Mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955 provides a dignified, non-adversarial mechanism for spouses to dissolve their marriage.
Key Legal Takeaway
Both spouses must live separately for at least one year, mutually agree on permanent alimony, child custody, and return of Stridhan, and jointly file first and second motion petitions.
1. Essential Pre-Requisites under Section 13B HMA
Living separately for one year or more, mutual inability to live together, and comprehensive agreement on all financial and custody terms.
2. The First Motion and Statement Recording
Filing joint petition with supporting affidavits, joint appearance before the Family Court Judge, and formal recording of statements.
3. Waiving the Six-Month Statutory Cooling-Off Period
Pursuant to the Supreme Court ruling in Amardeep Singh v. Harveen Kaur, courts can waive the 6-month statutory waiting period where all conciliation efforts have failed.
4. The Second Motion and Final Decree
Moving the second motion within 18 months, confirmation of settlement compliance, and issuance of the formal decree of dissolution.
Frequently Asked Questions
Legal Guidance Note | RCS & Associates (Advocates & Lawyers in Roorkee & Haridwar)
Founder: Ramesh Chand Saini (Ex-Senior Prosecuting Officer, UP | M.A., MBA, LL.M.) | Member: Amardeep Saini (Notary & Advocate)
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