Definition of Section 13B of Hindu Marriage Act According to the Government of India
Section 13B of Hindu Marriage Act: 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 solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 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.
(2) On the motion of both the parties made not earlier than six months 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petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.
Meaning of Section 13B of Hindu Marriage Act
Section 13B – Divorce by Mutual Consent
(1) Filing for Mutual Divorce: Husband and wife can jointly file a petition in the District Court for divorce if:
- They have been living separately for at least one year,
- They are not able to live together, and
- They both agree that the marriage should end.
It does not matter whether the marriage happened before or after the 1976 amendment of the law. Both husband and wife must file the petition together.
(2) Second Motion and Court Order: After filing the petition:
- They must wait for at least 6 months (this is called the cooling-off period).
- They must make the second motion within 18 months from the date of filing.
- If they withdraw the petition before this, the divorce will not happen.
If they continue with the petition:
- The court will hear both parties.
- The court will check that:
- The marriage was legally performed.
- The statements in the petition are true.
If the court is satisfied, it will pass a divorce decree. The marriage will legally end from the date the court passes the decree.
Note: Courts may waive this Cooling-Off period in appropriate cases, as held in Amardeep Singh v. Harveen Kaur.
Essential Elements of Divorce by Mutual Consent (Section 13B of Hindu Marriage Act)
- Joint Petition – Filed together by both husband and wife.
- Valid Hindu Marriage – Marriage must be legally solemnized under the Act.
- Living Separately for at least One Year – Parties must have lived separately for one year or more before filing.
- Inability to Live Together – Parties state that reconciliation is not possible.
- Mutual Agreement to Dissolve Marriage – Free and voluntary consent of both parties.
- Cooling-Off Period – Second motion filed after 6 months (may be waived as per Amardeep Singh v. Harveen Kaur).
- Second Motion Within 18 Months – Must be made within 18 months from filing of petition.
- No Withdrawal of Consent Before Decree of Divorce – Consent must continue till decree of divorce (as held in Sureshta Devi v. Om Prakash).
- Court’s Satisfaction – Court must verify the truth of averments and genuineness of consent before granting decree.
Section 13B Hindu Marriage Act Examples
Example 1 – Basic Mutual Consent Divorce
A couple married in 2015 have lived separately since 2023 due to incompatibility. In 2025, after completing one year of separation, they jointly file a petition stating they cannot live together and mutually agree to dissolve the marriage. After six months, they confirm their decision, and the court grants divorce.
Example 2 – Withdrawal of Consent
After filing the first motion, the wife changes her mind during the cooling-off period and refuses to appear for the second motion. The court cannot grant divorce because mutual consent no longer exists.
Example 3 – Waiver of Cooling-Off Period
The parties have been living separately for 3 years and have settled all issues regarding maintenance and child custody. The court, applying principles laid down in Amardeep Singh case, waives the six-month waiting period and grants divorce earlier.