- 15-Oct-2025
- public international law
In India, under the Hindu Marriage Act, 1955, the minimum separation period required for mutual divorce is one year. However, the couple must have been living separately for at least one year before filing a petition for divorce by mutual consent. This statutory period allows the couple to demonstrate that they have irreconcilable differences and have been living apart, thus giving the marriage sufficient time to break down completely.
Mutual divorce is a legal process in which both spouses agree to dissolve their marriage. Unlike a contested divorce, where one spouse seeks to end the marriage due to reasons like cruelty, adultery, or desertion, mutual divorce is based on the consent of both parties. They both must agree to end the marriage and file a joint petition in the family court.
According to Section 13B of the Hindu Marriage Act, 1955, the spouses must meet the following criteria to file for mutual consent divorce:
After completing the minimum separation period of one year, both spouses file a joint petition in the family court. This petition must include:
The family court hears the petition and, if satisfied with the grounds and the joint petition, passes the first motion. At this stage, the court allows a waiting period of six months (which can be waived under specific circumstances) before the second motion.
After the waiting period (usually six months), the couple files for the second motion. Both parties must appear before the court and confirm that they still wish to proceed with the divorce.
Once the court is satisfied with the second motion, it grants the final decree of divorce. The marriage is officially dissolved.
The term living separately refers to a situation where the couple is not living under the same roof, even if they maintain financial or emotional ties. The court focuses on whether they have been living apart and not maintaining a shared marital relationship.
The period of separation must be continuous for one year. Short-term reconciliations or staying together temporarily for specific events like festivals or family gatherings will not affect the eligibility for mutual divorce as long as the spouses maintain the intent of living separately.
While the law mandates a six-month waiting period between the two motions, the court may waive this waiting period under special circumstances if it feels that there is no chance of reconciliation between the spouses.
Ravi and Priya have been married for five years but have been living separately for the past two years due to irreconcilable differences. After one year of living separately, they both decide they no longer wish to stay married and file a joint petition for mutual divorce in the family court.
The court accepts the petition and passes the first motion. After six months, they file the second motion and confirm their desire for divorce.
The court then grants the final decree of divorce, and their marriage is officially dissolved.
Nisha and Amit have been living separately for over a year and have mutually agreed to end their marriage due to constant disputes. They file a mutual divorce petition in the family court after the one-year separation.
The court passes the first motion and waives the six-month waiting period, recognizing that the couple has no chance of reconciliation.
The second motion is filed immediately, and the court grants the final divorce decree in a few months.
In India, the minimum separation period for mutual divorce is one year under Section 13B of the Hindu Marriage Act, 1955. After this period, both spouses must file a joint petition for divorce, which includes a statement confirming their mutual decision to end the marriage. A six-month waiting period is typically required between the first and second motions, although this can be waived in certain situations.
Answer By Law4u Team
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