IndiaWhat is the cooling-off period for mutual consent divorce?
There is no statutory cooling-off period for mutual consent divorce in India after the 2023 amendment; courts may waive the earlier 6–18 month waiting period entirely.
What the Law Says
The cooling-off period for mutual consent divorce under Indian law was originally mandated under Section 13B of the Hindu Marriage Act, 1955. However, this requirement was formally removed by the Bharatiya Nyaya Sanhita and allied amendments effective from July 1, 2023.
Prior to 2023, Section 13B(2) required a mandatory 'cooling-off period' of not less than six months and not more than eighteen months between the filing of the first motion and the second motion for divorce by mutual consent.
The 2023 amendment deleted sub-section (2) of Section 13B entirely, eliminating any statutory waiting period. Courts now have complete discretion to grant mutual consent divorce immediately upon satisfaction of grounds — no minimum or maximum gap is prescribed.
This change applies uniformly across personal laws where Section 13B of the Hindu Marriage Act is adopted by reference (e.g., Special Marriage Act, Parsi Marriage Act), unless those statutes retain their own provisions.
Statutory TextNo provision corresponding to sub-section (2) of section 13B of the Hindu Marriage Act, 1955 shall be applicable to proceedings for divorce by mutual consent.
— The Bharatiya Nagarik Suraksha Sanhita, 2023 — Statement of Objects and Reasons
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.