Mutual Consent Divorce Petition Format (Section 13B HMA)

Q: What is mutual consent divorce under Section 13B?

Section 13B of the Hindu Marriage Act, 1955 allows a husband and wife to seek divorce by mutual consent on the ground that they have been living separately for one year or more and have mutually agreed that the marriage should be dissolved. Comparable provisions exist under other personal and special marriage laws.

Q: What is the two-motion process?

The parties file a joint petition (the first motion). After a statutory period the court records their statements, and on the second motion — filed after the cooling-off period and within 18 months of the first motion — the court passes the decree of divorce if consent subsists.

Q: Can the six-month cooling-off period be waived?

Yes. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month period under Section 13B(2) is directory, not mandatory, and can be waived by the court in appropriate cases where the parties have genuinely settled all issues.

Q: What must the petition state?

The petition should state the date and place of marriage, that the parties have been living separately for the required period, that they cannot live together, that they have freely consented, and the terms of settlement regarding maintenance, custody of children, and return of belongings (streedhan).

Mutual consent divorce is the quickest route when both spouses agree. It moves in two motions with a settlement on maintenance, custody, and belongings. Below is how the process works, what the petition must state, and a ready template.

What is mutual consent divorce?

Section 13B of the Hindu Marriage Act, 1955 lets a husband and wife seek divorce by mutual consent where they have been living separately for one year or more and have agreed that the marriage should be dissolved. Similar provisions exist under the Special Marriage Act and other personal laws.

The two-motion process

First motion: the parties file a joint petition; the court records their statements.
Cooling-off period: Section 13B(2) provides for six months, which the Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held is directory and can be waived where issues are genuinely settled.
Second motion: filed after the cooling-off period and within 18 months of the first motion; if consent subsists, the court passes the decree.

What the petition must state

Date and place of marriage and that it was solemnised as per applicable rites.
That the parties have been living separately for the required period.
That they cannot live together and have freely consented.
The settlement terms — permanent alimony/maintenance, custody of children, and return of streedhan/belongings.

Mutual consent divorce petition template

IN THE FAMILY COURT AT ____________ (or) IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, ____________ H.M.O.P. No. ______ of 20____ 1. ____________________ (Husband), aged ___, r/o ____________ 2. ____________________ (Wife), aged ___, r/o ____________ ... Petitioners JOINT PETITION FOR DIVORCE BY MUTUAL CONSENT U/s 13B OF THE HINDU MARRIAGE ACT, 1955 The petitioners respectfully submit: 1. That the marriage between the petitioners was solemnised on __________ at ____________ as per Hindu rites and customs. 2. That the petitioners have been living separately since __________ and have not been able to live together. 3. That the parties have mutually and voluntarily agreed that the marriage be dissolved, and there is no coercion or undue influence. 4. That the parties have settled all issues of maintenance, custody, and belongings as follows: ____________________. PRAYER: It is prayed that a decree of divorce by mutual consent be granted dissolving the marriage between the petitioners. Place: ____________ __________________ __________________ Date: ____________ Petitioner 1 Petitioner 2

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Frequently asked questions

What is mutual consent divorce under Section 13B?

A divorce sought jointly by both spouses who have lived separately for a year or more and agree the marriage should be dissolved, under Section 13B of the Hindu Marriage Act, 1955.

What is the two-motion process?

A joint petition (first motion), then, after the cooling-off period and within 18 months, the second motion on which the decree is passed if consent subsists.

Can the six-month cooling-off period be waived?

Yes — in Amardeep Singh v. Harveen Kaur (2017) the Supreme Court held it is directory and can be waived where the parties have genuinely settled all issues.

What must the petition state?

Marriage details, the period of separation, free consent, and the settlement on maintenance, custody, and belongings.