Spouses who have lived separately for at least a year and agree to end the marriage can file for mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955, or Section 28 of the Special Marriage Act, 1954. They file a joint petition, make a first motion, and after a six-month period, which courts can waive in suitable cases, a second motion, after which the court grants the divorce decree.
Eligibility
- Living separately for at least one year
- Unable to live together
- Free mutual consent
Settlement terms
- Alimony or one-time settlement
- Child custody and visitation
- Division of assets and return of belongings
Process
- Draft settlement and joint petition.
- File in family court.
- First motion statements.
- Cooling period or waiver application.
- Second motion and decree.
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Often six to eighteen months; faster with waiver.
Frequently asked questions
Can the six-month period be waived?
Yes, courts can waive it in appropriate cases, and the Supreme Court can grant divorce directly under its extraordinary powers.
Can consent be withdrawn?
Either party can withdraw consent before the decree.
Do both parties need to appear?
Generally yes, though video appearance is increasingly allowed.
Is a lawyer required?
Not mandatory, but advisable for drafting settlement terms.
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