Mutual Consent Divorce Petition Format

Complete Draft Format

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

HMA PETITION NO. ______ OF 2026

IN THE MATTER OF:
[Name of Husband], 
S/o [Father's Name], 
Aged about [Age] Years, 
R/o [Full Address]
                                ... PETITIONER NO. 1 (HUSBAND)

                           AND

[Name of Wife], 
D/o [Father's Name], 
Aged about [Age] Years, 
R/o [Full Address]
                                ... PETITIONER NO. 2 (WIFE)

JOINT PETITION UNDER SECTION 13-B OF THE HINDU MARRIAGE ACT, 1955 FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT

MOST RESPECTFULLY SHOWETH:

1. That the marriage between the Petitioners was solemnized on [Date of Marriage] at [Place of Marriage] according to Hindu rites and ceremonies. The said marriage was consummated and the parties lived together as husband and wife at [Matrimonial House Address].

2. That from the said wedlock, [No children were born / one child namely (Name), aged about (Age) years was born on (Date)].

3. That due to temperamental differences and irreconcilable differences in their attitudes and thoughts, it became impossible for the Petitioners to live together as husband and wife. 

4. That the Petitioners have been living separately since [Date of Separation, must be > 1 year], and have not cohabited since then. All efforts for reconciliation made by family members, friends, and well-wishers have failed.

5. That the Petitioners have mutually agreed that their marriage has broken down irretrievably and they should get a decree of divorce by mutual consent.

6. That the Petitioners have settled all their disputes regarding alimony, maintenance, and articles/Istri Dhan. Petitioner No.1 has agreed to pay a total sum of Rs. [Total Amount] to Petitioner No.2 towards full and final settlement of all her claims (past, present, and future) for permanent alimony and maintenance.
   a. Rs. [First Installment Amount] is being paid today via DD No. [DD Details] at the time of recording statements for the First Motion.
   b. The balance amount of Rs. [Second Installment Amount] shall be paid at the time of the Second Motion.

7. That all articles of Istri Dhan, jewelry, and belongings have been returned to Petitioner No.2, and she has no further claims regarding the same.

8. That the custody of the minor child [Name] shall remain with [Petitioner No. 1 / Petitioner No. 2], and the other party shall have visitation rights as mutually agreed upon [Provide details if any].

9. That there is no pending litigation between the parties, and if any exists, the parties undertake to withdraw the same before the Second Motion.

10. That the consent of both the Petitioners for filing this joint petition is free, voluntary, and without any force, fraud, or undue influence. There is no collusion between the Petitioners in filing this petition.

11. That there is no legal impediment to granting the decree of divorce by mutual consent.

PRAYER:
In view of the above facts and circumstances, it is most respectfully prayed that this Hon’ble Court may be pleased to:
a) Pass a decree of divorce dissolving the marriage between the Petitioners solemnized on [Date of Marriage] by mutual consent under Section 13-B of the Hindu Marriage Act, 1955.
b) Pass any other order which this Hon'ble Court may deem fit and proper in the interest of justice.

[CITY]                                          PETITIONER NO. 1
DATE: [Date]

                                                PETITIONER NO. 2

                              VERIFICATION
Verified at [City] on this [Date] day of [Month], 2026, that the contents of paragraphs 1 to 11 are true and correct to our personal knowledge, and nothing material has been concealed therefrom.

                                                PETITIONER NO. 1
                                                PETITIONER NO. 2