Mutual-consent divorce is a joint legal process. Both spouses must agree to seek dissolution of the marriage and should resolve connected questions such as maintenance, permanent alimony, return of belongings and arrangements for children before asking the court to record their settlement.
This guide explains the usual preparation for a petition under Section 13B of the Hindu Marriage Act. Different personal laws and individual facts may require a different procedure, so the court, legal provision and settlement should be checked before filing.
What the court generally needs to see
A joint petition ordinarily records the marriage, the period of separation, the inability to live together and the parties’ free agreement that the marriage should be dissolved. The statements and settlement must remain voluntary at each relevant stage.
- Marriage particulars and proof
- Current addresses and jurisdictional facts
- Date and circumstances of separation
- Complete settlement of financial and child-related issues
- Details of any connected pending cases
First motion, waiting period and second motion
The parties usually present the joint petition and statements at the first-motion stage. Section 13B(2) refers to a six-month interval before the second motion. The Supreme Court has held that this period is directory and may be waived by a competent court where the legal conditions are satisfied; waiver is not automatic.
At the second-motion stage, continuing consent remains important. The court considers the statements and settlement before passing a decree.
Settlement terms deserve careful drafting
A short or unclear settlement can create fresh disputes. Terms should identify amounts, payment stages, return of articles, withdrawal or disposal of connected proceedings, parenting arrangements and the documents or actions each side must complete.
- Use precise dates and payment methods
- Identify every connected case by court and number
- Record custody, visitation and child expenses clearly
- Avoid promises that depend on undefined future events
- Keep signed copies and payment records
Preparing for a Lucknow consultation
The AG ASSOCIATES office is in Lucknow, opposite Family Court at Lalbagh. Bring the marriage certificate or available marriage proof, identity and address documents, a chronology, existing case papers and any proposed settlement terms. Do not send sensitive documents through an unconfirmed channel.