Mutual Consent Divorce Petition Format under Section 13B HMA

Replace everything in [square brackets] with your own details. Delete lines that do not apply.

IN THE COURT OF THE [PRINCIPAL JUDGE, FAMILY COURT / DISTRICT JUDGE], [PLACE], [STATE]

HMA Petition No. ______ of [YEAR]

IN THE MATTER OF:

[HUSBAND'S FULL NAME]
S/o [FATHER'S NAME]
Aged about [AGE] years
Occupation: [OCCUPATION]
R/o [FULL RESIDENTIAL ADDRESS WITH PIN]
Mobile: [MOBILE NUMBER] | Email: [EMAIL]
... Petitioner No. 1

AND

[WIFE'S FULL NAME]
D/o [FATHER'S NAME]
Aged about [AGE] years
Occupation: [OCCUPATION]
R/o [FULL RESIDENTIAL ADDRESS WITH PIN]
Mobile: [MOBILE NUMBER] | Email: [EMAIL]
... 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:

1. That the marriage between Petitioner No. 1 and Petitioner No. 2 was solemnised on [DATE OF MARRIAGE] at [PLACE OF MARRIAGE] according to Hindu rites and ceremonies. [The marriage was registered with [REGISTRAR / OFFICE] vide Certificate No. [NUMBER] dated [DATE].] A copy of the [MARRIAGE CERTIFICATE / WEDDING PHOTOGRAPH / INVITATION CARD] is annexed as Annexure P-1.

2. That both Petitioners are Hindus by religion and were Hindus on the date of the marriage. The status of the Petitioners at the time of marriage was: Petitioner No. 1 — [UNMARRIED / DIVORCEE / WIDOWER]; Petitioner No. 2 — [UNMARRIED / DIVORCEE / WIDOW].

3. That after the marriage the Petitioners lived together as husband and wife at [ADDRESS], and last resided together at [ADDRESS OF LAST JOINT RESIDENCE] till [DATE].

4. That [NO CHILD WAS BORN OF THE MARRIAGE] / [THE FOLLOWING CHILD(REN) WERE BORN OF THE MARRIAGE: [NAME], born on [DATE OF BIRTH], presently residing with [PETITIONER NO. 1 / PETITIONER NO. 2]].

5. That owing to differences in temperament and outlook, the Petitioners could not live together. They have been living separately since [DATE OF SEPARATION], that is, for a period of more than one year before the presentation of this petition, and have not lived together as husband and wife or cohabited at any time since that date.

6. That the Petitioners have not been able to live together, and all efforts made by family members, well-wishers [and the mediation centre at [PLACE]] to bring about a reconciliation have failed. There is no possibility of the Petitioners living together again.

7. That the Petitioners have mutually agreed that their marriage should be dissolved by a decree of divorce by mutual consent. They have settled all their claims against each other on the following terms:

(a) Permanent alimony: Petitioner No. 1 shall pay Petitioner No. 2 a total sum of Rs. [AMOUNT] (Rupees [AMOUNT IN WORDS] only) towards permanent alimony and full and final settlement of all past, present and future claims of maintenance, as follows: Rs. [AMOUNT] by [DEMAND DRAFT / BANK TRANSFER] on the date of recording of statements on this petition, and the balance Rs. [AMOUNT] on the date of recording of statements on the second motion. [OR: Neither Petitioner claims any alimony or maintenance from the other.]

(b) Stridhan and articles: [ALL STRIDHAN, JEWELLERY AND ARTICLES OF PETITIONER NO. 2 HAVE BEEN RETURNED / SHALL BE RETURNED ON [DATE] AS PER THE LIST ANNEXED AS ANNEXURE P-2], and nothing remains due from either side.

(c) Custody of child(ren): Permanent custody of [CHILD'S NAME] shall remain with [PETITIONER NO. 1 / PETITIONER NO. 2]. The other Petitioner shall have visitation rights on [DAYS / ARRANGEMENT] and may speak to the child by phone or video call at reasonable times. [CHILD SUPPORT ARRANGEMENT, IF ANY.] [OR: Not applicable.]

(d) Joint property and accounts: [DETAILS OF HOW ANY JOINT FLAT, LOAN, BANK ACCOUNT, LOCKER OR INVESTMENT WILL BE DIVIDED OR CLOSED].

(e) Pending cases: The Petitioners shall withdraw the following cases filed against each other within [NUMBER] days of the decree, or jointly seek their quashing: [CASE NUMBER, COURT AND PROVISION / NONE].

(f) After the decree, neither Petitioner shall have any claim of any nature against the other or against the other's family members, and neither shall file any complaint or case against the other in respect of the marriage.

8. That the mutual consent of the Petitioners has not been obtained by force, fraud or undue influence. This petition is not presented or prosecuted in collusion with each other, and there has been no unnecessary or improper delay in filing it.

9. That no other petition between the Petitioners for divorce, judicial separation, restitution of conjugal rights or nullity of marriage has been filed or is pending in any court. [OR: Give details of such petition and state that it will be withdrawn.]

10. That this Hon'ble Court has jurisdiction under Section 19 of the Hindu Marriage Act, 1955 [and Section 7 of the Family Courts Act, 1984], as [THE MARRIAGE WAS SOLEMNISED / THE PETITIONERS LAST RESIDED TOGETHER / PETITIONER NO. 2 (THE WIFE) RESIDES] at [PLACE], which is within the territorial limits of this Court.

11. That more than one year has elapsed since the date of the marriage.

12. That the prescribed court fee of Rs. [AMOUNT] has been affixed on this petition.

PRAYER

It is therefore most respectfully prayed that this Hon'ble Court may be pleased to:

(a) record the statements of the Petitioners on this first motion, and, on a motion to be made by both Petitioners not earlier than six months and not later than eighteen months from the date of presentation of this petition [or earlier, if the waiting period is waived on a separate application], pass a decree of divorce dissolving the marriage solemnised between the Petitioners on [DATE OF MARRIAGE] under Section 13B of the Hindu Marriage Act, 1955;

(b) take the terms of settlement in paragraph 7 on record and make them part of the decree; and

(c) pass any other order that this Hon'ble Court considers just and proper.

[SIGNATURE]
Petitioner No. 1
[NAME]

[SIGNATURE]
Petitioner No. 2
[NAME]

Through Counsel:
[ADVOCATE FOR PETITIONER NO. 1], Enrolment No. [NUMBER]
[ADVOCATE FOR PETITIONER NO. 2], Enrolment No. [NUMBER]
[CHAMBER ADDRESS AND MOBILE NUMBER]

Place: [PLACE]
Date: [DATE]

VERIFICATION

We, the above-named Petitioners, verify at [PLACE] on [DATE] that the contents of paragraphs 1 to 12 of this petition are true and correct to our knowledge and belief, that nothing material has been concealed, and that we have signed this petition of our own free will after understanding its contents.

[SIGNATURE]
Petitioner No. 1

[SIGNATURE]
Petitioner No. 2