Hindu Marriage Act Section 13B: Divorce by Mutual Consent
Exact Code:
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date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the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.]’.
Explanation:
This section of the Hindu Marriage Act outlines the process for obtaining a divorce by mutual consent.
It allows couples who have irreconcilably broken down their marriage to dissolve it through a legal process.
Key Elements:
- Mutual Agreement: Both parties must genuinely agree to the divorce.
- Living Separately: They must have lived separately for at least one year.
- Irreconcilable Differences: The parties must demonstrate that they are unable to live together.
- Court Proceedings: The process requires filing a petition in the District Court.
- Cooling-Off Period: There is a mandatory waiting period of six months after filing the petition.
- Final Decree: If neither party withdraws the petition, the court can grant a decree of divorce after 18 months.
Illustration:
Imagine a couple, Raj and Priya, who have been married for five years. Due to irreconcilable differences, they have decided to separate. They have been living apart for two years and have mutually agreed to end their marriage. They file a petition for divorce by mutual consent in the District Court. After six months, they appear in court and reaffirm their decision. After the mandatory 18-month period, the court grants them a decree of divorce.
Common Questions & Answers:
- Q: Can a couple get a divorce by mutual consent if they haven’t been living separately for a year?
- A: No, Section 13B requires at least one year of separation.
- Q: Can one party withdraw the petition for divorce by mutual consent?
- A: Yes, either party can withdraw the petition before the final decree is granted.
- Q: What happens if one party refuses to agree to a divorce?
- A: In this case, a divorce can only be granted on grounds other than mutual consent, such as adultery, cruelty, or desertion.
