Family

Joint Petition for Divorce by Mutual Consent under Section 13-B of the Hindu Marriage Act

A joint petition for dissolution of marriage by a decree of divorce by mutual consent is a no-fault petition filed by both spouses together. It seeks to dissolve the marriage based on their mutual agreement that they have been living separately for the statutory period and cannot live together.

This document is the first-motion petition filed under Section 13-B(1) of the Hindu Marriage Act, 1955, before the Principal Judge of the Family Court. It initiates the two-stage process for mutual consent divorce, which requires a subsequent second motion under Section 13-B(2) for the final decree.

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Governing law
Hindu Marriage Act 1955, s.13-B (read with the Family Courts Act 1984)
Sections
s. 13-Bs. 13-B(1)s. 13-B(2)s. 23
Filed before
Family Court (Court of the Ld. Principal Judge, Family Court)

When this is the right filing

  • When both spouses mutually agree to dissolve their marriage and have been living separately for the period required under Section 13-B.
  • When the parties wish to file a no-fault petition without pleading grounds such as cruelty, adultery, or desertion.
  • When the marriage was solemnised under the Hindu Marriage Act and the Family Court has jurisdiction under Section 19 of the Act.
  • Do not use this petition if the divorce is contested or based on fault grounds; a petition under Section 13 of the Hindu Marriage Act is the appropriate filing in that case.

What the court looks for

  • Averments that mutual consent is free and not vitiated by force, fraud, or undue influence.
  • A statement that the petition is not presented in collusion and there is no unnecessary or improper delay.
  • Confirmation that no other proceeding regarding the marriage is pending in any court.
  • Pleading of the fact of separation and the breakdown of the marriage in neutral, consent-based terms.
  • Verification that the court fee has been affixed and jurisdiction under Section 19 is properly invoked.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1In the court of ld. principal judge, family court, district, ,
  2. 2Prayer
  3. 3Verification
How it opens
1. That the deponent is Petitioner No. 1 in the above-noted case and is well conversant with the facts and circumstances of the present case and is competent to swear the present affidavit.

Bracketed items are filled from your case.

Frequently asked questions

What is the difference between the first motion and second motion under Section 13-B?

The first motion under Section 13-B(1) is the initial joint petition where the parties record their mutual consent and statements before the court. The second motion under Section 13-B(2) is moved after the statutory cooling-off period, where consent is reaffirmed and the decree of divorce is passed.

Can the cooling-off period under Section 13-B(2) be waived?

The cooling-off period may be waived by the court in certain circumstances. If a waiver is sought, the petition should include a conditional averment specifically pleading the grounds for waiver, and a corresponding prayer limb should be added.

Why is there no respondent in this petition?

A mutual consent divorce is a joint petition by both spouses, making them Petitioner No. 1 and Petitioner No. 2. Since there is no adversarial party, the cause title joins their names with 'AND' instead of 'VERSUS', and no respondent is named.

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