Mutual Consent Divorce: Section 13B & The Cooling-Off Period

When a marriage becomes broken beyond repair, dragging each other through mud in court serves no one. Mutual Consent Divorce (Section 13B, Hindu Marriage Act, 1955) is the civilized, faster, and more dignified alternative.

The Prerequisites
1. Living separately for at least 1 year.
2. Mutual agreement that the marriage cannot be resolved.
3. Free consent (no force or fraud).

The 3-Step Process
Step 1: Memorandum of Understanding (MOU)
Before going to court, the couple signs an MOU settling all terms:
- Alimony: Total lump sum amount.
- Child Custody: Who keeps the child? Visitation schedule for the other parent.
- Asset Division: Who takes the jewelry, furniture, or joint property?

Step 2: First Motion
A joint petition is filed in the Family Court. Statements are recorded on oath. The court passes an order on the First Motion.

Step 3: The Cooling-Off Period (6 Months)
The law mandates a 6-month wait to allow a chance for reconciliation. However, the Supreme Court in Amardeep Singh v. Harveen Kaur held that this period can be waived if the separation has already been long and there is no hope of reunion. We can file a waiver application to expedite the process.

Step 4: Second Motion & Decree
If the waiver is granted or 6 months pass, the Second Motion is filed. The court records final statements and grants the Divorce Decree.

Impact of BNS (Adultery/Cruelty)
While Divorce is civil, related offenses like Cruelty (formerly 498A IPC) are now Section 85 of BNS. In Mutual Consent, parties usually agree to quash/withdraw all such criminal cases (Sec 85 BNS, Domestic Violence Act) as part of the settlement.

Peace of mind is priceless. Mutual Consent Divorce allows you to restart your life without years of litigation.