Section 13B (HMA 1955) – Divorce by Mutual Consent

HINDU MARRIAGE ACT, 1955

Section 13B – Divorce by Mutual Consent

🔹 Short Note (Hindi)

Agar husband aur wife dono apni marzi se alag hona chahte hain, bina kisi jhagde ke, to wo mutual consent divorce le sakte hain — jise Section 13B ke under court approve karti hai.
Yani dono agree karein ki ab saath rehna possible nahi hai, to law unhe shanti se alag hone ki permission deta hai.

🔹Detailed Explanation (English + Hindi)

Section 13B of the Hindu Marriage Act, 1955 provides a legal way for both husband and wife to end their marriage mutually — when both accept that the marriage has broken down beyond repair.

This section was introduced by the Marriage Laws (Amendment) Act, 1976 to make divorce easier where both partners willingly agree to separate.
Unlike regular divorce (where one accuses the other), this type of divorce is based on mutual understanding and peaceful separation.

🔹Main Conditions for Mutual Consent Divorce

1. Mutual Agreement – Both husband and wife must agree that marriage should end.
2. Separation Period – They must have lived separately for at least one year before filing.
3. No Forced Consent – Both should consent freely, without pressure, fraud, or threat.
4. No Reconciliation Possible – Both must feel that living together is impossible.

🔹Procedure for Mutual Consent Divorce

1. Joint Petition Filing – Both spouses file a joint petition under Section 13B(1) in the Family Court.
2. First Motion Hearing – Court records statements of both parties.
3. Cooling-off Period – Minimum 6 months waiting time (can be waived by court in some cases).
4. Second Motion – After 6 months, both again appear and confirm consent under Section 13B(2).
5. Decree of Divorce – If court is satisfied that consent is genuine, it grants final divorce decree.

🔹Key Legal Points

• Section 13B(1): Allows filing of joint petition by both spouses.
• Section 13B(2): Allows second motion after 6 months confirming mutual consent.
• Cooling-Off Period: Can be waived by court if both have settled all matters like alimony, custody, etc. (as per Amardeep Singh v. Harveen Kaur, 2017).

🔹Example (Simple Understanding)

Ravi and Kavita have been living separately for 2 years. They both realize that continuing marriage is meaningless.
They file a joint petition for mutual consent divorce under Section 13B.
After completing the 6-month period and confirming their decision, the court grants divorce peacefully.

🔹Landmark Case Law

Amardeep Singh v. Harveen Kaur (2017) – Supreme Court ruled that the 6-month waiting period in mutual consent divorce can be waived if both parties have already settled issues like maintenance, custody, and property.

🔹Nyay Neeti Advice

Mutual consent divorce is not about blame — it’s about respectful closure.
Agar dono partners peacefully alag hona chahte hain, to ye sabse fast, fair, aur stress-free legal way hai.
Always settle maintenance, property, and child custody matters before filing, to avoid future disputes.

🔹Summary Table