First Motion in Mutual Divorce

The first motion is the opening court stage of a mutual-consent divorce petition. Under Section 13B(1) of the Hindu Marriage Act, 1955, both spouses jointly present the petition on the stated basis that they have lived separately for the required period, have not been able to live together and mutually agree that the marriage should be dissolved. Other marriage laws have their own provisions.

First-motion preparation at a glance

1. Confirm the applicable marriage law, eligibility and court jurisdiction.
2. Resolve and accurately record the settlement terms.
3. Collect the petition, affidavits and supporting documents required by the court.
4. File jointly and complete statements or verification according to court procedure.
5. Preserve the first-motion order and compliance records for the later stage.

1. Confirm eligibility and the correct court

Under Section 13B(1) of the Hindu Marriage Act, the joint petition proceeds on the basis that the spouses have been living separately for the statutory period, have not been able to live together and mutually agree that the marriage should be dissolved. “Living separately” and the filing forum are legal questions that should be checked against the facts rather than assumed from addresses alone.

The correct court may depend on matters such as where the marriage was solemnised, where the respondent resides, where the parties last resided together and other statutory jurisdiction rules. See the marriage-laws overview and, for Delhi matters, the Delhi filing guide.

2. Finalise the settlement before filing

A mutual petition works best when the settlement is specific, workable and understood by both spouses. Depending on the case, it may address alimony or maintenance, property and articles, loans, child custody and expenses, withdrawal or quashing of connected proceedings, and the timing of each obligation. A written settlement does not remove the requirement of continuing, voluntary consent at the relevant stage.

Use the detailed mutual-divorce MoU guide, alimony guide, child-custody guide and joint-loans guide for the individual issues.

3. Prepare the joint petition and documents

The required set varies by court and circumstances. Common categories include proof of marriage, identity and address documents, photographs, the settlement document, and supporting records for financial, child-related or connected-case terms. Overseas parties may need additional identity, authority and attestation documents.

Review the documents checklist before filing. The registry or court may require corrections or additional material in a particular case.

4. Court scrutiny and statements

At the first-motion stage, the court considers the joint petition and records the parties' statements according to its procedure. It may examine identity, jurisdiction, voluntary consent, the possibility of reconciliation and whether the settlement addresses the relevant issues. Filing the petition or completing first motion does not itself dissolve the marriage.

5. What follows the first motion?

Section 13B(2) provides the ordinary timing framework for the later motion. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month period is directory rather than invariably mandatory. A court may exercise discretion to waive it after considering the facts; waiver is not automatic and no advocate can guarantee it.

For a focused explanation, read the cooling-off waiver page. The statutory pre-filing separation requirement and the post-filing cooling-off period are distinct questions.

6. Continuing consent and the second motion

The parties must continue to consent when the second motion is considered. The court evaluates the request and, if the legal requirements are satisfied, may pass the decree. If consent is withdrawn before the decree, the joint route may not proceed as planned; obtain case-specific advice before taking another step.

7. Practical safeguards

Keep copies of the filed petition, settlement, statements, court order and proof of any payment or compliance. If a spouse is overseas, do not assume that video conferencing, a power of attorney or zero travel will automatically be allowed; procedure depends on the court, applicable rules and case-specific directions.

How Section 13B fits

Section 13B contains the statutory framework commonly described as the first and second motions. Read the focused Section 13B guide, together with the cost guide and timeline guide.

Primary sources

• Section 13B, Hindu Marriage Act, 1955 (India Code)
• Amardeep Singh v. Harveen Kaur, Supreme Court of India (2017)

Frequently asked questions — First Motion