Law
Section 13B of the Hindu Marriage Act Explained in Simple Words
By Divorce Setu Editorial Team · Updated · 6 min read
Quick answer
Section 13B of the Hindu Marriage Act, 1955 is the provision for divorce by mutual consent. Both spouses jointly petition if they have lived separately for one year or more, cannot live together and have agreed to dissolve the marriage. The second motion comes not earlier than six months and not later than eighteen months afterwards.
Section 13B of the Hindu Marriage Act, 1955 is the provision under which most couples in India get a mutual consent divorce. It was added in 1976 so that couples who both want to separate do not need to prove fault against each other. This guide breaks down what it says.
What does Section 13B say?
In plain words, Section 13B has two parts:
- 13B(1): Both spouses can jointly present a petition to the district court for dissolving the marriage, if they have been living separately for one year or more, have not been able to live together, and have mutually agreed that the marriage should be dissolved.
- 13B(2): After the petition, if it is not withdrawn, the parties come back not earlier than six months and not later than eighteen months later. If the court is satisfied after hearing them and making inquiry that the marriage was solemnised and the averments are true, it passes a decree of divorce.
Who can use Section 13B?
The Hindu Marriage Act applies to Hindus, Buddhists, Jains and Sikhs. Couples of other faiths, or married under other laws, use different provisions with similar ideas:
- Special Marriage Act, 1954 (Section 28): for inter-faith couples and those who married under this Act, with the same one-year separation and six-to-eighteen-month structure.
- Indian Divorce Act, 1869 (Section 10A): for Christians, which asks for two years of separation.
- Parsi Marriage and Divorce Act, 1936 (Section 32B): a mutual consent provision for Parsis.
- Muslim personal law: options such as mubarat and khula, depending on how the marriage ends.
What does "living separately" mean?
It does not necessarily mean living in different homes. Courts have accepted that spouses can be "living separately" even under one roof if they are not living as husband and wife. What matters is that the marital relationship has ended in practice for at least a year.
The 6-month gap and how it changed
The six-month gap was meant to give couples time to reconsider. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that this period is directory, not mandatory, and a family court can waive it in the right circumstances. Read the details in can the 6-month cooling-off period be waived.
Consent must continue until the decree
In Sureshta Devi v. Om Prakash (1991), the Supreme Court held that consent must exist at the time the decree is passed, not just when the petition is filed. This means either spouse can withdraw consent before the decree. We explain the consequences in what if a spouse changes their mind.
Section 13B vs contested divorce
A contested divorce under Section 13 needs a ground such as cruelty, desertion or adultery, and must be proved in court, which can take years. Section 13B needs no ground beyond mutual agreement, so it is usually faster, cheaper and far less adversarial.
Ready to move forward? Start your mutual divorce or read the step-by-step process.
Frequently asked questions
- What is the difference between Section 13 and Section 13B?
- Section 13 allows a divorce on specific grounds such as cruelty or desertion that one spouse must prove. Section 13B is for couples who both agree to separate and need no ground beyond that agreement.
- Does Section 13B apply to Muslims and Christians?
- No. The Hindu Marriage Act applies to Hindus, Buddhists, Jains and Sikhs. Christians, Parsis and Muslims have their own laws, and the Special Marriage Act covers inter-faith marriages registered under it.
- Which court hears a Section 13B petition?
- The family court, or the district court where there is no family court, that has jurisdiction. This depends on where you married, last lived together, or currently live.