Divorce petition, contested (s.13 HMA)
One spouse's petition for divorce on the grounds of section 13(1) (cruelty, desertion, adultery and others) or 13(1A), with the statements the Act asks for.
Opens Dastavo with this paper ready to fill, on this computer or in the app. No account needed.
iPhone and iPad: coming to the App Store · Android: coming to Google Play
Not yet reviewed by a lawyer. Check every line before it is signed.
How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
IN THE COURT OF Principal Judge, Family Court, Amarnagar
HMA Petition No. ______ of 2026
Versus
PETITION UNDER SECTION 13 OF THE HINDU MARRIAGE ACT, 1955 FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE
Respectfully Showeth:
1.That the marriage between the petitioner and the respondent was solemnised on 25-11-2012 at Amarnagar, according to Hindu rites and ceremonies. Both parties are governed by the Hindu Marriage Act, 1955.
2.That the following child was born of the marriage:
| No. | Name | Date of birth | Living with |
|---|---|---|---|
| 1 | Aarav Sharma | 19-08-2014 | the petitioner (mother) |
3.That after the marriage the parties lived together as husband and wife, last at House No. 7, Basant Vihar, Amarnagar, and they have been living apart since 10-04-2023.
4.That the petitioner seeks the dissolution of the marriage by a decree of divorce on the following grounds:
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- Proof of the marriage: the marriage certificate if it was registered, otherwise the wedding card and photographs of the ceremony
- Aadhaar card or another photo identity proof, with proof of the present address (photocopies; the originals to show)
- The other spouse's full present address (and phone number, if known), for the court's notice
- Birth certificates of the children, if any (photocopies)
- Papers that support each ground, with dates: medical records, police complaints or DDR entries, messages and letters, and the names and addresses of witnesses
- Copies of the petitions and orders in any earlier or pending case between you: maintenance, domestic violence, an FIR or another petition
- Passport-size photographs, usually two or three
Where to go
Filed through an advocate in the Family Court (or the District Judge where there is none) of the district where you married, where the other spouse lives, where you last lived together or, for a wife, where she now lives. The court usually sends the parties to mediation or counselling first.
Fee
Court fee and welfare stamps, where needed, are put on as the court office directs; ask the counter for today's amounts. The advocate's fee is separate.
Good to know
- A divorce petition cannot be filed within one year of the marriage unless the court allows it for exceptional hardship (Section 14).
- If both of you agree, a mutual-consent divorce (Section 13-B) is usually quicker: see "Mutual-consent divorce, first motion".
- Maintenance and the costs of the case can be asked while it is pending: see "Interim maintenance and litigation expenses (s.24 HMA)".
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Court fee on this petition or application is set by the state's court-fee law; affix the court-fee stamps (or the e-court-fee receipt) and any welfare stamps as the court office directs.