Legal Basics
Mutual Divorce for Different Religions in India: Which Law Applies?
By Divorce Setu Editorial Team · Updated · 6 min read
Quick answer
Yes, mutual consent divorce exists under several Indian laws, but which one applies depends on your religion and how you married. Hindus, Sikhs, Jains and Buddhists use Section 13B of the Hindu Marriage Act, Christians use Section 10A of the Indian Divorce Act, Parsis use Section 32B, and Special Marriage Act marriages use Section 28.
India has no single divorce law for everyone. The Act that applies depends mainly on the religion of the spouses and on how they married. The idea of a mutual consent divorce exists in several of these laws, but the details differ. This is a general guide, not advice for your case, and a lawyer should confirm which law applies to you.
Hindus, Sikhs, Jains and Buddhists
These communities are governed by the Hindu Marriage Act, 1955. Mutual consent divorce is under Section 13B. The spouses must have lived separately for at least one year and must agree that the marriage cannot continue. There are two motions with a gap between them. Section 14 also bars petitions within one year of marriage, though a court can allow it in cases of exceptional hardship. Read our full Section 13B explainer.
Christians
Christians are governed by the Indian Divorce Act, 1869. Section 10A allows divorce by mutual consent. It asks for the spouses to have been living separately for a period, which the Act states as two years. Some High Courts have read this requirement down, so your lawyer will confirm what applies in your state. The procedure also involves two stages. Some local rules and practice differ, so confirm the current position with your lawyer.
Parsis
The Parsi Marriage and Divorce Act, 1936 has a mutual consent provision in Section 32B. It has its own conditions, and Parsi matrimonial cases are heard in a special court setup under that Act. Get advice that is specific to the Act.
Inter-faith couples and civil marriages
If you married under the Special Marriage Act, 1954, which is the law many inter-faith couples use, Section 28 provides for mutual consent divorce. It follows a structure similar to the Hindu Marriage Act, with one year of living separately and a two-stage process. Note that the Act that applies depends on how you married, not just the faith of each partner, so your marriage certificate and the way the marriage was solemnised matter.
Muslims
Muslim marriages are governed by personal law, and a marriage can end in several ways, such as talaq, khula or mubarat, which is a mutual release. The legal position, including the role of courts and the Dissolution of Muslim Marriages Act, 1939 and other laws, is nuanced and depends on the facts. We do not attempt to cover it here. Speak to a lawyer who handles Muslim personal law cases.
A quick comparison
- Hindu, Sikh, Jain, Buddhist: Hindu Marriage Act, Section 13B.
- Christian: Indian Divorce Act, Section 10A.
- Parsi: Parsi Marriage and Divorce Act, Section 32B.
- Special Marriage Act marriages: Section 28.
- Muslim: personal law routes such as mubarat and khula.
What does this site mainly cover?
Not sure which law applies to your marriage? Share the basics and a lawyer will tell you. Start your mutual divorce, or read the overall mutual divorce process. Wondering whether mutual consent suits you at all? See mutual vs contested divorce.
Frequently asked questions
- Which law applies if one spouse is Hindu and the other is Christian?
- It depends on how you married. If you married under the Special Marriage Act, Section 28 would apply. Other cases are more complicated, so have a lawyer review your marriage documents.
- Is the waiting period the same for every religion?
- No. The separation period and procedure differ between the Acts, and courts apply them differently. Your lawyer will confirm the period for your law.
- Can Christians get a mutual divorce in India?
- Yes, under Section 10A of the Indian Divorce Act, 1869, which has its own separation requirement. Confirm the current requirements with a lawyer.
- Does this site handle cases outside the Hindu Marriage Act?
- Our focus is the Hindu Marriage Act. For other laws, contact us and we will tell you honestly whether we can assist.