• Dr. Jaswinder

Divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 provides a relatively conciliatory path for spouses to dissolve a marriage without proving fault. Introduced by the 1976 Amendment, the provision seeks to balance individual autonomy, social stability, and protection against hasty decisions. This paper critically examines the statutory scheme, procedural safeguards, advantages and limitations of mutual consent divorce in India. Particular focus is placed on the “cooling off period,” the requirement of separation, issues of fairness and power balance between spouses, recent jurisprudence and suggestions for reform.

Divorce, Mutual Consent, Cooling off Period, Hindu Marriage, Legal Framework.

"DIVORCE BY MUTUAL CONSENT UNDER THE HINDU MARRIAGE ACT, 1955: AN ANALYSIS", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.12, Issue 7, page no.h548-h554, July-2025, Available :http://www.jetir.org/papers/JETIR2507772.pdf

"DIVORCE BY MUTUAL CONSENT UNDER THE HINDU MARRIAGE ACT, 1955: AN ANALYSIS", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.12, Issue 7, page no. pph548-h554, July-2025, Available at : http://www.jetir.org/papers/JETIR2507772.pdf