Where both spouses agree that the marriage should end, Section 13B of the Hindu Marriage Act, 1955 provides a quicker and less contentious route than a contested divorce.
Requirements
- the parties have been living separately for at least one year;
- they have not been able to live together;
- they have mutually agreed that the marriage should be dissolved.
The procedure
- First motion: a joint petition is filed before the Family Court and statements of both parties are recorded.
- Second motion: after six months, and not later than eighteen months, the parties confirm their consent and the court passes the decree.
Waiver of the six months
In Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746, the Supreme Court held that the six-month period is directory, not mandatory. The court may waive it where the statutory one-year separation is complete, all issues including alimony and custody are settled, and there is no chance of reconciliation.
What the settlement should cover
- permanent alimony and its mode of payment;
- custody of and access to children;
- return of stridhan and other belongings;
- withdrawal of all pending cases between the parties.
This article is general information on the law as it stood when written. It is not legal advice. Every service matter turns on its own service record, rules and orders, which should be examined before any step is taken.