Mutual-consent divorce, second motion (s.13B(2) HMA)
The joint statement after the waiting period, asking for the divorce decree.
Opens Dastavo with this paper ready to fill, on this computer or in the app. No account needed.
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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
HMA Petition No. 88 of 2026
AND
JOINT STATEMENT / SECOND MOTION UNDER SECTION 13-B(2) OF THE HINDU MARRIAGE ACT, 1955
Respectfully Showeth:
1.That the statements of the petitioners on the first motion were recorded by this Court on 10-04-2026.
2.That more than six months have passed since then, and the petition has not been withdrawn.
3.That the petitioners have not lived together since, and there is no possibility of reconciliation. Both petitioners reaffirm their free consent to the dissolution of their marriage.
4.That the settlement has been acted upon: ₹6,00,000 has been paid to the wife by demand drafts.
PRAYER:
It is, therefore, respectfully prayed that a decree of divorce by mutual consent may kindly be passed, dissolving the marriage of the petitioners with effect from the date of the decree.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- The petition number and the date the first motion was recorded (a copy of that order, if the court asks)
- Proof that the settlement has been carried out: bank-transfer records, receipts or drafts for the amounts paid, and the signed list of the stridhan returned
- Both spouses' Aadhaar cards or other photo identity proofs, with proof of the present address (photocopies; the originals to show)
- The order waiving the six months, if the court waived them
- Drafts for any balance that is to be paid at this stage
Where to go
Filed jointly in the same Family Court under the petition's number; both spouses appear and make their statements, and the court then decides whether to pass the decree.
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
- The second motion is moved not earlier than six months and not later than eighteen months after the petition was filed, unless the court has waived the wait.
- Both spouses must come in person, with their original identity proofs, to make their statements before the judge.
- Get a certified copy of the decree: offices ask for it to change your records, and it is needed for any remarriage.
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.