Mutual Divorce Petition Format under Section 13B
A complete sample joint petition, with the affidavit, second motion and six-month waiver application, plus a free PDF.
Short answer: a mutual divorce petition is a joint petition by both spouses under Section 13B(1) of the Hindu Marriage Act, 1955, filed in the Family Court. It must state the date and place of marriage, that the spouses have lived separately for at least one year, that they cannot live together and mutually agree to divorce, the terms of their settlement, that consent is free and there is no collusion or delay, and why the court has jurisdiction. Each spouse signs it, verifies it and files a supporting affidavit.
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What a mutual divorce petition must contain
- Court and parties — the Family Court of the correct district, with both spouses as Petitioner No. 1 and Petitioner No. 2.
- Marriage details — date, place and ceremony, with the marriage certificate or wedding photographs as Annexure P-1.
- Separation — the date from which you have lived separately; at least one year before filing under Section 13B(1).
- Mutual consent — that you cannot live together and have both agreed to end the marriage.
- Settlement — alimony, stridhan, children, property and pending cases, usually through a separate settlement agreement / MoU.
- Section 23 statements — no force, fraud or undue influence, no collusion, no unnecessary delay.
- Jurisdiction — why this court can hear the case under Section 19 (place of marriage, last joint residence, or where the wife lives). See where to file in Delhi.
- Prayer, signatures and verification — both spouses sign, with an affidavit from each.
Sample joint petition under Section 13B(1) (First Motion)
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT
[DISTRICT], [COURT COMPLEX], NEW DELHI
HMA Petition No. ______ of 20__
IN THE MATTER OF:
Smt. [Name of wife], D/o [Father's name], aged about [__] years, R/o [full address] ... Petitioner No. 1
AND
Shri [Name of husband], S/o [Father's name], aged about [__] years, R/o [full address] ... Petitioner No. 2
JOINT PETITION UNDER SECTION 13B(1) OF THE HINDU MARRIAGE ACT, 1955 FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY MUTUAL CONSENT
MOST RESPECTFULLY SHOWETH:
- That the marriage between Petitioner No. 1 and Petitioner No. 2 was solemnised on [date] at [place] according to Hindu rites and ceremonies. The marriage was registered on [date] vide certificate no. [__] [delete if not registered]. A copy of the marriage certificate / wedding photographs is annexed as Annexure P-1.
- That both petitioners are Hindus by religion and were Hindus at the time of the marriage and continue to be so on the date of filing this petition.
- That after the marriage the petitioners lived together as husband and wife at [address of last joint residence]. [No child was born out of the wedlock.] OR [One child, namely [name], was born on [date], who is presently residing with [Petitioner No. __].]
- That due to differences in temperament and outlook, the petitioners could not live together. They have been living separately since [date], that is, for a period of more than one year immediately preceding the presentation of this petition, and have not cohabited as husband and wife since then.
- That the petitioners have not been able to live together, all efforts at reconciliation have failed, and they have mutually and voluntarily agreed that their marriage should be dissolved by a decree of divorce.
- That the petitioners have amicably settled all their claims against each other, including stridhan, dowry articles, maintenance, permanent alimony, custody of the child and all other claims, in terms of the Settlement Agreement / Memorandum of Understanding dated [date] annexed as Annexure P-2. Petitioner No. 2 has agreed to pay Petitioner No. 1 a total sum of Rs. [amount] towards full and final permanent alimony, of which Rs. [__] is paid at the time of the First Motion and Rs. [__] shall be paid at the time of the Second Motion. [Edit to match the actual settlement.]
- That the consent of the petitioners to this petition has not been obtained by force, fraud or undue influence.
- That there is no collusion between the petitioners in presenting this petition.
- That there has been no unnecessary or improper delay in instituting this petition.
- That no other petition or proceeding between the petitioners is pending before any court. OR [The following proceedings are pending: [details]. The petitioners have agreed to withdraw / seek quashing of the same as recorded in the Settlement Agreement.]
- That this Hon'ble Court has territorial jurisdiction to try and entertain this petition under Section 19 of the Hindu Marriage Act, 1955, as [the marriage was solemnised at __] / [the petitioners last resided together at __] / [Petitioner No. 1 presently resides at __], which falls within the jurisdiction of this Hon'ble Court.
- That the prescribed court fee has been affixed on this petition.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:
(a) pass a decree of divorce under Section 13B of the Hindu Marriage Act, 1955, dissolving the marriage solemnised between the petitioners on [date] by mutual consent; and
(b) pass any other order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
PETITIONER NO. 1 PETITIONER NO. 2
Through Counsel
Place: New Delhi Date: [__]
VERIFICATION
Verified at New Delhi on [date] that the contents of paragraphs 1 to 12 of the above petition are true and correct to our knowledge and belief, no part of it is false and nothing material has been concealed therefrom.
PETITIONER NO. 1 PETITIONER NO. 2
Affidavit, second motion and waiver formats
Open each format below. They follow the same numbering and party names as the petition above.
Supporting affidavit (one for each petitioner)
AFFIDAVIT
I, [Name], [D/o / S/o] [Father's name], aged about [__] years, R/o [address], do hereby solemnly affirm and declare as under:
- That I am Petitioner No. [1/2] in the accompanying petition and am well conversant with the facts of the case.
- That the accompanying joint petition under Section 13B(1) of the Hindu Marriage Act, 1955 has been drafted under my instructions, and its contents have been read over and explained to me in the language I understand. The contents are true and correct.
- That I have given my consent to the petition freely and voluntarily, without any force, fraud or undue influence.
DEPONENT
VERIFICATION
Verified at New Delhi on [date] that the contents of the above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.
DEPONENT
Second Motion under Section 13B(2)
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, [DISTRICT], NEW DELHI
HMA Petition No. ______ of 20__
[Name of Petitioner No. 1] ... Petitioner No. 1 | [Name of Petitioner No. 2] ... Petitioner No. 2
JOINT STATEMENT / MOTION UNDER SECTION 13B(2) OF THE HINDU MARRIAGE ACT, 1955 (SECOND MOTION)
- That the petitioners filed the joint petition under Section 13B(1) on [date], and their statements at the First Motion were recorded on [date].
- That more than six months [OR: the period as waived by this Hon'ble Court vide order dated __] have elapsed, and the petitioners have not withdrawn the petition.
- That the petitioners have not cohabited since the First Motion, there is no possibility of reconciliation, and both petitioners continue to consent to the dissolution of their marriage.
- That the terms of the Settlement Agreement dated [date] have been complied with up to this stage, including payment of Rs. [__], and the balance of Rs. [__] is being paid today by [mode].
PRAYER: It is prayed that this Hon'ble Court may be pleased to pass a decree of divorce dissolving the marriage between the petitioners under Section 13B(2) of the Hindu Marriage Act, 1955.
PETITIONER NO. 1 PETITIONER NO. 2
Application for waiver of the six-month period
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, [DISTRICT], NEW DELHI
HMA Petition No. ______ of 20__
APPLICATION ON BEHALF OF THE PETITIONERS FOR WAIVER OF THE STATUTORY PERIOD OF SIX MONTHS UNDER SECTION 13B(2) OF THE HINDU MARRIAGE ACT, 1955
- That the petitioners filed the accompanying petition, and their First Motion statements were recorded on [date].
- That the petitioners have been living separately since [date], that is, for more than [__] years. The statutory period of six months under Section 13B(2), in addition to the one-year separation under Section 13B(1), is already over.
- That all efforts at mediation and reconciliation have failed [mediation report dated __, if any], and there is no likelihood of the petitioners living together again.
- That the petitioners have genuinely settled all their differences, including alimony and [custody of the child], as recorded in the Settlement Agreement dated [date].
- That waiting for a further period would only prolong the agony of the petitioners. In the facts of the case, the petitioners pray for waiver of the waiting period in terms of the law laid down by the Hon'ble Supreme Court in Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746.
PRAYER: It is prayed that this Hon'ble Court may be pleased to waive the statutory period of six months under Section 13B(2) of the Hindu Marriage Act, 1955, take up the Second Motion forthwith, and pass a decree of divorce.
PETITIONER NO. 1 PETITIONER NO. 2
Documents to attach
- Marriage certificate, or wedding invitation card and photographs
- Identity and address proof of both spouses (Aadhaar, passport, voter ID)
- Recent passport-size photographs of both spouses
- Settlement agreement / MoU, signed by both
- Affidavit of each spouse
- Details of any pending cases between you, and how they will be closed
- For a spouse abroad: a Special Power of Attorney and passport copy
The full checklist is in our documents required for mutual divorce guide.
Which section applies to your marriage?
| Marriage law | Section | Separation before filing |
|---|---|---|
| Hindu Marriage Act, 1955 (Hindus, Sikhs, Jains, Buddhists) | Section 13B | 1 year |
| Special Marriage Act, 1954 (court / inter-faith marriages) | Section 28 | 1 year |
| Divorce Act, 1869 (Christian marriages) | Section 10A | 2 years |
| Parsi Marriage and Divorce Act, 1936 | Section 32B | 1 year |
More on each law: mutual divorce under Indian marriage laws.
How the petition moves through court
- Filing and First Motion — the petition is presented and both spouses' statements are recorded. First Motion guide.
- Waiting period — ordinarily six months, which the court may waive in a suitable case. Waiver guide.
- Second Motion and decree — both spouses confirm consent and the court passes the decree. Second Motion guide.
The full sequence, with timelines, is in the mutual divorce process and Section 13B guides.
Common mistakes that delay the case
- Filing in a court that has no jurisdiction under Section 19.
- A separation date that does not show one full year before filing.
- Alimony or custody terms that are vague, or that differ between the petition and the MoU.
- Not disclosing pending cases (498A, maintenance, DV) or how they will be closed.
- Unsigned or unverified pages, or affidavits that don't match the petition.
Frequently asked questions — mutual divorce petition
A mutual divorce petition is a joint petition by both spouses under Section 13B(1) of the Hindu Marriage Act, 1955. It names the court, sets out the date and place of marriage, the date from which the spouses have lived separately (at least one year), states that they cannot live together and mutually agree to divorce, records the settlement, confirms there is no force, fraud, collusion or delay, states jurisdiction under Section 19, and prays for a decree of divorce. It is verified and supported by an affidavit from each spouse.
You can use a sample to understand the contents, but the petition must match your court, marriage law and settlement, and it is filed and argued before the Family Court. Errors in jurisdiction, separation dates or settlement terms commonly cause adjournments or objections.
Typically the marriage certificate or wedding photographs and invitation card, identity and address proof of both spouses, recent photographs, the settlement agreement or MoU, an affidavit from each spouse, and details of any pending cases. Courts may ask for more depending on the facts.
No. A marriage registered under the Special Marriage Act, 1954 uses a joint petition under Section 28 of that Act. Christian marriages use Section 10A of the Divorce Act, 1869, which requires two years of separation. The structure is similar, but the section, eligibility and court must match the law under which the marriage was solemnised.
Under Section 13B(2), the second motion is made not earlier than six months and not later than eighteen months after the petition is presented, unless the court waives the six-month period. Both spouses must still consent at that stage.
At MutualDivorce.co.in, a fully settled mutual divorce in a Delhi family court starts at ₹31,000. That covers drafting the joint petition and affidavits, filing, and both motions.
Sample format for general information only, based on Hindu Marriage Act, 1955 practice before Delhi Family Courts. Courts and districts follow different practice directions, and every petition must be adapted to the facts, the applicable marriage law and the settlement.
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