How the two motions work
A mutual consent petition is presented jointly. On the first motion, the court records the statements of both parties confirming that they have lived separately for at least a year, have not been able to live together, and have freely agreed to dissolve the marriage.
The second motion follows after the statutory interval, when the court satisfies itself that the consent still stands and passes the decree. If either party withdraws consent before the second motion, the petition fails: consent must subsist right up to the decree.
When the waiting period can be waived
The Supreme Court in Amardeep Singh held that the period under Section 13B(2) is directory rather than mandatory, and set out the considerations a court applies.
What the waiver is actually worth
Where it is granted, a mutual consent divorce that would have run twelve to eighteen months can conclude in two or three. For parties who separated years ago and simply want the formality completed, that is a meaningful difference.
Where it is refused, nothing is lost beyond the application itself. Our usual advice, where the facts support it, is to file the waiver application alongside the first motion rather than waiting, so the question is decided early rather than adding a further date at the end.