
Statutory Text13B. Divorce by mutual consent.—(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
— Hindu Marriage Act, 1955, s. 13B(1) — Divorce by mutual consent
Statutory Text(2) On the motion of both the parties made not earlier than one year after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnised and that the averments in the petition are true, pass a decree of divorce.
— Hindu Marriage Act, 1955, s. 13B(2) — Second motion and decree
What Courts Have Said
Indian courts have clarified key aspects of mutual consent divorce — especially regarding withdrawal of consent, bona fides of agreement, and interpretation of 'living separately'.
The Supreme Court held that mutual consent must continue till the decree is passed; either spouse may unilaterally withdraw consent before the decree, even after filing the petition.
The Court emphasized that mutual consent must be free, voluntary, and not obtained by fraud, coercion, or undue influence — and that courts must ensure genuine settlement of all issues.
What to Do
Both spouses jointly file a petition in the family court/district court where either resides or last resided together.
Appear for the first motion hearing — court records consent and may suggest reconciliation.
Wait at least six months (but no more than 18 months), then file a joint motion for the second hearing.
Appear together for the second motion; court verifies continued consent and settles any unresolved issues.
Court passes the divorce decree if satisfied — marriage stands dissolved from the date of decree.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.