By Legum Pacific Editorial ·
Suppose both husband and wife decide their marriage cannot work. They have been living separately for some months. They agree that the marriage should end and want the court to dissolve it by mutual consent.
What does the law say?
Section 13B(1) of the Hindu Marriage Act, 1955 allows both parties to present a joint petition to the district court. The petition must state that the parties have been living separately for a period of one year or more, that they have been unable to live together, and that they mutually agree the marriage should be dissolved.
Section 13B(2) says that, on the motion of both parties made not earlier than six months after presentation of the petition and not later than eighteen months after that date, the court shall, if satisfied after hearing the parties and making such inquiry as it thinks fit, pass a decree declaring the marriage dissolved with effect from the date of the decree.
When deciding such an application under Section 14, the court shall have regard to the interests of any children and to whether there is a reasonable probability of reconciliation.
How do you start the process and where is the petition filed?
The joint petition under Section 13B must be presented to the district court that has local ordinary original civil jurisdiction. Section 19 lists the places where a petition may be presented.
Section 20 requires the petition to state clearly the facts on which the claim is founded and to state that there is no collusion between the parties (except in a petition under Section 11). The statements in the petition must be verified by the petitioner or some other competent person in the manner required by law for verification of plaints, and may be used as evidence at the hearing.
How long is the waiting period before the court can grant the divorce?
There are two timing rules in Section 13B to note.
- First, the petition must show the parties have been living separately for one year or more before filing (Section 13B(1)).
- Second, after filing, the Act provides for a waiting period of at least six months before the parties can move the court for a decree (Section 13B(2)). This is sometimes called the “six‑month cooling period” in practice, but the wording in the Act is “not earlier than six months after the date of the presentation of the petition.”
The Act also places an outer time limit. The motion for the decree must be made not later than eighteen months from the date of presentation of the petition, unless the petition is withdrawn in the meantime (Section 13B(2)).
Finally, Section 14 remains applicable. When considering such leave, the court will have regard to the interests of any children and the possibility of reconciliation (Section 14(2)).
What will the court check before granting the decree?
Section 13B(2) requires the court to be satisfied, after hearing the parties and making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true. The court may therefore examine the petition, the verification, and any other material it considers necessary during the hearing and inquiry before passing a decree.
What happens after the decree?
Section 13B(2) provides that the court, if satisfied, will pass a decree declaring the marriage dissolved with effect from the date of the decree. Section 15 of the Act states that once a decree of divorce is final (either because there is no right of appeal, the time for appeal has expired, or an appeal has been dismissed), it is lawful for either party to marry again.
Key points
- Section 13B allows a joint petition if the parties have been living separately for one year or more and mutually agree to end the marriage. (Section 13B(1)).
- After filing, the parties must wait at least six months before asking the court for a decree, and must do so within 18 months of filing. (Section 13B(2)).
- The petition is to be filed in the district court with jurisdiction under Section 19 and must state the facts and that there is no collusion, with proper verification. (Sections 19, 20).
- The court will hear the parties and make such inquiry as it thinks fit before passing a decree. (Section 13B(2)).
- Once the decree is final, either party may marry again. (Section 15).
Laws referred to
- THE HINDU MARRIAGE ACT, 1955 — Sections 13B, 14, 19, 20, 15
Official sources
This guide explains what the Act itself says. Court rulings interpreting these provisions (for example, on when the waiting period may be waived) can also affect how they apply. It states the position under the official texts listed above, as at 8 October 2026.