Mutual-consent divorce, first motion (s.13B(1) HMA)

The joint petition both spouses file to start a mutual-consent divorce.

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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, Shantipur

Anil Verma son of Shri Ramesh Verma, aged about 31 years, resident of House No. 204, Sector 9, Shantipur, District Shantipur, Haryana

…Petitioner No. 1 (Husband)

AND

Neha Verma wife of Shri Anil Verma, aged about 28 years, resident of House No. 204, Sector 9, Shantipur, District Shantipur, Haryana

…Petitioner No. 2 (Wife)

PETITION UNDER SECTION 13-B OF THE HINDU MARRIAGE ACT, 1955 FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY MUTUAL CONSENT

Respectfully Showeth:

1.That the marriage between the petitioners was solemnised on 14-02-2021 at Shantipur according to Hindu rites and ceremonies.

2.That no child was born of the marriage.

3.That the petitioners last resided together at House No. 204, Sector 9, Shantipur, within the jurisdiction of this Court, and have been living separately since 01-06-2024, that is, for more than one year.

4.That because of differences in temperament, the petitioners have not been able to live together, and there is no possibility of their reconciliation. They have mutually agreed that their marriage should be dissolved.

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
Both spouses' Aadhaar cards or other photo identity proofs, with proof of the present address (photocopies; the originals to show)
Any proof that you have lived apart for a year or more, as the Act requires before filing: a rent deed, letters, or earlier case papers
Birth certificates of the children, if any (photocopies)
The settlement in writing (see "Divorce settlement terms"), with the drafts or bank details for any amount paid now
Copies of any other cases between you that are to be withdrawn
Passport-size photographs of both spouses, usually two or three each

Where to go

Filed jointly through an advocate in the Family Court (or the District Judge where there is none) of the district where you married, where you last lived together, or where the wife now lives; both spouses then make their first-motion statements.

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

Both spouses must come in person, with their original identity proofs, to make their statements before the judge.
The second motion follows after six months (and within eighteen); the court can waive the wait: see "Waiver of the six-month period (Amardeep Singh)".
Either spouse may withdraw consent before the decree; keep to the settlement exactly as agreed.

Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.

Stamp paper

Court fee and welfare stamps, where needed, are affixed as the court office directs.