Hindu Marriage Act 1955 Section 13b: Divorce by Mutual Consent (2026)

Explainer · Family Law · Hindu Marriage Act

Updated for 2026 · Claw Editorial

Section 13B of the Hindu Marriage Act, 1955 is the route to divorce by mutual consent. When a husband and wife both agree the marriage is over, they can file a joint petition and end it without blaming each other. There are two stages, called the first and second motions, and a waiting period between them that was meant to give the couple time to reconsider. The big change in recent years is that the Supreme Court has held this waiting period is not always compulsory, and courts can waive it where the marriage has clearly broken down. This explainer sets out what Section 13B says, how the two motions work, the waiting period and when it is waived, key case law, and a practical note. Last verified October 2026.

01What Section 13B says

Section 13B lets both spouses present a joint petition to the district court for dissolution of the marriage by mutual consent. The petition is made together, on the ground that they have been living separately, cannot live together, and have agreed that the marriage should be dissolved. It applies whether the marriage was solemnised before or after the 1976 amendment that brought in this section.

This is different from a contested divorce, where one spouse must prove a ground such as cruelty or desertion against the other. For that route, see contested divorce procedure in India.

02The three conditions

Under Section 13B(1), the joint petition must state three things:

• that the couple 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.

Living separately does not always mean living in different houses. Courts have accepted that a couple can live separately even under one roof, if they are not living as husband and wife. The consent must be free and must continue up to the time the decree is passed.

03The two motions

A mutual consent divorce moves in two steps, called motions.

Between the two motions, either spouse can withdraw consent. If consent is withdrawn before the decree, the court cannot grant the mutual consent divorce, because the consent must be alive at the second motion. For the full practical process, see the mutual divorce procedure in India.

04The waiting period and its waiver

Section 13B(2) says the second motion should be made not earlier than six months and not later than eighteen months after the first motion. The six-month gap was meant as a cooling-off period, to let an angry couple reconsider.

In Amardeep Singh v Harveen Kaur (2017), the Supreme Court held that this six-month period is directory, not mandatory, and a court can waive it where the marriage has irretrievably broken down, the parties have genuinely settled their disputes including maintenance and custody, and the waiting period would only prolong their agony.

Separately, the Supreme Court in Shilpa Sailesh (2023) confirmed it can dissolve a marriage directly under Article 142 of the Constitution on the ground of irretrievable breakdown, which family courts themselves cannot do.

05Key case law

Three themes run through the Section 13B case law.

• Waiver of the cooling-off period: Amardeep Singh v Harveen Kaur (2017) held the six-month period under Section 13B(2) is directory and can be waived in a fit case.
• Consent must continue: Courts have held that consent must subsist until the decree, so a spouse can withdraw before the second motion and defeat the petition.
• Article 142 power: Shilpa Sailesh (2023) confirmed the Supreme Court can dissolve a marriage for irretrievable breakdown under Article 142, even waiving the Section 13B procedure.

Pull the current rulings on the specific point before you rely on them, as family courts apply them to the facts.

06A practical note

Settle everything before you file. A mutual consent divorce goes smoothly when maintenance, the return of belongings and jewellery, and custody of children are agreed in writing first, because unresolved issues are the main reason a spouse withdraws consent at the second motion.

If you want to skip the six-month wait, be ready to show the court that the marriage has broken down, that you have lived apart long enough, and that all disputes are settled, so the court can waive the period. Maintenance can be dealt with within the proceedings; see maintenance for a wife and children in India.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Whether a family court will waive the six-month period, and how courts have treated withdrawal of consent, settlements, and irretrievable breakdown, are questions decided in many judgments. Claw lets you search more than 30 crore judgments on Section 13B and mutual consent divorce, with results in under 5 seconds, so you can line up the authorities for your facts. You can also track a live matrimonial matter, with its orders and hearings, by party or advocate name across 9,102 courts, benches and forums, with reported authority from Supreme Court rulings of 1950 and High Court rulings of 1990. Claw does not use your case documents to train its AI models.

Create a free Claw account to find Section 13B decisions on point and to follow a divorce matter, and use case search across Indian courts to search the wider body of family law.

08Sources and further reading

• India Code (Hindu Marriage Act, 1955, bare text): indiacode.nic.in
• Supreme Court of India (judgments): main.sci.gov.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from an advocate before you act.

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