By S&S Co. Advocates & Solicitors · Published 28 September 2026 · Informational content, not legal advice: see our disclaimer
Overview
A practical guide for couples pursuing an uncontested divorce, distinct from this site's existing broader family law guide, focused specifically on the Section 13B two-motion procedure and when courts will waive the mandatory six-month waiting period between motions.
What You Need to Know
- Section 13B(1) of the Hindu Marriage Act, 1955 allows spouses to jointly petition for divorce on the ground that they have lived separately for at least one year, have been unable to live together, and have mutually agreed the marriage should be dissolved
- Section 13B(2) requires a second, joint motion reaffirming the parties' consent, which cannot ordinarily be moved before six months have elapsed from the first motion, and must be made within eighteen months of the first motion, failing which the petition lapses
- In Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746, the Supreme Court held that the six-month waiting period under Section 13B(2) is directory, not mandatory, and can be waived by a court in an appropriate case
- Courts have identified conditions relevant to granting a waiver: the parties have genuinely settled all ancillary issues (alimony, custody, streedhan, property), mediation and reconciliation efforts have failed, and there is no realistic possibility of the parties reconciling, so that prolonging the wait would serve no purpose beyond further hardship
- A waiver is not automatic: the parties must file a specific application seeking waiver of the statutory period and satisfy the court that the above conditions are met on the facts of their case
- Couples should ensure the first-motion petition and any settlement agreement clearly and comprehensively record how alimony, custody, and division of property/streedhan have been resolved, since an incomplete settlement is a common reason courts decline to waive the waiting period
Frequently Asked Questions
What are the two motions required under Section 13B?
A first motion joint petition, followed by a mandatory statutory interval before a second motion at which both parties confirm they still consent, before the court grants the decree.
Can the cooling-off period between the two motions be waived?
Yes: the Supreme Court has held the interval is directory, not mandatory, and can be waived by the court in appropriate cases where the marriage is truly irretrievably broken down and all other terms are settled.
Can either party unilaterally withdraw consent before the second motion?
Yes: mutual consent must subsist through both motions, and either party can withdraw consent up to the second motion, which will keep the petition from being decreed on that basis.
References & Further Reading
This guide references the following statutes, rules and sources, cross-checked at the time of writing.
- Section 13B(1)/(2) one-year separation, six-month minimum gap and eighteen-month outer limit between motions: well-settled statutory framework, confirmed via Drishti Judiciary and multiple practitioner explainers at research time
- Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746 holding the six-month period directory and waivable: confirmed via LiveLaw and multiple practitioner sources at research time
- Waiver conditions (complete ancillary settlement, failed reconciliation, no possibility of resumption of cohabitation): consistently described across multiple practitioner sources at research time as the criteria courts apply, though courts retain discretion and outcomes vary by bench: present as guiding factors rather than a fixed checklist
- See also our Family Law Notable Judgments and Legal Updates: Family Law archive.