Mutual Divorce Process in India: Step-by-Step Guide (Section 13B)
Quick answer: Mutual divorce under Section 13B of the Hindu Marriage Act needs both spouses to agree that they have lived apart for at least one year and cannot live together. The process has five stages: joint petition (first motion), statements, a cooling-off period of six months (which can be waived), second motion, and the final decree. In Delhi it commonly takes about six to twelve months.
Eligibility
- You are married under the Hindu Marriage Act, 1955 (or the Special Marriage Act, 1954, Section 28, which follows the same pattern).
- You have been living separately for one year or more before the petition.
- You have not been able to live together and have mutually agreed the marriage should be dissolved.
- A year has passed since marriage (Section 14), unless the court allows exceptional cases.
- You agree on alimony, custody and property.
The stages
- Draft the settlement and joint petition. It records the marriage details, separation, reasons and agreed terms. See mutual divorce petition format.
- File the petition (first motion). Filed in the Family Court that has jurisdiction under Section 19 HMA, for example where you last lived together or where the respondent lives.
- Statements and first motion order. Both spouses appear, their statements are recorded, and the court passes the first motion order.
- Cooling-off period. Six months, extendable up to 18 months. The court may waive it in suitable cases. See waiver of cooling-off period.
- Second motion. Within 18 months of filing, both parties confirm they still want the divorce and statements are recorded again.
- Decree. The court passes the decree of divorce.
Documents
- Marriage certificate and wedding photographs.
- Address proofs and passport-size photographs of both.
- Income tax returns or income proof of the last few years.
- Proof of separation (rent agreement, utility bills, messages).
- Settlement agreement and details of alimony, custody, property.
- Identity proofs and affidavits as required.
Where to file in Delhi
Delhi Family Courts sit at Tis Hazari, Dwarka, Saket, Rohini, Karkardooma and Patiala House. Filing and listing follow e-filing rules; see Delhi family courts and Samadhan mediation. If you live in West Delhi, our Dwarka divorce lawyer page may help; for North Delhi see Rohini court and Tis Hazari court.
Common problems
- One spouse backs out before the second motion. Consent must continue until the decree; see how to withdraw a mutual consent divorce petition.
- Settlement terms are vague. Put everything in writing.
- Pending criminal cases. Settle and quash them together. See 498A settlement process.
Read mutual consent divorce in Delhi: complete guide and speak to our mutual divorce lawyers.
Frequently asked questions
How long does mutual divorce take in India?
The law provides a six-month cooling-off period, so many cases finish in about six to twelve months, subject to court listing and waiver.
Is the six-month period compulsory?
No. After Amardeep Singh v. Harveen Kaur (2017), courts can waive it in suitable cases.
Can we file mutual divorce in a city where only one of us lives?
Yes, if Section 19 HMA allows it, for example the place where you last lived together or where either of you resides in certain cases.
Do both spouses have to appear?
Yes, usually both must appear for statements, though courts allow video conferencing in suitable cases.
Can I remarry after the first motion?
No. Only after the final decree is passed.
Related guides
- Mutual divorce petition format
- How to apply for mutual divorce
- Mutual consent divorce in Delhi: complete guide
- Contested vs mutual divorce
Where we can help
Talk to a Delhi lawyer about your case
Every case turns on its own facts and documents. A short consultation with Advocate Anant Misra's team will tell you where you stand and what to do next.
Call +91-98680 84425Book an appointmentThis page is general legal information for readers in India, not legal advice, and no lawyer-client relationship is created by reading it. Laws and court practice change, so confirm the current position with a qualified advocate before acting. AM Legal, 2589 Hudson Lane, GTB Nagar, Delhi 110009.