Paperwork
Mutual Divorce Petition Format: What a Joint Petition Contains
By Divorce Setu Editorial Team · Updated · 6 min read
Quick answer
A joint petition for mutual divorce under Section 13B(1) usually contains the parties' details, marriage details, a statement of separation for the required period, statements of consent and no collusion, reference to the settlement, and a prayer for a decree. Supporting affidavits accompany it. A lawyer normally drafts it for your court.
"Mutual divorce form" and "mutual divorce petition format" are among the most searched phrases on this topic. People expect a single form to download and fill. In reality, the joint petition is a legal document drafted around the facts of your marriage. This guide explains what it usually contains, so you can understand it and review it with confidence.
What is a joint petition?
A mutual consent divorce under the Hindu Marriage Act, 1955 begins with a joint petition under Section 13B(1), signed by both spouses and presented to the family court (or the district court where there is no family court). Couples married under other laws, such as the Special Marriage Act, file under the corresponding provision. See our guide to Section 13B explained.
What a joint petition usually contains
- Court and title. The name of the court and the title of the case, with both spouses named as petitioners.
- Details of the parties. Names, ages, addresses and occupations of the husband and wife.
- Marriage details. Date and place of marriage, how it was solemnised and whether it was registered.
- Children, if any. Their names and ages, and a reference to the agreed arrangements for them.
- Statement of separation. A statement that the spouses have been living separately for the period the law requires (one year or more) and are unable to live together.
- Statement of mutual consent. That both have agreed that the marriage should be dissolved.
- No collusion and free consent. That the consent is given freely, without force, fraud or undue influence, and that the petition is not the result of collusion.
- Jurisdiction. Facts showing why this particular court can hear the case, such as where the marriage took place or where the spouses last lived together or where one of them lives now.
- Reference to the settlement. That the spouses have settled issues such as alimony, custody and property, often with the settlement attached or referred to.
- Other proceedings. A statement about whether any other case between the spouses is pending.
- Prayer. The request that the court dissolve the marriage by a decree of divorce on the ground of mutual consent.
- Signatures and verification. Both spouses sign, and the petition is verified.
Exact headings, order and wording differ between courts and lawyers. The list above is a general picture, not a standard form that every court accepts.
Supporting affidavits and documents
Along with the petition, each spouse usually files a supporting affidavit confirming the facts and that the consent is genuine. Courts commonly also expect copies of papers such as marriage proof, address proof, photographs and the settlement. The requirements vary, so check the full list in our documents checklist and confirm with your lawyer.
Why you should not copy an internet template as-is
- Courts differ. Local practice and formats are not the same everywhere. A template from another state or court may not suit yours.
- Your facts are unique. Dates, jurisdiction, children and the settlement need to be stated accurately. A wrong detail can cause objections or delays.
- Templates can be outdated. Laws and court procedures change, and a downloaded draft may not reflect them.
- The wording has consequences. Statements in the petition and affidavits are made on oath. Inaccurate or careless statements can create problems later.
- The wrong law may apply. The correct provision depends on your religion and how you married.
Who drafts the petition?
Usually a lawyer, working from the information both spouses provide. Often one lawyer prepares the petition for both, while each spouse reads it carefully and confirms it is correct before signing. If you each want independent advice, you can each consult your own lawyer. The law does not force you to hire one, but accurate drafting matters. Read more in mutual divorce without a lawyer.
Before you sign, check these points
- Names, dates and addresses match your official documents.
- The separation period is stated correctly.
- The settlement described is the one you actually agreed.
- You have read everything, and you understand each statement made on oath.
- You have a copy of everything you signed.
To see where the petition fits in the journey, read the mutual divorce process in India, or start your mutual divorce and let a lawyer prepare a petition suited to your court.
Frequently asked questions
- Is there a standard mutual divorce form I can download?
- There is no single form that all courts use for every couple. The joint petition is drafted around your facts and the practice of your court, so a lawyer's help is advisable instead of a generic download.
- What section is a mutual divorce petition filed under?
- For Hindus, Sikhs, Jains and Buddhists, a joint petition is filed under Section 13B(1) of the Hindu Marriage Act, 1955. Couples married under other laws file under the corresponding provision of that law.
- Do both spouses have to sign the petition?
- Yes. It is a joint petition, so both spouses sign it, and each usually files an affidavit as well. Your lawyer will explain how this works if one spouse lives in another city or country.
- Do we attach the settlement to the petition?
- Often the petition refers to the settlement, and a copy is filed or placed before the court. Practice varies by court, so your lawyer will advise how it should be presented in your case.
- Can I draft the petition myself?
- The law does not stop you, but errors can cause objections and delays. It is safer to have a lawyer prepare or at least review the petition and affidavits before you sign.