A mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955 (Section 28 of the Special Marriage Act for civil and inter-faith marriages) typically takes six to eighteen months. The spread is wide because the statutory period is only one part of it. Court diaries and how ready your paperwork is do the rest.
The two motions
- First motion. Both spouses file jointly and record their statements that the marriage has broken down, that they have been living separately for at least a year, and that they have agreed to dissolve it.
- Cooling-off period. Section 13B(2) then requires a gap of not less than six months and not more than eighteen months before the second motion.
- Second motion. Both spouses appear again and confirm their consent. If the court is satisfied, it passes the decree.
The six months is not always mandatory
In Amardeep Singh v. Harveen Kaur (2017) the Supreme Court held that the cooling-off period under Section 13B(2) is directory, not mandatory, and that a court can waive it where the parties have genuinely settled everything, where mediation has failed, and where there is no realistic chance of reconciliation. You apply for the waiver by moving an application, and it is not granted for the asking.
What actually speeds this up
A clean, written settlement on every issue before you file. Alimony, custody, visitation, streedhan, property, who withdraws which pending case. Half-settled terms are the single biggest cause of delay, because the court will not pass a decree on a settlement that leaves live disputes hanging.
A clean, written settlement on every issue before you file. Alimony, custody, visitation, streedhan, property, who withdraws which pending case. Half-settled terms are the single biggest cause of delay, because the court will not pass a decree on a settlement that leaves live disputes hanging.
Where it slows down
- The one-year separation requirement. You must have lived separately for at least a year before filing. Living separately means separate lives, not necessarily separate addresses.
- Non-appearance. Both spouses must appear at both motions. If one is abroad, that needs planning.
- Withdrawal of consent. Either spouse can withdraw before the second motion, and a court cannot force a mutual decree on an unwilling party.