Sample Petition for Divorce by Mutual Consent

Going through a divorce can be emotionally and legally overwhelming. Couples who mutually agree to separate often face difficulty drafting a legally valid and properly structured petition acceptable in Indian family courts.

This sample petition under Section 13B of the Hindu Marriage Act, 1955, is designed to assist spouses seeking a mutual consent divorce. It provides a clear, court-compliant format that saves time, ensures accuracy, and helps avoid unnecessary legal delays.A properly drafted divorce petition is critical for securing a hassle-free decree from the family court. It ensures that the intentions of both parties are clearly recorded, jurisdiction is established, and all legal formalities are fulfilled — minimizing the chances of rejection or delay.

Use this professionally structured Mutual Divorce Petition Template to make your legal journey smoother.
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What Is a Petition for Divorce by Mutual Consent?

A Petition for Divorce by Mutual Consent is a joint legal request submitted to a family court by a husband and wife who have mutually decided to end their marriage. Unlike contested divorces that involve blame or allegations, this type of petition is based on mutual agreement, respect, and a peaceful understanding that the marriage can no longer continue.

Legally, the petition serves as a formal application under Section 13B of the Hindu Marriage Act, 1955, requesting the court to dissolve the marriage. It outlines the fact that both parties have been living separately for over one year, are unable to live together, and have voluntarily agreed to separate permanently. This process ensures that the divorce is handled with dignity, minimal conflict, and quicker resolution through the legal system.

This document is used by married couples belonging to Hindu, Sikh, Jain, or Buddhist communities in India who fulfill the criteria for mutual consent divorce. It helps them avoid lengthy litigation, reduce emotional strain, and reach closure legally with minimal delay.

A petition for divorce by mutual consent is a formal document submitted jointly by both spouses. It must clearly reflect their shared intention to end the marriage, along with all essential legal and personal details. The petition helps the court assess whether the conditions for granting mutual divorce under Section 13B of the Hindu Marriage Act are fulfilled.

Key Components of a Petition for Divorce by Mutual Consent

A petition for divorce by mutual consent is a formal document submitted jointly by both spouses. It must clearly reflect their shared intention to end the marriage, along with all essential legal and personal details. The petition helps the court assess whether the conditions for granting mutual divorce under Section 13B of the Hindu Marriage Act are fulfilled.

The key components of this petition typically include:

• Details of the Parties: Full names, current residential addresses, and identification as husband and wife.
• Marriage Information: Date, place, and manner of marriage (usually as per Hindu Vedic rites or other recognized customs).
• Statement of Separation: Confirmation that the couple has been living apart for at least one year and have mutually decided to dissolve the marriage.
• Grounds for Divorce: Brief reasons such as incompatibility, irreconcilable differences, and failed attempts at reconciliation.
• Children and Financial Terms (if any): Any agreed-upon decisions regarding child custody, alimony, maintenance, and division of property or assets.
• Prayer to the Court: A formal request for the dissolution of the marriage, along with a declaration that the petition is filed without coercion or collusion.
• Verification and Signatures: Affirmation by both parties that the contents are true, along with their signatures, and attestation by an advocate or notary.
• Supporting Documents: Attachment of the marriage certificate, wedding invitation card, or any other relevant proof.

Sample Format of Petition for Divorce by Mutual Consent

IN THE COURT OF THE FAMILY JUDGE AT ____________
 M.C. No. ______ of 20__

Petition for Divorce by Mutual Consent

Under Section 13B of the Hindu Marriage Act, 1955

Between:
 Smt. WB – First Petitioner
 And
 Sri. AB – Second Petitioner

PETITION UNDER SECTION 13B OF THE HINDU MARRIAGE ACT, 1955

The petitioners above-named respectfully submit as follows:

1. That the address of the petitioners for the purpose of service of all notices and processes is that of their Advocate: Mr. ____________.
   
    
2. That the first petitioner (wife) and the second petitioner (husband) were lawfully married on ___________ at ____________ in accordance with Hindu Vedic Rites, and the said marriage is still subsisting. A copy of the marriage invitation card is annexed hereto and marked as Annexure ‘A’. There are no children from the said marriage.
   
    
3. That the petitioners lived together after the marriage at ____________ and other places, and finally at ____________, which is the address given above. They have been living separately since ____________.
   
    
4. That soon after the marriage, due to differences in temperament, habits, tastes, thoughts, and increasing incompatibility, their relationship deteriorated. Frequent quarrels occurred, and although there were attempts at reconciliation, they were not successful. After a serious quarrel, the petitioners mutually decided to separate on ____________, with no intention to resume cohabitation.
   
    
5. That mutual friends and relatives attempted to reconcile the parties, but owing to fundamental differences and total incompatibility, resumption of the marital relationship was not possible.
   
    
6. That the petitioners have been living separately for a period of more than one year, and cohabitation between them had not lasted much longer than a year prior to the separation.
   
    
7. That both petitioners have arrived at a mutual decision that the marriage has irretrievably broken down, and there is no scope of reunion or resumption of marital life. They have therefore agreed to dissolve their marriage by a decree of divorce.
   
    
8. That in view of the above facts and circumstances, it is just, proper, and in the mutual interest of both parties that the marriage between them be dissolved.
   
    
9. That the cause of action for this petition arose on ____________, the date of marriage, and on ____________, the date of final separation, within the jurisdiction of this Hon’ble Court.
   
    
10. That a court fee of Rs. ____________ is paid under Article ____________ of the Court Fee Act.
    
     
11. That there is no collusion between the parties, and the decision to file this petition is mutual, voluntary, and made after due consideration.
    
     

PRAYER

The petitioners respectfully pray that this Hon’ble Court may be pleased to:

a) Pass a decree of divorce by mutual consent thereby dissolving the marriage solemnised between the petitioners on ____________; and
b) Grant such other and further reliefs as this Hon’ble Court may deem just and proper in the circumstances of the case.

Place: ____________
 Date: ____________

First Petitioner
(Signature of WB)

Second Petitioner
(Signature of AB)

VERIFICATION

I, Smt. WB, wife of Sri AB, aged about ___ years, residing at ____________, do hereby verify that the contents of paragraphs 1 to 11 of the above petition are true and correct to my knowledge and belief.
Verified on this ___ day of __________, 20 at ____________.

(Signature of WB)
 Before me:
(Signature of Advocate / Notary)

I, Sri AB, son of Sri XY, aged about ___ years, residing at ____________, do hereby verify that the contents of paragraphs 1 to 11 of the above petition are true and correct to my knowledge and belief.
Verified on this ___ day of __________, 20 at ____________.

(Signature of AB)
 Before me:
(Signature of Advocate / Notary)

Mistakes to Avoid While Drafting a Petition for Divorce by Mutual Consent

When preparing a petition for divorce by mutual consent, even small errors can delay court proceedings or result in rejection. It’s important to draft the document carefully and ensure it aligns with the legal requirements under Section 13B of the Hindu Marriage Act, 1955.

Here are some common mistakes to avoid:

• Omitting Basic Details: Ensure that both parties' names, addresses, marriage date, and place are correctly mentioned. Missing these can make the petition incomplete.
• Not Mentioning Separation Duration: The petition must clearly state that the couple has lived separately for at least one year. Courts strictly check for this condition.
• Unclear or Conflicting Grounds: Avoid vague language. Clearly state the mutual decision to separate due to incompatibility or irreconcilable differences—without placing blame.
• Missing Consent on Key Issues: If there are children or shared assets, the petition must include mutually agreed terms regarding custody, maintenance, and property division.
• Filing Without Proper Attestation: Both parties must sign the petition and verify its content before an advocate or notary. Missing this step can render the petition invalid.
• Inconsistent Supporting Documents: Attach necessary documents such as a copy of the marriage certificate or wedding invitation card. Ensure the dates and names match those in the petition.

By avoiding these errors, you can ensure a smoother, faster, and hassle-free divorce process through mutual consent.

Need Help Drafting a Petition for Divorce by Mutual Consent?

Drafting a legally sound and court-compliant petition can be overwhelming—especially during emotionally challenging times. Whether you're unsure about the legal language, missing details, or specific clauses required by the court, professional guidance can make the process smoother and error-free.

Our legal experts can help you:

• Customize your petition to suit your unique situation
• Ensure compliance with Section 13B of the Hindu Marriage Act, 1955
• Avoid common mistakes that lead to delays or rejections
• Prepare and review all supporting documents

👉 Get your Mutual Divorce Petition professionally drafted today — hassle-free and 100% court-ready.
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FAQ: Petition for Divorce by Mutual Consent Template

Q1. What is a Petition for Divorce by Mutual Consent template?

It is a pre-drafted legal format that helps couples create a valid joint petition for divorce under Section 13B of the Hindu Marriage Act, 1955, saving time and ensuring court compliance.

Q2. Who can use this template?

Any married couple (Hindu, Sikh, Jain, or Buddhist) who have mutually agreed to separate and meet the legal conditions (like one-year separation) can use this template.

Q3. Can I customize the template as per my situation?

Yes, the template is fully editable. You can modify names, dates, separation terms, alimony, child custody details, and other clauses to suit your case.

Q4. Is this template legally valid in all Indian family courts?

Yes, if filled out correctly and supported by necessary documents, the format aligns with standard requirements accepted by Indian family courts.

Q6. Do I still need a lawyer if I use this template?

While the template simplifies the drafting process, it’s advisable to have a lawyer review the final version to ensure accuracy and completeness before filing.

Disclaimer: This Petition for Divorce by Mutual Consent template is for informational purposes only and does not constitute legal advice. Legal requirements may vary by case and jurisdiction. Please consult a qualified lawyer before using or filing this document. Rest The Case is not liable for any consequences arising from its use.