Family Law • Section 13B(1) & (2), Hindu Marriage Act, 1955

Mutual Divorce Petition format

Joint petition format for mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955. Contains comprehensive clauses for permanent alimony, child custody, and return of Stridhan.

Authentic Legal Draft & Formatting Template Word (DOCX) & PDF
IN THE PRINCIPAL FAMILY COURT AT [DISTRICT]
H.M.A. PETITION NO. _______ OF 2026

IN THE MATTER OF JOINT PETITION UNDER SECTION 13B(1) OF THE HINDU MARRIAGE ACT, 1955 FOR DISSOLUTION OF MARRIAGE BY DECREE OF DIVORCE BY MUTUAL CONSENT

1. [NAME OF HUSBAND], S/o [FATHER], Aged [AGE], Residing at [ADDRESS] ... PETITIONER NO. 1
AND
2. [NAME OF WIFE], D/o [FATHER], Aged [AGE], Residing at [ADDRESS] ... PETITIONER NO. 2

MOST RESPECTFULLY SHOWETH:
1. That the marriage between Petitioners was solemnized on [DATE] at [PLACE] according to Hindu rites and ceremonies.
2. That on account of irreconcilable temperament differences, Petitioners have been living separately since [DATE OF SEPARATION], being more than one continuous year.
3. That Petitioners have amicably settled all claims: Petitioner No. 1 has agreed to pay a lump-sum amount of INR [AMOUNT] toward full and final permanent alimony.
4. That custody of minor child [NAME] shall remain with [MOTHER / FATHER] with visitation rights to the other parent as agreed in Settlement Agreement dated [DATE].
5. That both parties have returned all articles of Stridhan, jewelry, and gifts.
PRAYER: Dissolve marriage by decree of divorce by mutual consent under Section 13B.

PETITIONER NO. 1: __________________
PETITIONER NO. 2: __________________

Practical Court Filing & Stamp Duty Guidelines

  • Filing of Second Motion follows after minimum 6 months statutory cooling-off period unless waived under Amardeep Singh v. Harveen Kaur (2017).
  • Both parties must physically appear or appear via court-authorized VC for joint recording of statements.