Mutual consent divorce joint petition: format, affidavits, two motions

What the joint petition is

A joint petition for divorce by mutual consent is the document that starts the case. You and your spouse file it together under Section 13B of the Hindu Marriage Act, 1955 (Hindus, Buddhists, Jains and Sikhs) or Section 28 of the Special Marriage Act, 1954. It goes to the district court, or the Family Court where one has been set up for your area (Family Courts Act, Section 7).

If you are still deciding whether this route fits, read We both want a divorce: mutual consent, step by step first. This page is about the papers.

What the law says the petition must contain

• The ground (Section 13B(1)): you have lived separately for one year or more, you have not been able to live together, and you have mutually agreed the marriage should be dissolved.
• The facts, stated distinctly, and a statement that there is no collusion between you (Section 20(1)).
• Verification: the statements must be verified the way a plaint in a civil suit is verified (Section 20(2)): a short closing paragraph, signed by both of you.
• Free consent: the court must be satisfied your consent was not obtained by force, fraud or undue influence (Section 23(1)(bb)). Say so plainly.
• The right court (Section 19): where the marriage took place, where you last lived together, or where the respondent lives; a wife may also file where she lives now. In a joint petition you choose together and say why that court has jurisdiction.

Sample joint petition outline

IN THE COURT OF THE JUDGE, FAMILY COURT, [CITY]

HMA Petition No. ______ of [Year]

In the matter of:

1. Arjun Mehta, son of [Name], aged 34 years, residing at [Address] — Petitioner No. 1
2. Kavya Mehta, daughter of [Name], aged 31 years, residing at [Address] — Petitioner No. 2

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

1. The marriage. The petitioners were married on [Date] at [Place] according to Hindu rites and ceremonies. [The marriage was registered on [Date] with [Office].] Both petitioners are Hindus.
2. After the marriage. The petitioners lived together at [Address] until [Date].
3. Children. [No child was born of the marriage.] or [One child, [Name], born on [Date], is living with Petitioner No. [1/2].]
4. Living separately. Owing to differences in temperament, the petitioners have been living separately since [Date], more than one year before this petition, and have not lived as husband and wife since then.
5. Not able to live together. Efforts by both families to bring them together have not succeeded. The petitioners have not been able to live together.
6. Mutual agreement. The petitioners have mutually agreed that the marriage should be dissolved.
7. Settlement. The petitioners have settled all claims between them as follows: (a) custody and visits: [terms]; (b) maintenance or one-time alimony: [amount and dates of payment]; (c) stridhan, jewellery and belongings: [terms]; (d) property, accounts and loans: [terms]; (e) pending cases: [to be withdrawn on (date)]. Neither petitioner will make any further claim against the other except as set out here.
8. Free consent. The consent of each petitioner has not been obtained by force, fraud or undue influence.
9. No collusion. There is no collusion between the petitioners in filing this petition.
10. No delay. There has been no unnecessary or improper delay in filing this petition.
11. Other proceedings. [No other petition or case between the petitioners is pending.] or [list them].
12. Jurisdiction. This court has jurisdiction because [the marriage was solemnised / the petitioners last resided together] at [Place], within its limits.
13. Court fee. The court fee payable has been paid.

Prayer. The petitioners pray that this court, after the period required by Section 13B(2), pass a decree of divorce dissolving their marriage solemnised on [Date], and record the terms in paragraph 7.

Place: [Place] Date: [Date] Petitioner No. 1 [Signature] Petitioner No. 2 [Signature]

Verification. We, the petitioners above, verify that the contents of paragraphs 1 to 13 are true and correct to our knowledge, and that nothing material has been concealed. Verified at [Place] on [Date]. [Signatures]

Replace every bracket. Do not leave out a child, an earlier case, or the real date you separated.

The two affidavits

Each of you files an affidavit, a written statement of facts sworn before an authorised officer such as an oath commissioner or notary. It confirms the petition's facts, the separation date, the settlement and that your consent is free. Courts also usually want proof of marriage, address proof and photographs.

The two motions

• First motion. You file the petition with the affidavits and both appear. The court records your statements and fixes the second motion.
• Second motion. No earlier than six months and no later than eighteen months after filing, you both move the court again, saying you still agree (Section 13B(2)). If satisfied, the court passes the decree. Orders on the custody, maintenance and education of minor children stay within its power (Section 26).

How to prepare it, step by step

1. Settle every term first: custody, maintenance, belongings, property, pending cases.
2. Collect proof of marriage, both addresses, the separation date and the children's details.
3. Draft the petition in the order above, and an affidavit for each of you.
4. Ask the filing counter about its format, court fee and copies.
5. Sign, swear the affidavits, file, and appear together.

With eMunshi you answer the questions together in about twelve minutes and see the petition free before paying. You get the joint petition and both affidavits, checked by an independent panel advocate, with a filing guide.

Costs

What	Who pays
Joint petition and both affidavits	You: ₹4,999 with eMunshi, all-inclusive — checked by a panel advocate, PDF, filing guide and two revisions
Court fee	Set by your state, paid at filing
An advocate to appear, if you want one	They quote their fee first

Mistakes that sink people

• A vague settlement. "As agreed" invites a fight. Write amounts, dates and who keeps what.
• Missing statements. Leaving out no collusion or free consent gives the court a reason to ask questions.
• A wrong separation date. Count a full year before filing.
• Forgetting the eighteen-month limit for the second motion.

If one of you no longer agrees, the route is a contested divorce. A 30-minute call with an independent advocate from our panel starts at ₹999.