Hindu Marriage Act Section 13B — Divorce by mutual consent

General

Summary

Both spouses together can file a petition in the district court for divorce if they have been living separately for at least one year, have not been able to live together, and have mutually agreed to end the marriage. After filing, they must wait at least six months but no more than eighteen months before asking the court to finalise the divorce, unless the petition is withdrawn during that time. The court will only grant the divorce if it is satisfied, after hearing both parties and making any inquiry it considers necessary, that the marriage did take place and that the statements in the petition are true. The divorce takes effect from the date the court issues the decree.

Official Text

(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petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been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.]