Mutual Divorce Petition Format

आपसी सहमति से तलाक याचिका प्रारूप

Court Filings Updated: 2025-02-28

Overview

A mutual divorce petition is filed jointly by both spouses when they mutually agree to dissolve their marriage. Under the Hindu Marriage Act (Section 13B), both parties must have lived separately for at least one year before filing.
Hindi आपसी सहमति से तलाक याचिका दोनों पत्नियों द्वारा संयुक्त रूप से दायर की जाती है जब वे अपने विवाह को समाप्त करने पर आपसी सहमति रखते हैं।

When to Use This Format

  • When both spouses mutually agree to end the marriage
  • After living separately for at least one year
  • When terms of alimony, custody, and property division are agreed upon
  • For Hindus under Section 13B of Hindu Marriage Act, 1955
  • For other religions under their respective personal laws or Special Marriage Act

Key Components

  1. 1 Court Details

    Family Court or District Court having jurisdiction (where marriage was solemnized or where either party resides).

  2. 2 Petitioner Details

    Full names, ages, addresses, marriage date and place of both husband and wife.

  3. 3 Marriage Details

    Date, place, and manner of marriage. Registration details if available.

  4. 4 Grounds

    Statement that both parties have been living separately for over one year and have mutually agreed to dissolve the marriage.

  5. 5 Settlement Terms

    Agreed terms regarding alimony, child custody, property division, and return of belongings.

  6. 6 Joint Prayer

    Joint request by both parties to decree the marriage dissolved.

Sample Format

Download Word Document
IN THE FAMILY COURT AT [CITY] Petition No. _____ of 2025 [Husband Name], aged ___ years, residing at [Address] ... Petitioner No. 1 AND [Wife Name], aged ___ years, residing at [Address] ... Petitioner No. 2 JOINT PETITION FOR DIVORCE BY MUTUAL CONSENT UNDER SECTION 13-B OF THE HINDU MARRIAGE ACT, 1955 The petitioners most respectfully submit: 1. That the marriage between the petitioners was solemnized on [Date] at [Place] according to Hindu rites and ceremonies. 2. That after the marriage, the petitioners resided at [Address]. 3. That the petitioners have been living separately since [Date], which is more than one year from the date of this petition. 4. That due to irreconcilable differences, the petitioners have mutually agreed to dissolve their marriage. 5. That the petitioners have settled all matters between them including: (a) Alimony: [Terms agreed] (b) Child Custody: [Terms agreed, if applicable] (c) Property: [Division terms agreed] 6. That there is no coercion or undue influence and both parties are filing this petition voluntarily. PRAYER The petitioners jointly pray that this Hon'ble Court may pass a decree of divorce dissolving the marriage between the petitioners. Petitioner No. 1: _______________ Petitioner No. 2: _______________ Through Advocate: _______________ Date: _______________

Step-by-Step Guide

1

Mutual Agreement

Both spouses must agree on divorce and settle terms regarding alimony, child custody, and property division.

2

Draft the Petition

Prepare a joint petition with details of marriage, separation, and settlement terms.

3

File First Motion

File the petition in the Family Court. Both parties must appear and record their consent.

4

Cooling-Off Period

Wait 6 months (can be waived by court in certain cases as per Supreme Court ruling in Amardeep Singh vs. Harveen Kaur).

5

File Second Motion

After the cooling-off period, both parties appear again to confirm they still wish to proceed.

6

Decree of Divorce

The court passes the decree of divorce after satisfying itself that consent is genuine and voluntary.

Important Notes

  • Both parties must have lived separately for at least one year before filing.
  • The 6-month cooling-off period can be waived by the court if it is satisfied that there is no possibility of reconciliation.
  • Both parties must appear in court for both the first and second motions.
  • The petition can be withdrawn by either party before the final decree.
  • If parties belong to different religions, the petition may be filed under the Special Marriage Act, 1954.

Frequently Asked Questions

What is the minimum time required for mutual divorce?

The minimum time is about 6-18 months. After filing, there is a mandatory 6-month cooling-off period (which can be waived by the court). The second motion must be filed within 18 months of the first motion.

Can the cooling-off period be waived?

Yes, the Supreme Court in Amardeep Singh vs. Harveen Kaur (2017) held that the 6-month cooling-off period can be waived by the Family Court if it is satisfied that the parties have genuinely settled all disputes and reconciliation is impossible.

What documents are needed for mutual divorce?

Marriage certificate, address proof of both parties, income proof, photographs, proof of separation (separate residence proof), settlement agreement, and identity documents. If children are involved, details of custody arrangement are also needed.

Legal Disclaimer

This format is provided for informational and educational purposes only. It does not constitute legal advice. The format may need to be adapted based on specific circumstances, applicable laws, and jurisdictional requirements. Always consult a qualified advocate or legal professional before filing any legal document. For more details, see our Disclaimer.

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