HMA Section 13B — Divorce by mutual consent

What does this section state?

Section 13B allows both spouses to jointly petition for divorce where they have been living separately for a year or more, are unable to live together, and mutually agree that the marriage should be dissolved. This is generally the fastest and least adversarial route to divorce under the Act, since it does not require either party to prove fault against the other.

Traditionally, the process requires a first motion when the petition is filed, followed by a mandatory waiting period, and a second motion filed between six and eighteen months later confirming that consent still stands, before the court grants the decree. However, in Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that this cooling-off period can be waived by the court in appropriate cases, such as where all efforts at reconciliation have genuinely failed and there is no possibility of the parties reuniting.

Both spouses must continue to consent through both motions — if either party withdraws consent before the second motion, the court cannot grant the divorce under this section.

Frequently Asked Questions

What does this provision actually do?

See the explanation above. This is a civil, procedural, or constitutional provision rather than a criminal offence, so it doesn't carry a punishment — it defines a right, remedy, or procedure instead.

Can the mandatory waiting period be waived?

Yes — following the Supreme Court’s ruling in Amardeep Singh v. Harveen Kaur (2017), courts have discretion to waive the six-month cooling-off period between the first and second motions in appropriate cases, such as where reconciliation is clearly impossible.

What happens if one spouse withdraws consent midway?

If either spouse withdraws their consent before the second motion is heard, the court cannot grant a divorce under this section, and the petitioning spouse would need to pursue a contested divorce under Section 13 instead, if applicable grounds exist.

How long does a mutual consent divorce typically take?

Where the waiting period is not waived, the process typically takes at least six to eighteen months between the two motions, though it can be significantly faster if the court exercises its discretion to waive the cooling-off period.