Mutual Consent Divorce in Hyderabad: Step by Step Under Section 13B
A divorce by mutual consent is the route when both spouses agree that the marriage should end and have settled, or are ready to settle, maintenance, custody and property between them. For Hindu marriages it is governed by section 13B of the Hindu Marriage Act, 1955. This guide explains the conditions, the two motions, when the six-month waiting period can be waived, where to file in Hyderabad, and what to agree before you file.
Conditions · Where to file · What to agree first · Step by step · Waiving the six months · Documents · Other laws
The conditions under section 13B
Both spouses present a joint petition stating:
- that they have been living separately for 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.
“Living separately” does not necessarily mean living in different houses; what matters is that the spouses have not been living as husband and wife (Sureshta Devi v. Om Prakash, Supreme Court, 7 February 1991). Whether your situation meets the condition is worth checking with a lawyer before filing.
Where to file in Hyderabad
Section 19 of the Hindu Marriage Act allows the petition in the District Court where the marriage was solemnized, where the respondent resides, or where the parties last resided together; where the wife is the petitioner, she can also file where she is residing. Where a Family Court has been set up for the area, the petition goes to the Family Court instead (Family Courts Act, sections 7 and 8).
- Hyderabad: the Principal, I Additional and II Additional Family Courts sit in the Integrated Courts on Family Disputes complex, Kalpataru Building, Purani Haveli, Chatta Bazar, Hyderabad 500002.
- Ranga Reddy: a Family Court and an Additional Family Court at L.B. Nagar, and the VI Additional District Judge-cum-Additional Family Court, Cyberabad, at Kukatpally.
As listed on the official court websites, checked on 25 October 2026. Check the court allocation for your area before filing. See the Hyderabad Legal Help Directory.
What to agree before you file
A mutual consent petition works best when the terms are settled in writing first. The usual points are:
- Alimony or maintenance: whether a lump sum or periodical payment is to be made, and how it will be paid. The court can award permanent alimony as a gross sum or a periodical sum (Hindu Marriage Act, section 25).
- Children: custody, access and the children’s maintenance and education. The court can make orders on the custody, maintenance and education of minor children, consistently with their wishes wherever possible (section 26).
- Streedhan, jewellery and property: who keeps what, and the return of articles.
- Pending cases: whether any maintenance, domestic violence or criminal cases between the parties are to be withdrawn or closed, and how. Some cases cannot be closed by agreement alone; take advice on how each one can lawfully be ended.
The Family Court is required to endeavour, in the first instance, to help the parties reach a settlement, and the State provides counsellors to assist Family Courts (Family Courts Act, sections 6 and 9).
Step by step
- First motion: the spouses file the joint petition under section 13B(1), with their settlement terms, before the competent Family Court.
- Waiting period: the second motion can be made not earlier than six months after the petition is presented (section 13B(2)). The Supreme Court has described this period as time for the parties to reflect (Sureshta Devi v. Om Prakash, 1991).
- Second motion: both spouses move the court again, not earlier than six months and not later than eighteen months after the petition was presented, confirming that they still consent.
- Decree: if the court is satisfied, after hearing the parties and making the inquiry it thinks fit, that the marriage was solemnized and that the averments in the petition are true, it passes a decree of divorce.
Either spouse can withdraw consent before the decree. If one spouse does not come forward for the second motion, the mutual consent petition cannot proceed to a decree on that basis (Sureshta Devi v. Om Prakash, 1991).
Can the six-month waiting period be waived?
Yes, in appropriate cases. In Amardeep Singh v. Harveen Kaur (Supreme Court, 12 September 2017), the Court held that the six-month period in section 13B(2) is directory, not mandatory, and can be waived where the conditions set out in the judgment are met. An application for waiver can be filed one week after the first motion. The waiver is decided by the court hearing the petition.
In Shilpa Sailesh v. Varun Sreenivasan (Constitution Bench, 1 May 2023), the Supreme Court held that it has discretion under Article 142 of the Constitution to grant divorce by mutual consent, where the parties have settled, without the procedural requirement of the second motion. That power belongs to the Supreme Court, not to the Family Court.
Documents to keep ready
- the marriage certificate, wedding invitation or photographs;
- proof of address of both spouses, and of where you last lived together;
- material showing that you have been living separately for one year or more;
- the written settlement terms, and details of any payment;
- children’s birth certificates, if any;
- income and asset details, which are relevant to any alimony agreed;
- details of any pending case between the parties.
Mutual consent under other laws
- Special Marriage Act, 1954: marriages under this Act have their own provision for divorce by mutual consent (section 28).
- Muslim personal law: in Shayara Bano (2017), Chief Justice Khehar’s opinion described mubaraat as divorce by mutual consent and khula as divorce at the instance of the wife. Talaq-e-biddat (triple talaq) is void and illegal under the Muslim Women (Protection of Rights on Marriage) Act, 2019.
For contested divorce, maintenance and custody, see family and divorce matters in Hyderabad. If there is violence at home, read the domestic violence guide first.
Frequently asked questions
How long does a mutual consent divorce take in Hyderabad?
The second motion can be made not earlier than six months and not later than eighteen months after the joint petition is presented, under section 13B(2) of the Hindu Marriage Act. In appropriate cases the six-month period can be waived, as held in Amardeep Singh v. Harveen Kaur (2017).
Do we have to live separately before filing?
Yes. Section 13B(1) requires the spouses to have been living separately for one year or more before presenting the joint petition. This need not mean separate houses; what matters is that you have not lived as husband and wife.
Where do we file a mutual consent divorce in Hyderabad?
Where a Family Court has been set up for the area, in the Family Court. As listed on the official court websites, Hyderabad’s family courts are in the Kalpataru complex at Purani Haveli; Ranga Reddy district has family courts at L.B. Nagar and an Additional Family Court for Cyberabad at Kukatpally.
Can one spouse withdraw consent after the first motion?
Yes. Consent can be withdrawn before the decree, and the petition cannot then proceed to a decree by mutual consent.
Can the six-month cooling-off period be skipped?
It can be waived in appropriate cases where the conditions in Amardeep Singh v. Harveen Kaur are met, and a waiver application can be filed one week after the first motion.
What should the settlement cover?
Usually alimony or maintenance, custody and access to children, streedhan and property, and the closure of any pending cases between the parties.
For a discussion about a divorce with Musab Hashmi & Associates, call +91 89771 24916 or send an enquiry. Do not include identity numbers or copies of documents in the first message.
General legal information, not legal advice. Checked on 25 October 2026 against the Hindu Marriage Act, 1955, the Family Courts Act, 1984, the Supreme Court judgments cited (including Sureshta Devi v. Om Prakash, 1991), and the official Hyderabad Integrated Family Courts and Ranga Reddy district court websites.