Family and matrimonial

Mutual consent divorce petition format under Section 13B

How a joint petition for divorce by mutual consent is drafted under Section 13B of the Hindu Marriage Act, 1955: the two motions, the six-month cooling-off period and when it can be waived.

A petition for divorce by mutual consent is a joint petition under Section 13B of the Hindu Marriage Act, 1955 by both spouses, stating that they have been living separately for one year or more, that they have not been able to live together, and that they have mutually agreed to dissolve the marriage. It proceeds in two motions: the first on presentation, and the second not earlier than six months and not later than eighteen months later. The Supreme Court in Amardeep Singh v. Harveen Kaur held the six-month period to be directory, so it can be waived where the settlement is genuine and reconciliation is not possible.

Governed by
  • Section 13B, Hindu Marriage Act, 1955
  • Family Courts Act, 1984
  • Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746, on waiver of the waiting period
Where it is filed
The Family Court within whose jurisdiction the marriage was solemnised, the parties last resided together, or either party resides.
Who files it
Both spouses jointly.
Time limit
The second motion must be moved not earlier than six months and not later than eighteen months after the first, unless the waiting period is waived.
Languages PleadEasy drafts this in
English, Hindi, Tamil, Malayalam

What a mutual consent divorce petition must contain

The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.

  1. 1.Cause title

    The Family Court and both spouses as joint petitioners.

  2. 2.The marriage

    Date, place and rites of solemnisation, with the marriage certificate annexed.

  3. 3.Separation

    The date from which the parties have been living separately, which must be one year or more, and the addresses at which each has resided.

  4. 4.Irretrievable breakdown

    That the parties have not been able to live together and that efforts at reconciliation have failed.

  5. 5.Mutual agreement

    That both have freely and without coercion agreed that the marriage should be dissolved.

  6. 6.Settlement terms

    The agreed terms on permanent alimony, stridhan, custody and visitation, and the withdrawal of pending proceedings, set out so the decree can record them.

  7. 7.Prayer

    A decree of divorce by mutual consent, and where sought, waiver of the six-month period with the reasons relied on.

Mistakes that get this document returned

  • Filing before completing one year of separation, which the section requires.
  • Leaving the settlement terms vague, so disputes revive between the first and second motions.
  • Not recording the withdrawal of pending criminal or maintenance proceedings as part of the settlement.
  • Seeking waiver of the cooling-off period without pleading the facts that justify it under Amardeep Singh.

Frequently asked questions

Can the six-month waiting period for mutual consent divorce be waived?

Yes. The Supreme Court in Amardeep Singh v. Harveen Kaur held that the six-month period under Section 13B(2) is directory and may be waived where the parties have genuinely settled all issues, have lived separately for more than the statutory period, and reconciliation is not possible.

How long does a mutual consent divorce take in India?

Ordinarily six to eighteen months, being the period between the first and second motions, and shorter where the court waives the waiting period.

Can one party withdraw consent before the second motion?

Yes. Consent must subsist until the decree is passed, and a party may withdraw before the second motion, in which case the petition cannot be allowed under Section 13B.

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Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.