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Mutual consent divorce under Section 13B

Both motions, the six-month wait and the four conditions on which it is waived, what happens if consent is withdrawn, and the settlement clauses that decide everything — with a full sample petition you can generate free.

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A Section 13B divorce, step by step

Each step is marked with what it actually is: something the statute demands, something a court may or may not allow, or simply how these matters are run in practice. Confusing the three is where most bad advice on this subject comes from.

  • Statutory requirement
  • Court discretion
  • Practical step
  1. 1

    Living separately for one year or more

    Statutory requirement

    A continuous year, immediately before the petition is presented

    Section 13B(1). What the courts look for is the absence of a marital relationship rather than two addresses — Indian judgments have accepted separation within a shared household. What defeats it is resuming the relationship inside the year, because the period must be continuous.

  2. 2

    The separate one-year bar from the date of marriage

    Statutory requirement

    One year from the date of the marriage

    Section 14 bars ANY divorce petition inside the first year of the marriage, subject to the court’s leave on the ground of exceptional hardship or exceptional depravity. This is a different rule from the one above and the two are constantly confused: Section 14 counts from the wedding, Section 13B(1) counts from the separation.

  3. 3

    Negotiate and sign the settlement

    Practical step

    Alimony, custody and access, the matrimonial home, stridhan, joint loans, joint accounts and every pending case. Finish this before the petition is drafted, because the petition recites it and the court reads it.

  4. 4

    File the joint petition

    Statutory requirement

    Presented by both parties together under Section 13B(1), with a separate affidavit from each, marriage proof, address proofs, photographs and the settlement annexed.

    What goes into the file →
  5. 5

    First motion — both parties appear and record statements

    Statutory requirement

    The court satisfies itself under Section 23(1)(bb) that consent was not obtained by force, fraud or undue influence, records each party’s statement separately, and normally takes the settlement on record.

  6. 6

    The statutory period runs

    Statutory requirement

    Not less than six months from presentation of the petition

    Section 13B(2) fixes the gap between the two motions. It runs from the date the petition was presented, not from the date of the first motion — in most matters those are close together, but not always.

  7. 7

    Apply to waive the six months, if the facts allow

    Court discretion

    Amardeep Singh v. Harveen Kaur held the period is directory rather than mandatory, and contemplated a waiver application being moved a week after the first motion. It is discretionary and it is refused as often as it is granted — the conditions are set out below.

  8. 8

    Mediation, where the court refers it

    Practical step

    Section 9 of the Family Courts Act, 1984 obliges the court to attempt settlement, and many courts route even agreed matters through one mediation date. It is a box the statute requires the court to tick, not an obstacle.

  9. 9

    Second motion — both parties confirm consent

    Statutory requirement

    Not earlier than six months, and not later than eighteen months, after presentation

    Both outer limits come from Section 13B(2). Let the file drift past eighteen months and the petition lapses — you start again.

  10. 10

    Decree of divorce

    Statutory requirement

    The marriage is dissolved from the date of the decree. Apply for at least three certified copies. Section 15 bars remarriage until the thirty-day appeal period has run without an appeal, or an appeal has been dismissed.

No overall duration is given here on purpose. The six-month and eighteen-month limits are statutory and fixed; how long the court list takes between them is not, and varies enormously by district.

Which marriages this page covers

This page covers marriages solemnised under the Hindu Marriage Act, 1955. Section 2 of that Act applies it to Hindus in any form or development of the religion — including Virashaiva, Lingayat, Brahmo, Prarthana and Arya Samaj followers — and to Buddhists, Jains and Sikhs, as well as to anyone domiciled in India who is not a Muslim, Christian, Parsi or Jew by religion. If your marriage was solemnised or registered under the Special Marriage Act, 1954, or under Muslim, Christian or Parsi personal law, a different statute governs it and the sections on this page do not apply to you.

Quick answer

A mutual divorce under Section 13B of the Hindu Marriage Act, 1955 runs in two motions. Both spouses file one joint petition after living separately for at least a year; at the first motion each records a statement of consent; a statutory period of six months then runs; and at the second motion — no earlier than six months and no later than eighteen months after the petition was presented — both confirm consent and the court passes the decree. The six-month period can be waived, but only where the four conditions in Amardeep Singh v. Harveen Kaur are met.

Key takeaways

  • Section 13B(1) requires one year of living separately before the joint petition is filed. Section 13B(2) fixes the gap between the two motions at not less than six months and not more than eighteen.
  • Consent must be alive when the decree is passed, not merely when the petition was filed. Sureshta Devi v. Om Prakash holds that a withdrawal before the decree kills the petition.
  • The six-month wait is directory, not mandatory (Amardeep Singh v. Harveen Kaur). Waiver turns on four specific findings, and the application for it can be moved a week after the first motion.
  • Article 142 — used in Shilpa Sailesh v. Varun Sreenivasan to dissolve a marriage outright — belongs to the Supreme Court alone. A Family Court cannot use it, and asking it to will not work.
  • The settlement is the whole negotiation. Once the decree is passed on agreed terms, reopening them is very hard, so every figure and every date belongs in the document before the first motion.

Can the six-month period be waived?

Amardeep Singh v. Harveen Kaur sets out what a court weighs. Every branch has to be satisfied — a waiver application that skips one is an application that gets refused.

Has the first motion been completed?

The Court contemplated a waiver application being moved about a week after it.

  • Yes

    Were the six months under Section 13B(2) AND the one year of separation under Section 13B(1) already over before the first motion?

    In practice this means roughly eighteen months of separation by the time you reach court. This is the condition that defeats most applications, and no argument gets round the arithmetic.

    • Yes

      Have mediation and conciliation been attempted and failed, with no realistic prospect from further effort?

      Including efforts under Order XXXII-A Rule 3 of the Code of Civil Procedure, Section 23(2) of the Hindu Marriage Act and Section 9 of the Family Courts Act.

      • Yes

        Have the parties genuinely settled everything — alimony, custody of any child, and every other issue between them?

        Every pending proceeding counts. A live Domestic Violence application or maintenance case, unaddressed, means matters are not settled.

        • Yes

          Would continuing to wait serve any purpose, or only prolong the parties’ agony?

          • Waiting would serve no purpose

            The court may exercise its discretion to waive the period

            May — not must. This is a discretion on the facts, and it remains the court’s to exercise. Nothing about a waiver is automatic.

        • No — something is still open

          Waiver will not be granted yet

          Close out the outstanding issues first and put the position before the court. Then apply.

      • No attempt on record

        Waiver is unlikely

        Let the mediation reference happen and record its outcome, however brief. The condition needs something to point at.

    • No — separation is shorter than that

      Waiver is not available

      There is nothing to be done but wait out the six months. The petition itself remains perfectly valid meanwhile.

Only the Supreme Court can go further than this. In Shilpa Sailesh v. Varun Sreenivasan a Constitution Bench confirmed it may waive the period, and even dissolve a marriage for irretrievable breakdown, under Article 142 of the Constitution — a power no Family Court or High Court has.

A waiver is discretionary. Nothing about it is automatic, and the six-month period remains the default.

The Supreme Court held that the period specified in Section 13B(2) is directory rather than mandatory, so a court has the discretion to waive it where the conditions above are met. The discretion belongs to the court hearing the matter, on the facts before it.

SourceHindu Marriage Act, 1955 — s. 13BAmardeep Singh v. Harveen Kaur, (2017) 8 SCC 746Shilpa Sailesh v. Varun Sreenivasan, (2023) 4 SCC 692

What the settlement has to deal with

Each row is a head that has to be closed before the first motion. Leave one open and it becomes the reason a waiver is refused, or the dispute you return to court about in three years.

What should be agreed

The substance

Permanent alimony
The exact amount; lump sum or periodic; the dates; the bank account; and that it is in full and final settlement of all claims under Sections 24 and 25 and any other law.
Custody and access
Who has custody; the access schedule by day and time; who does the handover and where; how holidays, birthdays and festivals are split; travel and passports.
Child maintenance and education
A figure separate from spousal alimony, with who pays school fees, coaching, medical insurance and higher education, and how it is reviewed.
The matrimonial home
Who lives there; who owns it after the decree; which instrument transfers it; who bears stamp duty and registration; and by what date it is executed.
Joint home loan or other joint borrowing
Who services the loan; by when the other is released as co-borrower or guarantor; and what happens if the lender refuses.
Stridhan and jewellery
An itemised schedule of what is returned, in what condition, to whom, on what date and against what acknowledgement.
Joint accounts, nominations and investments
Which accounts are closed, which transferred, and by when nominations on insurance, provident fund and demat accounts are changed.
Pending proceedings
Every case between the parties and their relatives, by case number and court, with who withdraws what and when.
Mutual release
Each party gives up all claims, present and future, against the other and the other’s family.

Supporting document

What proves or effects it

Permanent alimony
Income documents for both parties, and the affidavit of assets and liabilities where maintenance is in issue.
Custody and access
Birth certificate, school records, and the parenting schedule annexed as a schedule.
Child maintenance and education
Fee receipts, school circulars, insurance policy.
The matrimonial home
Sale deed or title document, and the draft transfer instrument itself.
Joint home loan or other joint borrowing
Loan sanction letter, statement of account, and the lender’s release letter when obtained.
Stridhan and jewellery
Wedding photographs, jeweller’s invoices, insurance schedule, locker records.
Joint accounts, nominations and investments
Account statements, policy documents, nomination forms.
Pending proceedings
Copies of the petitions and any orders passed.
Mutual release
The settlement itself, signed by both with each page initialled and two witnesses.

If it is left vague

The failure mode

Permanent alimony
"Reasonable maintenance" is unenforceable. A periodic sum with no end date becomes a fresh dispute.
Custody and access
Section 26 lets a court vary custody at any time in the child’s welfare, so a vague clause guarantees a return to court.
Child maintenance and education
Folded into one alimony figure, it cannot be enforced or varied separately — and the child’s claim is independent of the spouse’s.
The matrimonial home
The decree transfers nothing. A promise with no instrument and no deadline leaves the title register unchanged.
Joint home loan or other joint borrowing
A lender is not bound by your settlement. Both co-borrowers stay liable, and the departing spouse’s credit record is hostage to the other’s payments.
Stridhan and jewellery
An unitemised "all articles returned" clause fails the moment there is a dispute about what "all" was.
Joint accounts, nominations and investments
A former spouse who is still the nominee stays the nominee. A divorce changes nothing, and nor does it rewrite your will.
Pending proceedings
A live proceeding defeats the settlement condition for a waiver, and it will be the first thing the court asks about.
Mutual release
Without it the settlement resolves the divorce and nothing else.

A settlement in a matrimonial matter does not itself require registration. But where it deals with immovable property, the transfer has to be effected by a separate registered instrument with stamp duty paid — the settlement is the promise, the deed is the conveyance.

What Section 13B actually requires before you can file

Section 13B(1) sets three preconditions and all three must exist on the day the joint petition is presented. The parties must have been living separately for a period of one year or more; they must not have been able to live together; and they must have mutually agreed that the marriage should be dissolved. A petition presented without the first of these is liable to be returned, and it is the one people get wrong most often.

"Living separately" is not the same as living at different addresses, and it does not require different addresses either. What the courts look for is the absence of a marital relationship — the parties are not living as husband and wife — and Indian judgments have accepted that this can be true of two people under the same roof, which matters a great deal in households where moving out is not financially or socially possible. What it cannot be is a year that includes cohabitation as spouses in the middle of it, because the year has to be a continuous period immediately preceding the petition.

The one-year period is separate from, and additional to, the one-year bar in Section 14, which prevents any divorce petition being presented within a year of the marriage itself. In practice the Section 13B separation requirement is the binding one: a couple married for fourteen months who separated last week cannot file a joint petition today.

The three preconditions in Section 13B(1), and what satisfies each
PreconditionWhat it meansWhat the court looks at
Living separately for one year or moreNo marital relationship for a continuous year immediately before filing. Physical separation is the usual proof but not the legal test.The date of separation pleaded in the petition and repeated in both affidavits. Separate addresses, separate finances, or a period of return to the parental home.
Not been able to live togetherThe attempt at living together has failed. Neither party has to allege fault, and neither should — the moment one does, the pleading starts to look contested.The averment in the joint petition, and the parties’ own statements when they are recorded.
Mutually agreed that the marriage should be dissolvedFree agreement, not resignation. Section 23(1)(bb) puts a positive duty on the court to satisfy itself that consent was not obtained by force, fraud or undue influence.The statement each party records in person at the first motion, and the settlement, if one is on record.
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Fixing the date of separation is a decision, not a formality

The date you plead determines whether the petition is maintainable at all, and it will be the same date on which any maintenance and property discussion is framed. Pick it carefully, make sure both affidavits carry the same date, and make sure it is consistent with anything either of you has said in any other proceeding.

The Section 13B procedure, motion by motion

What follows is what actually happens in a Family Court, in order. The two motions are the fixed points; everything else varies by district.

  1. 1Settlement first. Negotiate and sign the memorandum of understanding covering alimony, custody and access, the matrimonial home, stridhan and jewellery, joint loans and joint accounts, and a mutual withdrawal of all pending cases. Do this before the petition is drafted, because the petition should recite it.
  2. 2Draft and file the joint petition. It is presented by both parties together, supported by a separate affidavit from each, with the marriage proof, address proofs, photographs and the settlement annexed. Each party files a vakalatnama for their own advocate — the two of you may use one advocate, but many courts prefer separate representation and it is safer.
  3. 3Scrutiny and numbering. The registry checks the file. Objections at this stage are almost always about the small things: an unstamped affidavit, an annexure index that does not match, an unsigned vakalatnama.
  4. 4First motion. Both parties appear in person. The court satisfies itself under Section 23(1)(bb) that consent is free, records each party’s statement separately, and takes the settlement on record. Statements are usually recorded on oath and signed.
  5. 5The statutory period runs. Six months from the date the petition was presented — not from the date of the first motion, though in most matters the two are close together. If you want the period waived, the application is moved during this window.
  6. 6Mediation, if the court refers it. Section 9 of the Family Courts Act, 1984 obliges the court to attempt reconciliation, and many courts route even consent matters through a single mediation date. It is not an obstacle; it is a box the statute requires the court to tick.
  7. 7Second motion. Between six and eighteen months after the petition was presented, both parties appear again and confirm that they still consent. The court asks again whether the consent is free and whether the settlement has been complied with so far.
  8. 8Decree. The court passes a decree of divorce. Apply immediately for at least three certified copies. Section 15 bars remarriage until the thirty-day appeal period has expired.
When each step falls, measured in months from the date the petition is presented

Only the six-month and eighteen-month limits are statutory — they come from Section 13B(2). The rest reflects ordinary Family Court practice and moves with the district and the number of adjournments. Miss the eighteen-month outer limit and the petition lapses; you have to start again.

Waiving the six-month period: what Amardeep Singh actually decided

In Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746, the Supreme Court answered a question that had split the High Courts: is the six-month period in Section 13B(2) mandatory or directory? It held that the period is directory, so a court has the discretion to waive it — but it did not leave that discretion at large. The Court set out the conditions on which the discretion should be exercised, and a waiver application that does not address each of them squarely is a waiver application that will be refused.

Note the first condition carefully, because it is the one that catches people. The six months in Section 13B(2), taken together with the one year of separation required by Section 13B(1), must already be over before the first motion. In practical terms that means eighteen months of separation before you reach court. A couple who separated thirteen months ago and files today can present a valid petition, but they cannot ask for a waiver.

  1. 1The statutory six-month period under Section 13B(2), in addition to the one year of separation required by Section 13B(1), is already over before the first motion itself.
  2. 2All efforts at mediation and conciliation — including under Order XXXII-A Rule 3 of the Code of Civil Procedure, Section 23(2) of the Hindu Marriage Act and Section 9 of the Family Courts Act, 1984 — have failed, and there is no likelihood of success from any further effort.
  3. 3The parties have genuinely settled their differences, including alimony, custody of any child, and every other issue pending between them.
  4. 4The waiting period would only prolong their agony.
Why waiver applications fail
Reason for refusalWhat it looks likeHow to avoid it
Separation is under eighteen monthsThe petition pleads separation from a date fourteen months back. Condition (i) fails on its face.Nothing to be done except wait. The arithmetic is fixed.
Something is still open between the partiesA Section 125 CrPC application, a Domestic Violence complaint or a Section 85 BNS case is still pending and unaddressed.Deal with every pending proceeding inside the settlement and place the position before the court.
The settlement is vague"The parties have settled all disputes" with no figures, no dates and no mechanism.Specify the alimony amount, mode, dates, custody and access, and who executes which property document by when.
No reconciliation attempt on recordThe application simply asserts that reconciliation is impossible.Let the mediation reference happen and record its outcome, however brief. Condition (ii) needs something to point at.
Payment is promised but not madeA lump sum is agreed and payable "on the decree", so nothing has changed hands.Many courts prefer to see the agreed sum paid, or a demand draft handed over in court, before waiving the wait.
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When to move the application, and what to put in it

The Court contemplated that a waiver application would be moved a week after the first motion, setting out the reasons for the prayer. In practice the application should attach the settlement, state the exact date of separation and show it is more than eighteen months old, record what mediation was attempted and that it failed, and confirm that nothing at all remains in dispute — including any pending criminal or maintenance proceedings, which should be shown as withdrawn or as agreed to be withdrawn.

Article 142 and irretrievable breakdown: why your Family Court cannot use it

A Constitution Bench in Shilpa Sailesh v. Varun Sreenivasan, (2023) 4 SCC 692, held two things. First, the Supreme Court may waive the Section 13B(2) period altogether in the exercise of its power under Article 142 of the Constitution. Second — and this is the part that gets quoted without its limits — the Supreme Court may dissolve a marriage on the ground of irretrievable breakdown, even though the Hindu Marriage Act contains no such ground, because Article 142 permits it to do complete justice between the parties.

Article 142 is a power conferred on the Supreme Court and on no other court. A Family Court cannot dissolve a marriage for irretrievable breakdown; nor can a High Court. If a petition before a Family Court asks for that relief it will fail, whatever the state of the marriage, because the Family Court is confined to the grounds Parliament wrote into Section 13.

This matters practically in one situation: where both parties want out, one of them has withdrawn consent to a Section 13B petition, and the marriage is manifestly dead. The answer is not to ask the Family Court for a breakdown-based divorce. It is either to contest on a ground under Section 13 that you can actually prove, or — where the matter is already before the Supreme Court, typically on a transfer petition — to invite it to exercise Article 142.

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Where the Supreme Court gets these cases from

Most Article 142 dissolutions arise in matters that were already before the Supreme Court — commonly on a petition to transfer a matrimonial case from one State to another, where the Court then finds the parties have settled and the marriage is beyond repair. It is not a route you file into directly from a Family Court, and it is not a substitute for a properly pleaded petition.

If one of you withdraws consent before the second motion

The Supreme Court held in Sureshta Devi v. Om Prakash, (1991) 2 SCC 25, that the consent which supports a Section 13B petition must subsist until the decree is passed. If either party withdraws before that moment, the petition under Section 13B does not survive and has to be dismissed. Consent given at the first motion is not irrevocable, and no undertaking, indemnity or clause in a settlement can make it so.

That is a real risk and it deserves to be planned for rather than hoped away. The party who withdraws is usually the party who has already received something under the settlement — a lump sum paid at the first motion, or a property transferred — and who then declines to appear at the second motion. What survives is a contract claim on the settlement, not a divorce.

  • Structure the payments so that the largest tranche falls due on or after the decree, not at the first motion. A demand draft handed over in court at the second motion is common practice for exactly this reason.
  • Where a property transfer forms part of the settlement, hold the executed but unregistered instrument in escrow with a mutually acceptable third party, to be lodged for registration once the decree is passed.
  • Have the settlement recorded by the court at the first motion. A settlement on the court record is far easier to enforce than one sitting in a drawer.
  • Withdraw pending criminal and maintenance proceedings in stages that track the settlement, not all at the start.
  • If the other side does withdraw, the practical route forward is a contested petition under Section 13. The withdrawal itself is not a ground, but the conduct surrounding it — and the year that follows it — often supplies one.
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The eighteen-month outer limit is not negotiable

Section 13B(2) requires the second motion to be made no later than eighteen months after the petition was presented. A petition allowed to drift past that date lapses. If one party is stalling, do not let the file sleep — move the matter, and if the second motion is not going to happen, take the decision to convert to a contested petition rather than losing the eighteen months as well.

The settlement: what the memorandum of understanding must cover

A settlement in a mutual consent divorce is doing two jobs at once. It is the commercial agreement between the two of you, and it is the document the court relies on when it satisfies itself under Section 23(1)(bb) that consent is genuine and that nothing remains in dispute. A vague settlement therefore does not merely store up a fight for later — it can cost you the waiver of the six-month wait.

Draft it as if the two of you will never speak again after the decree, because that is the situation it has to work in. Every obligation needs an amount, a date, a mode of payment and a named person who has to do it.

Every head a settlement should deal with, and the failure mode when it does not
HeadWhat to specifyWhat goes wrong if you leave it open
Permanent alimonyThe exact amount; whether it is a one-time lump sum or periodic; the dates; the bank account; and whether it is in full and final settlement of all claims under Sections 24 and 25 and under any other statute.A "reasonable maintenance" clause is unenforceable. A periodic sum with no end date and no escalation clause becomes a fresh dispute in three years.
Custody, and accessWho has custody; the access schedule by day and time; who does the handover and where; how school holidays, birthdays and festivals are split; how travel and passports are handled.Section 26 lets the court vary custody at any time in the child’s welfare, so a vague clause guarantees a return to court.
Child maintenance and educationA figure separate from spousal alimony, with who pays school fees, coaching, medical insurance and higher education, and how it is reviewed.Folding child support into a single alimony figure makes it impossible to enforce separately later, and the child’s claim is independent of the wife’s.
The matrimonial homeWho lives there; who owns it after the decree; the instrument that will transfer it; who bears the stamp duty and registration cost; and by what date it is executed.The decree transfers nothing. A promise to transfer with no instrument and no deadline leaves the title register unchanged.
Joint home loan or other joint borrowingWho services the loan; by when the other is released as co-borrower or guarantor; and what happens if the lender refuses to release them.A lender is not bound by your settlement. Both co-borrowers stay jointly liable, and the credit record of the one who left is damaged by the other’s default.
Stridhan and jewelleryAn itemised schedule of what is returned, in what condition, to whom, on what date and against what acknowledgement.Stridhan is the wife’s absolute property. An unitemised "all articles returned" clause fails the moment there is a dispute about what "all" was.
Joint accounts, investments and nominationsWhich accounts are closed, which are transferred, and by when nominations on insurance, provident fund and demat accounts are changed.A former spouse who is still the nominee on a policy stays the nominee. A divorce does not change it.
Pending proceedingsA list of every case between the parties and their relatives by number and court, with who withdraws what and when.A pending case defeats condition (iii) for waiver of the six-month period, and it will be the first thing the court asks about.
Mutual releaseA clause under which each party gives up all claims, present and future, against the other and against the other’s family.Without it, the settlement resolves the divorce and nothing else.

A settlement in a matrimonial matter does not require registration, but where it deals with immovable property worth more than a hundred rupees, the transfer itself must be effected by a registered instrument. Keep the two documents separate: the settlement records the bargain; a registered deed carries out the property part of it.

The document checklist for a Section 13B petition

What goes into the file
DocumentHow manyNotes
Joint petition under Section 13BOne, signed by both partiesMust plead jurisdiction under Section 19, the date of marriage, the date of separation, and the three requirements of Section 13B(1).
Affidavit in supportOne from each partyOn stamp paper as required in the State, attested by a notary or oath commissioner. The verification clause must separate what is on knowledge from what is on information.
VakalatnamaOne per party per advocateSigned, dated, and accepted by the advocate. The commonest single reason a matrimonial file is returned at scrutiny.
Marriage certificateOriginal for inspection, copy for the fileIf the marriage was never registered: the wedding invitation card, photographs of the ceremony, and an affidavit from a person who attended.
Address proof of both partiesOne eachAadhaar, passport, voter identity card or a utility bill. Also fixes the address for service.
PhotographsTwo or three each, and joint wedding photographsUsed for identification when statements are recorded.
Settlement or memorandum of understandingOne, signed by both, with each page initialledAnnexed to the petition and taken on record at the first motion.
Income documentsFor both partiesSalary slips for the last three months, Form 16, income tax returns and bank statements. Needed for the court to test whether the alimony agreed is fair.
Affidavit of assets and liabilitiesOne each, where maintenance is in issueThe format prescribed in Rajnesh v. Neha. Enclosure I for non-agrarian deponents, Enclosure II for agrarian, Enclosure III for Meghalaya.
List of pending proceedingsOneEvery case between the parties, by case number and court, with what is to happen to each.

Each of these is taken apart clause by clause, with samples, on the divorce papers page. The affidavit of assets and liabilities can be generated free, in the prescribed format, using the tool linked below.

Honest expectations on time and money

A mutual consent divorce that is not contested and not adjourned finishes in six to twelve months from filing. With a successful waiver it can finish in one to four months. Those are the realistic outer edges, and the variable that moves them is not the law but the court’s cause list.

The cost is the advocate’s fee plus a nominal court fee. Because a Section 13B matter involves two appearances and no evidence, it is normally quoted as a lump sum for the matter rather than per hearing. Ask for that in writing, ask what it includes — drafting the settlement is often billed separately — and ask what happens to the fee if the other side withdraws consent.

How many court appearances each route needs

Appearances, not hearings — the count includes the dates on which a party has to attend personally. It is the number that actually drives an advocate’s fee on a per-hearing arrangement, and it is why the two routes differ in cost by an order of magnitude rather than a margin.

More questions about this page

How long does a mutual divorce take in India?▼
Six to twelve months in the ordinary course. Section 13B(2) requires at least six months between the presentation of the joint petition and the second motion, and the decree follows the second motion. Where the court waives that period under Amardeep Singh v. Harveen Kaur, the whole matter can finish in one to four months. The second motion must in any event be made within eighteen months of presentation, or the petition lapses.
Can the six-month waiting period in a mutual divorce be waived?▼
Yes. In Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746, the Supreme Court held that the six-month period in Section 13B(2) is directory rather than mandatory. A court may waive it where the six months plus the one year of separation are already over before the first motion — effectively eighteen months of separation — where mediation and conciliation have failed with no prospect of success, where the parties have genuinely settled everything including alimony and custody, and where waiting would only prolong the agony. The application can be moved a week after the first motion.
What happens if my spouse withdraws consent before the second motion?▼
The petition fails. In Sureshta Devi v. Om Prakash, (1991) 2 SCC 25, the Supreme Court held that mutual consent must subsist until the decree is passed, and that a unilateral withdrawal before the decree means the Section 13B petition does not survive and must be dismissed. No clause in a settlement can make consent irrevocable. The practical protections are to keep the largest payment falling due at or after the second motion, and to have the settlement recorded by the court at the first motion so it can be enforced as a contract even if the divorce does not proceed.
Do we have to live at different addresses for one year before filing?▼
Not necessarily. Section 13B(1) requires that the parties "have been living separately for a period of one year or more". What the courts examine is whether the marital relationship has ceased — whether the parties are living as husband and wife — rather than whether they hold two separate addresses. Indian courts have accepted separation within a shared household. What defeats the requirement is a resumption of the marital relationship inside the year, because the period must be continuous and immediately precede the petition.
Can we file a mutual divorce within one year of marriage?▼
No. Two separate rules bite. Section 14 bars any divorce petition within one year of the marriage, subject to the court’s leave on the ground of exceptional hardship or exceptional depravity. Section 13B(1) independently requires one year of living separately before the joint petition is presented. Since the separation must itself have lasted a year, a Section 13B petition cannot in practice be filed inside the first year of the marriage.
Do both of us have to appear in court personally?▼
Yes, at both motions. The court records each party’s statement separately, and satisfies itself under Section 23(1)(bb) that consent has not been obtained by force, fraud or undue influence. Courts have in some circumstances permitted appearance through video conferencing, or through a duly authorised attorney where a party is abroad, but this is a concession granted on an application in the particular case — it is not a right, and you should not plan a filing around the assumption that it will be allowed.
Can one lawyer represent both husband and wife in a mutual divorce?▼
It is done, and many courts accept it in a genuinely agreed matter. It is nevertheless the weaker arrangement. A single advocate cannot advise both of you on a settlement in which your interests are opposed, and if the settlement is later challenged as having been obtained by undue influence, the fact that one advocate acted for both is the first point that will be made. Where any money or property is being transferred, use separate advocates.
Is a mutual consent divorce decree final, or can it be appealed?▼
It can be appealed, like any decree — to the High Court within thirty days, under Section 28 of the Hindu Marriage Act or Section 19 of the Family Courts Act, 1984 where the decree came from a Family Court. In practice an appeal against a consent decree is difficult and rare, since both parties asked for it; the usual ground would be that consent was obtained by force, fraud or undue influence, which Section 23(1)(bb) makes relevant. Section 15 means you should not remarry until that thirty-day period has run.
Can the alimony agreed in a mutual divorce settlement be changed later?▼
A one-time lump sum paid and acknowledged in full and final settlement is very hard to reopen. A periodic maintenance order under Section 25 is different: Section 25(2) allows either party to apply for variation, modification or rescission if there is a change in circumstances, and Section 25(3) allows rescission where the recipient remarries or is not chaste. Anything concerning a child is always open, because Section 26 lets the court vary custody, maintenance and education orders at any time in the child’s welfare.
What is the difference between the first motion and the second motion?▼
The first motion is the presentation of the joint petition under Section 13B(1), at which both parties appear and record statements confirming the separation and their consent. The second motion is the application under Section 13B(2), made not earlier than six months and not later than eighteen months after the petition was presented, at which both parties appear again and confirm that consent still stands. Only the second motion produces the decree. Between the two, either party remains free to withdraw.

Official sources checked

The statutes, rules and regulator pages the statements on this page were checked against.

  • The Hindu Marriage Act, 1955
    Sections 13B, 14, 15, 19, 23(1)(bb), 23(2), 25 and 26 were read in the bare Act.
  • Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746
    The four conditions for waiving the six-month period, and the direction that a waiver application may be moved a week after the first motion.
  • Sureshta Devi v. Om Prakash, (1991) 2 SCC 25
    Consent must subsist until the decree; a unilateral withdrawal before the decree defeats the petition.
  • Shilpa Sailesh v. Varun Sreenivasan, (2023) 4 SCC 692
    Constitution Bench, on the Supreme Court’s Article 142 power to waive Section 13B(2) and to dissolve a marriage for irretrievable breakdown.
  • The Family Courts Act, 1984
    Section 9, on the court’s duty to make efforts at settlement.

Complete sample: joint petition under Section 13B, with affidavits and settlement

This is a full first-motion bundle on a worked set of facts — a Pune couple married in 2016, separated since January 2024, with one child and an agreed lump sum. Read it once end to end before you fill in your own, because the paragraphs are load-bearing: paragraph 6 is what makes the petition maintainable, paragraph 11 is what Section 23(1)(bb) requires the court to be satisfied about, and paragraph 13 is the jurisdiction averment the registry checks first.

Sample — replace every bracketed field with your own particulars
# In the Court of the Principal Judge, Family Court at Pune

Petition No. ______ of 20____

IN THE MATTER OF: The Hindu Marriage Act, 1955 — Section 13B

AND IN THE MATTER OF:

1. Rohit Suresh Sharma, aged about 34 years, son of Suresh Sharma, resident of Flat 402, Sunrise Apartments, Baner Road, Pune 411045.
~ … Petitioner No. 1 (Husband)

2. Ananya Sharma, aged about 31 years, daughter of Mahesh Kulkarni, resident of 18 Shanti Nivas, Kothrud, Pune 411038.
~ … Petitioner No. 2 (Wife)

---

## Joint petition under Section 13B of the Hindu Marriage Act, 1955 for dissolution of marriage by mutual consent

MOST RESPECTFULLY SHOWETH:

1. That the marriage between the Petitioners was solemnised on 14th February 2016 at Pune, Maharashtra according to Hindu rites and ceremonies. The said marriage was duly registered on 2nd March 2016 before the Registrar of Marriages, Pune, and a copy of the Marriage Certificate is annexed hereto and marked ANNEXURE P-1.

2. That both Petitioners were Hindus by religion at the time of the said marriage and continue to be Hindus, and the provisions of the Hindu Marriage Act, 1955 apply to them and govern the said marriage.

3. That after the solemnisation of the marriage the Petitioners resided together as husband and wife and last resided together at Flat 402, Sunrise Apartments, Baner Road, Pune 411045.

4. That the following child or children were born of the said marriage: Aarav Sharma, aged 7 years, residing with Petitioner No. 2.

5. That on account of temperamental differences and incompatibility of nature, and notwithstanding sincere efforts on the part of both Petitioners, the Petitioners have not been able to live together as husband and wife.

6. That the Petitioners have been living separately since 20th January 2024, that is to say, for a continuous period of more than one year immediately preceding the presentation of this petition, and there has been no resumption of the marital relationship between them during that period.

7. That all efforts at reconciliation, including through the intervention of family elders and well-wishers, have failed, and there is no possibility whatsoever of the Petitioners resuming cohabitation.

8. That the Petitioners have amicably and voluntarily settled all disputes and differences between them, including permanent alimony and maintenance, custody of and access to the child or children, stridhan and jewellery, and their respective claims in movable and immovable property, by a Memorandum of Settlement dated 10th August 2026, executed between them, a copy of which is annexed hereto and marked ANNEXURE P-2. The Petitioners pray that the said Settlement be taken on record.

9. That save as recorded in the said Settlement, neither Petitioner has any claim whatsoever against the other, whether under Sections 24, 25, 26 or 27 of the Hindu Marriage Act, 1955, or under Section 125 of the Code of Criminal Procedure, 1973 (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023), or under the Protection of Women from Domestic Violence Act, 2005, or under the Hindu Adoptions and Maintenance Act, 1956, or under any other law for the time being in force.

10. That the following proceedings are pending between the Petitioners and are to be disposed of as recorded in the Settlement: Application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, being Criminal Misc. Application No. 214 of 2025 before the Judicial Magistrate First Class, Pune, which Petitioner No. 2 shall withdraw within fifteen days of the decree.

11. That the consent of each Petitioner to the presentation of this petition and to the dissolution of the marriage has been given freely and voluntarily, and has not been obtained by force, fraud or undue influence within the meaning of Section 23(1)(bb) of the Hindu Marriage Act, 1955.

12. That this petition is not presented in collusion for the purpose of obtaining a decree on a false case; it reflects the genuine and free mutual consent of both Petitioners that their marriage should be dissolved.

13. That this Hon’ble Court has jurisdiction to entertain and try this petition under Section 19 of the Hindu Marriage Act, 1955, inasmuch as the marriage between the Petitioners was solemnised within the local limits of the ordinary original civil jurisdiction of this Hon’ble Court.

14. That the requisite court fee has been paid on this petition.

## Prayer

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

(a) dissolve the marriage solemnised between the Petitioners on 14th February 2016 by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955;
(b) take on record the Memorandum of Settlement dated 10th August 2026 and pass a decree in terms thereof;
(c) pass such other and further order or orders as this Hon’ble Court may deem just and proper in the facts and circumstances of the case.

Place: Pune
Dated: 18th August 2026

~ ____________________          ____________________
~ Petitioner No. 1                  Petitioner No. 2

~ Through Counsel

## Verification

Verified at Pune on this 18th August 2026 that the contents of paragraphs 1 to 14 of the above petition are true to our own personal knowledge, that no part of it is false and that nothing material has been concealed therefrom, and that the contents relating to legal submissions are believed to be true on the basis of legal advice received.

~ ____________________          ____________________
~ Petitioner No. 1                  Petitioner No. 2

---

## Affidavit in support — Petitioner No. 1

I, Rohit Suresh Sharma, aged about 34 years, son of Suresh Sharma, resident of Flat 402, Sunrise Apartments, Baner Road, Pune 411045, do hereby solemnly affirm and declare as under:

1. That I am Petitioner No. 1 in the accompanying joint petition under Section 13B of the Hindu Marriage Act, 1955, and am fully conversant with the facts and circumstances of the case, and am competent to swear this affidavit.

2. That the contents of paragraphs 1 to 14 of the accompanying petition are true and correct to my knowledge, and I say that the same may be read as part and parcel of this affidavit.

3. That the Petitioners have been living separately since 20th January 2024 and there has been no resumption of the marital relationship between us thereafter.

4. That my consent to the dissolution of the marriage has been given by me freely and voluntarily, without any force, fraud, undue influence, coercion or pressure of any kind from any quarter.

5. That I have not concealed any material fact from this Hon’ble Court, and I understand that a false statement in this affidavit renders me liable to prosecution for giving false evidence.

Place: Pune
Dated: 18th August 2026

~ ____________________
~ DEPONENT

Verified at Pune on this 18th August 2026 that the contents of the above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.

~ ____________________
~ DEPONENT

---

## Affidavit in support — Petitioner No. 2

I, Ananya Sharma, aged about 31 years, daughter of Mahesh Kulkarni, resident of 18 Shanti Nivas, Kothrud, Pune 411038, do hereby solemnly affirm and declare as under:

1. That I am Petitioner No. 2 in the accompanying joint petition under Section 13B of the Hindu Marriage Act, 1955, and am fully conversant with the facts and circumstances of the case, and am competent to swear this affidavit.

2. That the contents of paragraphs 1 to 14 of the accompanying petition are true and correct to my knowledge, and I say that the same may be read as part and parcel of this affidavit.

3. That the Petitioners have been living separately since 20th January 2024 and there has been no resumption of the marital relationship between us thereafter.

4. That my consent to the dissolution of the marriage has been given by me freely and voluntarily, without any force, fraud, undue influence, coercion or pressure of any kind from any quarter.

5. That I have not concealed any material fact from this Hon’ble Court, and I understand that a false statement in this affidavit renders me liable to prosecution for giving false evidence.

Place: Pune
Dated: 18th August 2026

~ ____________________
~ DEPONENT

Verified at Pune on this 18th August 2026 that the contents of the above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.

~ ____________________
~ DEPONENT

---

# Memorandum of Settlement

This Memorandum of Settlement is made at Pune on 10th August 2026 between:

Rohit Suresh Sharma, resident of Flat 402, Sunrise Apartments, Baner Road, Pune 411045 (the “Husband”)

AND

Ananya Sharma, resident of 18 Shanti Nivas, Kothrud, Pune 411038 (the “Wife”)

WHEREAS:

A. The parties were married on 14th February 2016 at Pune, Maharashtra according to Hindu rites and ceremonies.

B. The parties have been living separately since 20th January 2024 and have not been able to live together as husband and wife.

C. The parties have agreed to dissolve their marriage by mutual consent under Section 13B of the Hindu Marriage Act, 1955, and to settle every claim between them on the terms set out below.

NOW THEREFORE IT IS AGREED AS FOLLOWS:

1. The parties shall present a joint petition under Section 13B of the Hindu Marriage Act, 1955 before the competent Family Court, and shall each appear in person at both the first motion and the second motion and record their consent. Neither party shall withdraw consent.

2. Rohit Suresh Sharma shall pay to Ananya Sharma the sum of ₹15,00,000 (Rupees fifteen lakh only) as and by way of permanent alimony and maintenance in full and final settlement of all claims, by demand draft handed over in court at the time of the second motion.

3. Custody of and access to the child or children shall be as follows: Custody of the minor child shall remain with Petitioner No. 2. Petitioner No. 1 shall have access on every alternate Saturday between 10 a.m. and 6 p.m., with the handover at the residence of Petitioner No. 2, and for a continuous period of seven days in each summer vacation on thirty days’ prior written notice.

4. Rohit Suresh Sharma shall in addition pay ₹25,000 per month towards the maintenance, education and medical needs of the child or children, payable on or before the 7th day of each calendar month, and shall separately bear school fees and medical insurance premia on production of the demand.

5. The parties record that any arrangement concerning a minor child is subject to Section 26 of the Hindu Marriage Act, 1955, and that the Court retains the power to vary it at any time in the welfare of the child.

6. Petitioner No. 1 shall retain Flat 402, Sunrise Apartments, Baner Road, Pune 411045, of which he is the sole recorded owner, and Petitioner No. 2 relinquishes every claim to it. Petitioner No. 1 shall procure the release of Petitioner No. 2 as co-borrower on Housing Loan Account No. 0092837465 with State Bank of India within ninety days of the decree, and shall indemnify her against any demand on that account in the meantime.

7. All stridhan articles and items of jewellery belonging to Petitioner No. 2, itemised in the Schedule annexed to this Settlement, have been returned to and received by her, and she acknowledges receipt in full and shall raise no further claim on that account.

8. Each party shall, within thirty days of the decree, remove the other as nominee from every bank account, insurance policy, provident fund account, demat account and other investment held by them, and shall close every joint account and joint locker held by them.

9. The parties shall dispose of the pending proceedings between them as follows: Application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, being Criminal Misc. Application No. 214 of 2025 before the Judicial Magistrate First Class, Pune, which Petitioner No. 2 shall withdraw within fifteen days of the decree. Neither party shall institute any fresh proceeding against the other or against the other’s relatives arising out of the marriage.

10. Upon full compliance with the terms of this Settlement, each party releases and discharges the other, and the relatives of the other, from all claims and demands of every kind, whether present or future, arising out of the marriage — including any claim to maintenance, alimony, stridhan, dowry articles, residence, property or compensation.

11. This Settlement records the entire agreement between the parties. It shall be placed before the Court and the parties shall pray that a decree be passed in terms of it. It may be varied only by a writing signed by both parties.

Signed at Pune on 10th August 2026.

~ ____________________          ____________________
~ Rohit Suresh Sharma                     Ananya Sharma

Witnesses:

1. Name, address and signature: ____________________________________

2. Name, address and signature: ____________________________________

Generate the same document with your own particulars, free and unwatermarked, using the tool below.

Generate your own Section 13B petition, settlement and affidavits

Fill in your particulars and download the complete bundle as Word or PDF. There is no signup, no payment and no watermark. The draft still needs an advocate’s eye before it is filed — jurisdiction, the date of separation and the settlement clauses are the three places where a self-drafted petition usually goes wrong.

The complete first-motion bundle: the joint petition under Section 13B of the Hindu Marriage Act, 1955, a supporting affidavit for each party, and the Memorandum of Settlement.

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Name the Family Court, or the District Court where no Family Court has been established.

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In the Court of the Principal Judge, [Family Court at ____]

Petition No. ______ of 20____

IN THE MATTER OF: The Hindu Marriage Act, 1955 — Section 13B

AND IN THE MATTER OF:

1. [Husband’s full name], aged about __ years, son of [father’s name], resident of [address].
… Petitioner No. 1 (Husband)

2. [Wife’s full name], aged about __ years, daughter of [father’s name], resident of [address].
… Petitioner No. 2 (Wife)

---

Joint petition under Section 13B of the Hindu Marriage Act, 1955 for dissolution of marriage by mutual consent

MOST RESPECTFULLY SHOWETH:

1. That the marriage between the Petitioners was solemnised on [date] at [place] according to Hindu rites and ceremonies. The said marriage was not registered. Copies of the wedding invitation card and photographs of the ceremony, together with the affidavit of a person who attended the marriage, are annexed hereto and collectively marked ANNEXURE P-1.

2. That both Petitioners were Hindus by religion at the time of the said marriage and continue to be Hindus, and the provisions of the Hindu Marriage Act, 1955 apply to them and govern the said marriage.

3. That after the solemnisation of the marriage the Petitioners resided together as husband and wife and last resided together at [address].

4. That no child was born of the said marriage.

5. That on account of temperamental differences and incompatibility of nature, and notwithstanding sincere efforts on the part of both Petitioners, the Petitioners have not been able to live together as husband and wife.

6. That the Petitioners have been living separately since [date], that is to say, for a continuous period of more than one year immediately preceding the presentation of this petition, and there has been no resumption of the marital relationship between them during that period.

7. That all efforts at reconciliation, including through the intervention of family elders and well-wishers, have failed, and there is no possibility whatsoever of the Petitioners resuming cohabitation.

8. That the Petitioners have amicably and voluntarily settled all disputes and differences between them, including permanent alimony and maintenance, stridhan and jewellery, and their respective claims in movable and immovable property, by a Memorandum of Settlement dated [date of settlement], executed between them, a copy of which is annexed hereto and marked ANNEXURE P-2. The Petitioners pray that the said Settlement be taken on record.

9. That save as recorded in the said Settlement, neither Petitioner has any claim whatsoever against the other, whether under Sections 24, 25, 26 or 27 of the Hindu Marriage Act, 1955, or under Section 125 of the Code of Criminal Procedure, 1973 (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023), or under the Protection of Women from Domestic Violence Act, 2005, or under the Hindu Adoptions and Maintenance Act, 1956, or under any other law for the time being in force.

10. That no other petition, suit or proceeding in respect of the subject matter of this petition is pending between the Petitioners before any court, tribunal or authority.

11. That the consent of each Petitioner to the presentation of this petition and to the dissolution of the marriage has been given freely and voluntarily, and has not been obtained by force, fraud or undue influence within the meaning of Section 23(1)(bb) of the Hindu Marriage Act, 1955.

12. That this petition is not presented in collusion for the purpose of obtaining a decree on a false case; it reflects the genuine and free mutual consent of both Petitioners that their marriage should be dissolved.

13. That this Hon’ble Court has jurisdiction to entertain and try this petition under Section 19 of the Hindu Marriage Act, 1955, inasmuch as [state the Section 19 ground that applies].

14. That the requisite court fee has been paid on this petition.

Prayer

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

(a) dissolve the marriage solemnised between the Petitioners on [date] by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955;
(b) take on record the Memorandum of Settlement dated [date of settlement] and pass a decree in terms thereof;
(c) pass such other and further order or orders as this Hon’ble Court may deem just and proper in the facts and circumstances of the case.

Place: [Place]
Dated: [date]

____________________          ____________________
Petitioner No. 1                  Petitioner No. 2

Through Counsel

Verification

Verified at [Place] on this [date] that the contents of paragraphs 1 to 14 of the above petition are true to our own personal knowledge, that no part of it is false and that nothing material has been concealed therefrom, and that the contents relating to legal submissions are believed to be true on the basis of legal advice received.

____________________          ____________________
Petitioner No. 1                  Petitioner No. 2

---

Affidavit in support — Petitioner No. 1

I, [Husband’s full name], aged about __ years, son of [father’s name], resident of [address], do hereby solemnly affirm and declare as under:

1. That I am Petitioner No. 1 in the accompanying joint petition under Section 13B of the Hindu Marriage Act, 1955, and am fully conversant with the facts and circumstances of the case, and am competent to swear this affidavit.

2. That the contents of paragraphs 1 to 14 of the accompanying petition are true and correct to my knowledge, and I say that the same may be read as part and parcel of this affidavit.

3. That the Petitioners have been living separately since [date] and there has been no resumption of the marital relationship between us thereafter.

4. That my consent to the dissolution of the marriage has been given by me freely and voluntarily, without any force, fraud, undue influence, coercion or pressure of any kind from any quarter.

5. That I have not concealed any material fact from this Hon’ble Court, and I understand that a false statement in this affidavit renders me liable to prosecution for giving false evidence.

Place: [Place]
Dated: [date]

____________________
DEPONENT

Verified at [Place] on this [date] that the contents of the above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.

____________________
DEPONENT

---

Affidavit in support — Petitioner No. 2

I, [Wife’s full name], aged about __ years, daughter of [father’s name], resident of [address], do hereby solemnly affirm and declare as under:

1. That I am Petitioner No. 2 in the accompanying joint petition under Section 13B of the Hindu Marriage Act, 1955, and am fully conversant with the facts and circumstances of the case, and am competent to swear this affidavit.

2. That the contents of paragraphs 1 to 14 of the accompanying petition are true and correct to my knowledge, and I say that the same may be read as part and parcel of this affidavit.

3. That the Petitioners have been living separately since [date] and there has been no resumption of the marital relationship between us thereafter.

4. That my consent to the dissolution of the marriage has been given by me freely and voluntarily, without any force, fraud, undue influence, coercion or pressure of any kind from any quarter.

5. That I have not concealed any material fact from this Hon’ble Court, and I understand that a false statement in this affidavit renders me liable to prosecution for giving false evidence.

Place: [Place]
Dated: [date]

____________________
DEPONENT

Verified at [Place] on this [date] that the contents of the above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.

____________________
DEPONENT

---

Memorandum of Settlement

This Memorandum of Settlement is made at [Place] on [date] between:

[Husband’s full name], resident of [address] (the “Husband”)

AND

[Wife’s full name], resident of [address] (the “Wife”)

WHEREAS:

A. The parties were married on [date] at [place] according to Hindu rites and ceremonies.

B. The parties have been living separately since [date] and have not been able to live together as husband and wife.

C. The parties have agreed to dissolve their marriage by mutual consent under Section 13B of the Hindu Marriage Act, 1955, and to settle every claim between them on the terms set out below.

NOW THEREFORE IT IS AGREED AS FOLLOWS:

1. The parties shall present a joint petition under Section 13B of the Hindu Marriage Act, 1955 before the competent Family Court, and shall each appear in person at both the first motion and the second motion and record their consent. Neither party shall withdraw consent.

2. [Husband’s full name] shall pay to [Wife’s full name] the sum of ₹[amount] (Rupees [amount in words] only) as and by way of permanent alimony and maintenance in full and final settlement of all claims, by demand draft handed over in court at the time of the second motion.

3. [Set out who retains which property, who executes which instrument by what date, who bears stamp duty and registration, and the date by which any co-borrower or guarantor is released from a joint loan].

4. [Set out, by reference to an itemised Schedule, which stridhan articles and items of jewellery have been returned, to whom, on what date, and against what acknowledgement].

5. Each party shall, within thirty days of the decree, remove the other as nominee from every bank account, insurance policy, provident fund account, demat account and other investment held by them, and shall close every joint account and joint locker held by them.

6. The parties confirm that no proceeding of any kind is pending between them or against the relatives of either of them, and neither shall institute any fresh proceeding against the other or the other’s relatives arising out of the marriage.

7. Upon full compliance with the terms of this Settlement, each party releases and discharges the other, and the relatives of the other, from all claims and demands of every kind, whether present or future, arising out of the marriage — including any claim to maintenance, alimony, stridhan, dowry articles, residence, property or compensation.

8. This Settlement records the entire agreement between the parties. It shall be placed before the Court and the parties shall pray that a decree be passed in terms of it. It may be varied only by a writing signed by both parties.

Signed at [Place] on [date].

____________________          ____________________
[Husband’s full name]                     [Wife’s full name]

Witnesses:

1. Name, address and signature: ____________________________________

2. Name, address and signature: ____________________________________

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Preparing a mutual consent divorce

What to do next

  1. 1

    Model the household finances before you agree an alimony figure

    An itemised budget is a far stronger negotiating position than a percentage, and it is what the disclosure affidavit will have to support.

    Model your household finances →
  2. 2

    Assemble the file

    Petition, affidavits, vakalatnama, marriage proof, annexure index — the small documents are what get a first filing returned.

    The interactive document checklist →
  3. 3

    Check the property clauses before you sign

    The decree transfers no title. Every property term needs its own instrument, its own date and its own consequence for default.

    What the law does about property →
  4. 4

    Generate the disclosure affidavit if maintenance is in issue

    It is compulsory for both parties in any maintenance proceeding, and the court may decide on it.

    Assets & Liabilities affidavit generator →
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