For a divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955, three things must be true. The couple must have lived apart for at least one year. They must not have been able to live together. And both must agree the marriage should end. It happens in two court appearances, called the first and second motion.
First motion
Both of you file one petition together in the Family Court. Both of you appear, your statements are recorded, and the judge checks that you are agreeing freely — not because of force, cheating or pressure. The case is then adjourned.
The statutory interval
Section 13B(2) says the second appearance cannot be earlier than six months after the first, and not later than eighteen months. The gap is there to give you time to think, and to make up if that is still possible.
Second motion
Both of you appear again and confirm you still agree. If you do, and the judge is satisfied that what you said is true, the divorce is granted. Either of you can take back your consent any time before that order. That is exactly why the whole settlement should be finished and written down before the first appearance, not argued over during the gap.
When the six months can be waived
In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court said the six months is a guideline, not a hard rule, and that the Family Court can skip it when:
- you had already lived apart for the full one year before the first appearance;
- mediation and every attempt to patch things up has failed, with no chance left;
- you have genuinely settled everything — alimony, child custody and anything else still open; and
- waiting longer would only stretch out the pain for both of you.
You ask for this by filing a separate application, usually along with the first appearance or soon after. The judge does not have to allow it, and will refuse if the settlement is not complete.
What must be settled beforehand
A mutual consent case that leaves questions open usually falls apart during the gap. Before the first appearance, put all of this in writing and agree it: how much alimony and how it will be paid; who the children live with, who is their guardian, and exact visiting days; how movable property and jointly owned assets are divided; the return of streedhan; and what happens to any other case pending between you, civil or criminal.
Realistic timeline
If the settlement is complete and both of you cooperate, the Family Court at Coimbatore usually finishes it in about six to nine months. If the waiting period is skipped, it can be over in two or three. If one of you takes back consent after the first appearance, the case fails. It can then only go on as a contested divorce, which is a much longer road.