Under Section 13B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act, 1954, a divorce petition is jointly filed by a couple before the family court, declaring that the husband and wife are living separately for at least a year. The court must be satisfied that the parties have no interest in the marriage and agree that the marriage needs to be dissolved.

However, in case the divorce petition is withdrawn by the parties within six months of the mandatory waiting period, the court will not pass a decree of divorce. Under Article 142 of the Constitution, the Supreme Court can use its discretionary powers to do away with the waiting period.