Legal Help for Family Matters: Mutual Divorce, Marriage Registration & Wills

Under Section 13B of the Hindu Marriage Act, 1955, a couple who have lived separately for at least one year and both agree to end the marriage can file together. The Special Marriage Act, 1954 has a similar one-year rule, but other laws differ: for example, Christian couples under the Divorce Act, 1869 must have lived separately for at least two years.

Not always. The Supreme Court has held that a family court can waive the six-month cooling-off period in suitable cases (Amardeep Singh v. Harveen Kaur, 2017). In Shilpa Sailesh v. Varun Sreenivasan (2023), a Constitution Bench also held that the Supreme Court itself can waive it in appropriate cases.

No. Registration is optional in India. For most people, under the Indian Succession Act, 1925, a will must be in writing, signed by the person making it, and attested by two witnesses. Registration can still make it harder to challenge later. Wills made by Muslims are governed by Muslim personal law instead, which has different rules, including a general limit of one-third of the estate.

Usually under the Hindu Marriage Act or the Special Marriage Act, depending on the couple. The Special Marriage Act requires a 30-day public notice before the marriage is registered.