Preview
MUTUAL CONSENT DIVORCE PETITION - SAMPLE FIRST MOTION DRAFT
IN THE FAMILY COURT AT [PLACE]
HMA Petition No. [____] of [Year]
IN THE MATTER OF:
[Husband Name], aged about [Age] years, residing at [Address]
... Petitioner No. 1
AND
[Wife Name], aged about [Age] years, residing at [Address]
... Petitioner No. 2
PETITION UNDER SECTION 13B OF THE HINDU MARRIAGE ACT, 1955 FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT
The Petitioners most respectfully state as follows:
1. The marriage between the Petitioners was solemnized on [Date of Marriage] at [Place of Marriage] according to Hindu rites and ceremonies.
2. After marriage, the parties last resided together at [Last Matrimonial Address].
3. Owing to temperamental differences, incompatibility, and disputes, the Petitioners have not been able to live together as husband and wife.
4. The parties have been living separately since [Date of Separation] and have not been able to resume cohabitation despite efforts and intervention by family members.
5. The Petitioners state that they have mutually agreed that the marriage has broken down irretrievably and that it is not possible for them to live together.
6. The Petitioners are filing the present petition of their free will, without force, coercion, undue influence, or fraud.
7. As regards permanent alimony / full and final settlement, the parties have agreed as follows:
[Insert settlement terms]
8. As regards stridhan, jewellery, articles, and belongings, the parties have agreed as follows:
[Insert article return / no-claim terms]
9. As regards custody / visitation / maintenance of child or children, the parties have agreed as follows:
[Insert child settlement terms or state not applicable]
10. The parties undertake to remain bound by the terms recorded in the settlement / consent terms filed along with this petition.
11. No other petition seeking the same relief has been filed before this Hon'ble Court or any other Court, except as disclosed below:
[Insert details if any]
PRAYER
The Petitioners therefore pray that this Hon'ble Court be pleased to:
a. Record the statements of the Petitioners under Section 13B of the Hindu Marriage Act, 1955;
b. Admit this mutual consent petition;
c. After the statutory procedure, pass a decree of divorce dissolving the marriage between the Petitioners;
d. Grant such further relief as this Hon'ble Court deems fit.
Place: [City]
Date: [Date]
Petitioner No. 1 Signature: __________________
Petitioner No. 2 Signature: __________________
ADVOCATE FOR THE PETITIONERS
[Name]
Important drafting note:
Mutual consent matters usually also require settlement terms, identity proof, marriage proof, address proof, photographs, and child-related terms where applicable. The exact format and supporting papers vary by court practice.
