Last updated: 18 October 2026
Short answer: Under section 13B of the Hindu Marriage Act, 1955, husband and wife file a joint petition (the first motion) in the Family Court or district court, stating that they have lived separately for one year or more, cannot live together and have agreed to end the marriage. After a waiting period of six months, both make the second motion, which must come within 18 months of filing. The court then passes the decree. The six month wait is not mandatory: the Supreme Court has allowed courts to waive it where the parties have settled everything and reunion is impossible, so the whole process can take from a few weeks to about seven months.
The mutual consent divorce timeline at a glance
| Stage | What happens | Time rule |
|---|---|---|
| Separation | Spouses live separately, that is, not as husband and wife | One year or more before filing: section 13B(1) |
| Minimum age of the marriage | No divorce petition can be entertained in the first year of marriage, unless the court allows it for exceptional hardship | Section 14(1) and its proviso |
| First motion | Joint petition filed; both appear and their statements are recorded | Day 1 |
| Waiver application (optional) | Request to skip the six month wait | Can be filed one week after the first motion, as per Amardeep Singh v. Harveen Kaur |
| Second motion | Both confirm that consent continues | Not earlier than 6 months and not later than 18 months after the petition was presented: section 13B(2) |
| Decree | Marriage dissolved from the date of the decree | After the court is satisfied the averments are true |
Who can use section 13B
Section 13B applies to marriages governed by the Hindu Marriage Act, which covers Hindus, Buddhists, Jains and Sikhs. Couples married under the Special Marriage Act, 1954 have an almost identical route in section 28 of that Act: one year of separate living, a joint petition, and a second motion between six and eighteen months later. Other communities are governed by their own statutes.
Where to file
Section 19 of the Hindu Marriage Act lets you present the petition to the court within whose local limits:
- the marriage was solemnised;
- the respondent resides at the time of filing;
- the parties last resided together; or
- the wife is residing on the date of filing, where she is the petitioner.
Where a Family Court has been set up for the area, the petition goes there instead of the regular district court.
Step by step procedure
- Settle the terms first. Agree in writing on permanent alimony (lump sum or instalments), return of stridhan and gifts, custody and visitation of children, child support, and withdrawal of any pending cases between you.
- Draft the joint petition. It sets out the date and place of marriage, children, the date from which you have lived apart, the fact that you cannot live together, the agreed terms, and a statement that consent has not been obtained by force, fraud or undue influence. Each party also files a supporting affidavit.
- File and appear for the first motion. Both spouses appear before the court, which records their statements. Many courts refer the parties to mediation or counselling at this stage, as Order XXXIIA of the Code of Civil Procedure encourages settlement efforts in family matters.
- Wait, or apply for waiver. Either wait six months, or file an application to waive the cooling off period (explained below).
- Second motion. Both parties appear again and confirm that they still consent.
- Decree. If the court is satisfied that the marriage was solemnised and the averments are true, it passes a decree declaring the marriage dissolved from that date. Obtain a certified copy for your records.
Waiving the six month cooling off period
In Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746, the Supreme Court held that the six month period in section 13B(2) is directory, not mandatory. A court may waive it after considering whether:
- the six month period, along with the one year separation under section 13B(1), has already passed before the first motion (in other words, the couple has in fact been apart for about eighteen months);
- all efforts at mediation and conciliation have failed and there is no chance of reunion;
- the parties have genuinely settled their differences, including alimony, custody and other pending issues; and
- the waiting period would only prolong their agony.
The Court said the waiver application can be filed one week after the first motion, giving reasons. It also said the court may use video conferencing and may permit genuine representation through close relations such as parents or siblings where a party cannot appear in person for a valid reason. Following this, the Allahabad High Court in January 2025 directed a Family Court to let a spouse living abroad appear by video conferencing in mutual consent proceedings.
Separately, a Constitution Bench in Shilpa Sailesh v. Varun Sreenivasan (1 May 2023) held that the Supreme Court itself can dissolve a marriage by mutual consent under Article 142 of the Constitution and dispense with the waiting period. That power belongs only to the Supreme Court, usually in cases already before it.
Can the one year separation also be waived?
A Full Bench of the Delhi High Court in Shiksha Kumari v. Santosh Kumar (17 December 2025) held that the one year separation required by section 13B(1) can be waived by applying the proviso to section 14(1), but only in cases of exceptional hardship to the petitioner or exceptional depravity on the part of the respondent. It added that this waiver and the six month waiver are to be considered independently, and that waiver obtained by misrepresentation can lead to deferment of the decree or dismissal of the petition. This is binding in Delhi; courts in other States may take their own view, so do not assume it will be followed everywhere.
Documents you will need
| Document | Why |
|---|---|
| Marriage certificate, or wedding invitation and photographs | Proves that a marriage was solemnised |
| Identity and address proof of both spouses | Identification and territorial jurisdiction |
| Recent passport size photographs | Usually required with the petition and affidavits |
| Proof of separate residence since the stated date (rent agreement, utility bills, employer letter) | Supports the one year separation |
| Written settlement terms | Alimony, stridhan, custody, withdrawal of cases |
| Birth certificates of children, if any | Custody and support arrangements |
| Affidavits of both parties | Verify the facts and free consent |
| Details of pending cases between the parties | So that withdrawal can be recorded |
If you need an affidavit for a name change on your records after the decree, see our guide on affidavit formats for name change and address proof.
Free sample: core paragraphs of a joint petition
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, [CITY]
Petition No. ____ of [year]
[Name of husband], aged [ ], residing at [address] … Petitioner No. 1
[Name of wife], aged [ ], residing at [address] … Petitioner No. 2
JOINT PETITION UNDER SECTION 13B(1) OF THE HINDU MARRIAGE ACT, 1955 FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT
1. The marriage of the petitioners was solemnised on [date] at [place] according to Hindu rites and ceremonies.
2. [No child was born of the marriage / One child, [name], born on [date], is living with Petitioner No. [ ].]
3. Owing to differences in temperament, the petitioners have been living separately since [date], which is more than one year before the presentation of this petition, and have not been able to live together since then.
4. The petitioners have mutually agreed that the marriage should be dissolved. They have settled all claims on the following terms: [alimony, stridhan, custody, withdrawal of cases].
5. The consent of neither petitioner has been obtained by force, fraud or undue influence. There is no collusion between the petitioners, and there has been no unnecessary delay in filing this petition.
6. This Court has jurisdiction because [the marriage was solemnised / the parties last resided together] at [place], within its local limits.
PRAYER: The petitioners pray that this Court may be pleased to dissolve their marriage by a decree of divorce under section 13B of the Hindu Marriage Act, 1955.
[Signatures of both petitioners]
Place: [ ] Date: [ ]
[Verification by both petitioners]
Local practice varies on cause titles, verification and the number of copies, so check the format your court accepts before filing.
Need the complete, editable set? The Lexfolio Mutual Consent Divorce Kit brings together editable formats for each stage of a section 13B case, from the joint petition and affidavits to the waiver application and second motion, with a plain language checklist for settlement terms.
What does a mutual consent divorce cost?
There is no fixed national figure. The total depends on these factors:
| Cost factor | What drives it |
|---|---|
| Court fee | Set by each State’s court fee law; usually a modest fixed amount for a matrimonial petition |
| Stamp paper and notarisation | Affidavits and the settlement deed; rates vary by State |
| Professional drafting and appearance fees | City, complexity of the settlement, number of hearings |
| Alimony and settlement amount | By far the largest component in most cases; agreed between the parties |
| Travel and time | At least two personal appearances, unless video conferencing is allowed |
Withdrawal of consent and other risks
Consent must continue until the decree. In Sureshta Devi v. Om Prakash (1991), followed in Hitesh Bhatnagar v. Deepa Bhatnagar, (2011) 5 SCC 234, the Supreme Court held that either party may withdraw consent at any time before the decree, and without a joint second motion the court cannot grant divorce under section 13B. Two practical lessons follow: tie payments to stages (for example, part on the first motion and the balance on the second), and record in the settlement what happens to amounts already paid if a party withdraws.
Once the decree is passed, appeals are rarely an issue: section 96(3) of the Code of Civil Procedure bars an appeal from a decree passed with the consent of the parties, and section 19(2) of the Family Courts Act, 1984 says the same for Family Court decrees passed by consent. Section 15 of the Hindu Marriage Act permits remarriage once there is no right of appeal against the decree or the appeal period has run out.
Common mistakes
- Filing before one year of separation without a waiver application, or giving a separation date that documents contradict.
- Vague settlement terms on stridhan or custody, which lead to fresh disputes later.
- Paying the entire alimony at the first motion with no safeguard if consent is withdrawn.
- Missing the 18 month outer limit for the second motion.
- Forgetting to withdraw pending criminal, maintenance or domestic violence cases as agreed.
A Hindi version of this guide is available: आपसी सहमति से तलाक की प्रक्रिया.
Frequently asked questions
How long does a mutual consent divorce take in India?
Normally a little over six months from the first motion, because the second motion cannot be made earlier than six months after filing. If the court waives the waiting period, it can be completed within weeks.
Is personal appearance compulsory?
Courts generally want to hear both parties to confirm free consent. Following Amardeep Singh, courts can allow video conferencing or representation through close relations where a party cannot attend for a valid reason.
Can one spouse back out after the first motion?
Yes. Consent can be withdrawn at any time before the decree. The other spouse may then have to file a contested divorce on a ground under section 13.
What if the second motion is not made within 18 months?
The Supreme Court has said the 18 month limit exists to ensure quick disposal, and that without a joint second motion within that time the court is not bound to grant a decree. Do not let the matter drift: diarise the six month and eighteen month dates on the day you file.
*This article is general information, not legal advice.*
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