Section 13B HMA: Divorce by mutual consent

Hindu Marriage Act, 1955

Section 13B HMA at a Glance

Section 13B HMA lets both spouses jointly petition the district court for divorce by mutual consent after living separately for 1 year or more. On a joint motion made between 6 months and 18 months later, the satisfied court dissolves the marriage.

Section 13B HMA Bare Act Text

13B. Divorce by mutual consent.
(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

Amendments to this section

Ins. by Act 68 of 1976, s. 8 (w.e.f. 27-5-1976).

Section 13B HMA in Simple Words

Section 13B HMA provides the procedure for dissolving a marriage by a decree of divorce based on the mutual consent of both spouses. Under Section 13B(1) HMA, subject to the provisions of the Hindu Marriage Act, 1955, both parties to a marriage may together present a petition for divorce to the district court, whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976. The joint petition rests on three grounds: that the spouses have been living separately for 1 year or more, that the spouses have not been able to live together, and that the spouses have mutually agreed that the marriage should be dissolved.

Under Section 13B(2) HMA, after the petition under Section 13B(1) HMA is presented, both parties must make a joint motion not earlier than 6 months and not later than 18 months after the date on which the petition was presented. This second step applies only if the petition has not been withdrawn in the meantime.

When both parties make that motion within the period between 6 months and 18 months, the court hears the parties and makes any inquiry the court thinks fit. On being satisfied that a marriage has been solemnized and that the averments (the statements made in the petition) are true, the court must pass a decree of divorce declaring the marriage dissolved with effect from the date of the decree.

In an area that has a Family Court, mutual consent petitions go to the Family Court instead of the district court: section 7 of the Family Courts Act, 1984 gives the Family Court this jurisdiction, and section 8 of that Act stops the district court from exercising it there.

When Section 13B HMA Applies

Both parties to the marriage together present a joint divorce petition to the district court, subject to the provisions of the Hindu Marriage Act, 1955.
The spouses have been living separately for 1 year or more prior to presenting the petition.
The spouses have not been able to live together and have mutually agreed that the marriage should be dissolved.
The petition is not withdrawn in the meantime, and both parties make a joint motion not earlier than 6 months and not later than 18 months after the date the petition was presented.
After hearing the parties and making such inquiry as the court thinks fit, the court is satisfied that a marriage was solemnized and that the statements in the petition are true, dissolving the marriage from the date of the decree.

Example of Section 13B HMA

Prakash and Shalini, a married Hindu couple in Bhubaneswar, have been living separately for 14 months and have not been able to live together. Both spouses mutually agree to dissolve the marriage and together present a joint petition for divorce under Section 13B(1) HMA to the district court. Neither spouse withdraws the petition, and 8 months after presenting the petition, Prakash and Shalini together make the second motion under Section 13B(2) HMA, within the period of 6 months to 18 months. The district court hears Prakash and Shalini, conducts an inquiry, and is satisfied that the marriage was solemnized and that the statements in the petition are true. Under Section 13B(2) HMA, the court passes a decree of divorce declaring the marriage dissolved with effect from the date of the decree.

When Section 13B HMA Does Not Apply

Where the spouses have been living separately for less than 1 year before presenting the petition under Section 13B(1) HMA, or where both parties do not mutually agree and file together.
Where the second motion of both parties under Section 13B(2) HMA is made earlier than 6 months or later than 18 months after the date on which the petition under Section 13B(1) HMA was presented.
Where the petition presented under Section 13B(1) HMA is withdrawn in the meantime before the decree is passed.
Where, after hearing the parties and making an inquiry, the court is not satisfied that a marriage was solemnized or that the statements in the petition are true.

FAQs on Section 13B HMA

What is Section 13B HMA?▼

Section 13B HMA is the provision of the Hindu Marriage Act, 1955 that allows both spouses to obtain a divorce by mutual consent by presenting a joint petition to the district court. Section 13B HMA requires living separately for 1 year or more before filing, followed by a joint second motion made between 6 months and 18 months after presenting the petition.

How long must spouses live separately before filing a mutual consent divorce petition under Section 13B(1) HMA?▼

1 year or more. Under Section 13B(1) HMA, both spouses must have been living separately for 1 year or more, must not have been able to live together, and must have mutually agreed that the marriage should be dissolved.

When must the second motion be made under Section 13B(2) HMA?▼

Not earlier than 6 months and not later than 18 months after the petition is presented. Under Section 13B(2) HMA, both parties must make the motion within that window, provided the petition has not been withdrawn in the meantime.

Can one spouse file a petition under Section 13B HMA alone without the other spouse?▼

No. Section 13B(1) HMA requires both parties to the marriage to present the petition together on mutual agreement, and Section 13B(2) HMA requires both parties to make the second motion. A spouse seeking divorce without mutual consent must petition on a ground under Section 13 HMA instead.

From what date does a mutual consent divorce take effect under Section 13B(2) HMA?▼

From the date of the decree. Section 13B(2) HMA states that the court passes a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

Does Section 13B HMA apply to marriages solemnized before 1976?▼

Yes. Section 13B(1) HMA expressly applies whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976.

Have questions about Section 13B HMA?

Ask NyayGuru about your situation and get an answer based on the Hindu Marriage Act, 1955.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Hindu Marriage Act, 1955 ·