Affidavit for Mutual Consent Divorce under Section 13B HMA - First Motion
Updated sample affidavit format to accompany a joint petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955, including settlement, child custody, maintenance, verification and first-motion particulars.
Legally reviewed: 30 August 2026Basic Requirements for Mutual Consent Divorce under Section 13B
Section 13B permits both parties to a Hindu marriage to jointly seek dissolution of their marriage by mutual consent. Broadly, the statutory petition states that the parties have been living separately for a period of one year or more, have not been able to live together, and have mutually agreed that the marriage should be dissolved.
The expression "living separately" does not necessarily require the spouses to reside at different physical addresses in every case. The relevant question is whether they have ceased to live together as spouses and to discharge normal marital obligations.
Mutual consent must be genuine. Section 23 of the Hindu Marriage Act also requires the court, in a mutual-consent case, to be satisfied that consent has not been obtained through force, fraud or undue influence.
Before filing, the parties should ordinarily settle all material matrimonial issues, where applicable, including permanent alimony or maintenance, return of stridhan and personal articles, custody and visitation of children, pending matrimonial proceedings and the manner in which settlement obligations will be performed.
Sample Affidavit - Mutual Consent Divorce First Motion
The following specimen may be adapted for an affidavit filed by one of the petitioners in support of the joint first-motion petition. Where required by local practice, a corresponding affidavit may be executed by the other petitioner.
IN THE MATTER OF:
AND
I, ________________________________, wife/daughter of ________________________________, aged about ______ years, presently residing at ___________________________________________________________, do hereby solemnly affirm and state as follows:
I am Petitioner No. 1 in the accompanying joint petition for dissolution of marriage by mutual consent under Section 13B of the Hindu Marriage Act, 1955, and I am fully acquainted with the facts and circumstances of the matter.
I have read and understood the contents of the accompanying petition. The statements contained therein are true and correct to my knowledge and belief and may be treated as part of this affidavit without unnecessary repetition.
The marriage between Petitioner No. 1 and Petitioner No. 2 was solemnised on __________________ at __________________ in accordance with Hindu rites and ceremonies / applicable customary rites.
After marriage, the parties resided together at _______________________________________________________ and cohabited as husband and wife.
The parties have been living separately since __________________ and have been unable to live together as husband and wife because of serious differences and incompatibility between them.
The parties have been living separately for the period required under Section 13B(1) of the Hindu Marriage Act, 1955, immediately preceding presentation of the joint petition.
Efforts at reconciliation have not succeeded, and the parties have mutually and voluntarily concluded that continuation of the matrimonial relationship is not possible.
The parties have therefore mutually agreed that their marriage should be dissolved by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955.
The parties have voluntarily settled their matrimonial disputes and claims on the terms recorded in the accompanying petition / settlement agreement dated __________________.
It has been agreed that a total sum of Rs. __________________ (Rupees __________________________________________ only) shall be paid by Petitioner No. ____ to Petitioner No. ____ towards full and final settlement of the claims specifically covered by the settlement, including permanent alimony and/or maintenance, subject to the terms agreed between the parties.
Out of the aforesaid amount, a sum of Rs. __________________ has already been paid by __________________ through __________________ on __________________, receipt whereof is acknowledged.
The balance settlement amount of Rs. __________________ shall be paid in the manner and at the stage or stages specified in the settlement agreement / joint petition, including at first motion, second motion or passing of the decree, as applicable.
All stridhan, jewellery, personal articles, documents and belongings of the parties have been returned / shall be returned in accordance with the settlement recorded between the parties.
There is no child born from the wedlock of the parties. OR The parties have __________________ child/children, namely _______________________________________________, and the arrangements regarding custody, visitation, education, maintenance and other expenses have been mutually recorded in the settlement, subject always to the welfare of the child/children and orders of the competent court.
The parties have also agreed upon the manner in which any pending matrimonial or connected proceedings between them shall be withdrawn, disposed of, compounded or otherwise dealt with strictly in accordance with law and the terms of settlement.
My consent to seek dissolution of the marriage is free, informed and voluntary and has not been obtained by force, fraud, coercion or undue influence.
The joint petition has been presented bona fide and is not based upon any unlawful collusion between the parties.
There has been no unnecessary or improper delay in approaching this Hon'ble Court for the relief claimed, except to the extent explained in the accompanying petition, if applicable.
To the best of my knowledge and belief, there is no legal impediment to grant of the relief sought in the accompanying petition, subject to satisfaction of this Hon'ble Court regarding the statutory requirements.
I accordingly pray that this Hon'ble Court may take the accompanying petition on record and pass such appropriate orders as may be permissible under Section 13B of the Hindu Marriage Act, 1955.
Place: __________________
Date: __________________
DEPONENT
I, ________________________________, the above-named deponent, do hereby verify that the contents of paragraphs 1 to ______ of this affidavit are true and correct to my knowledge and belief, that no material fact has been concealed therefrom, and that nothing stated herein is false.
Verified at __________________ on this ______ day of __________________, 20______.
DEPONENT
Section 13B of the Hindu Marriage Act, 1955
Section 13B(1): A joint petition for dissolution of marriage by mutual consent may be presented where the parties have been living separately for one year or more, have not been able to live together and have mutually agreed that the marriage should be dissolved.
Section 13B(2): The statutory text contemplates a further motion by both parties after the prescribed interval and within eighteen months of presentation of the petition, provided the petition has not been withdrawn. The court must satisfy itself as to the marriage and the truth of the averments before granting the decree.
The exact statutory text should always be checked from the official India Code publication because statutory amendments prevail over any privately maintained reproduction.
Can the Six-Month Cooling-Off Period Be Waived?
Yes. Although Section 13B(2) contains a six-month interval, the Supreme Court in Amardeep Singh v. Harveen Kaur, Civil Appeal No. 11158 of 2017, decided on 12 September 2017, held that this period is directory and not mandatory.
Accordingly, an appropriate court may consider a request for waiver where the facts show that reconciliation is not reasonably possible, the matrimonial issues have genuinely been settled and further waiting would merely prolong the parties' difficulties. Waiver is discretionary; it is not automatic merely because both spouses request it.
The Supreme Court subsequently clarified that the factors stated in Amardeep Singh should not be interpreted with inflexible statutory rigidity. The court must exercise its discretion having regard to the facts and circumstances of the individual case.
Official Law and Supreme Court References
Points to Check Before Using This Affidavit
Replace every blank with the correct factual information and remove alternatives that do not apply. Names, dates and addresses should correspond exactly with the petition and supporting documents.
Where a settlement amount is payable in instalments, specify the amount, mode of payment and stage at which each instalment is to be paid. Similar precision should be used for return of stridhan, jewellery, documents and other articles.
If minor children are involved, custody, visitation, education, medical expenditure and maintenance terms should be drafted with particular care. The welfare of the child remains the paramount consideration for the court.
If criminal, domestic-violence, maintenance or other proceedings are pending, do not state that they automatically stand "cancelled". The settlement should specify the lawful procedural steps the parties will take for withdrawal, compounding, quashing or disposal, depending upon the nature of each proceeding and the jurisdiction of the competent court.
Frequently Asked Questions
Is mutual consent divorce filed jointly?
Yes. A petition under Section 13B is presented jointly by both parties to the marriage. Both spouses must voluntarily consent to dissolution of the marriage.
Must the spouses live at different addresses for one year?
Not necessarily. "Living separately" concerns the matrimonial relationship and whether the parties are living together as spouses. Physical residence at different addresses is not invariably decisive.
Is a six-month wait compulsory after the first motion?
No. The statutory text provides a six-month interval, but the Supreme Court has held that the requirement is directory. A court may waive it in an appropriate case after considering the relevant circumstances.
Is waiver of the six-month period automatic?
No. Waiver is discretionary. The parties ordinarily have to satisfy the competent court that the circumstances justify dispensing with further waiting.
Can one spouse withdraw consent before the divorce decree?
A mutual-consent decree depends upon subsisting mutual consent at the legally relevant stage. Questions concerning withdrawal of consent can depend upon the procedural stage, facts of the case and binding judicial decisions.
Can the parties settle child custody in a mutual divorce?
Yes. They may propose custody, visitation and financial arrangements, but matters concerning a minor child remain subject to the child's welfare and orders of the competent court.
Disclaimer
This specimen is provided for general legal information and drafting assistance. It is not a substitute for professional advice concerning the facts of a particular matrimonial dispute. Court formats and filing practices differ between jurisdictions, and the final affidavit and petition should conform to the applicable statute, High Court rules, Family Court rules and local filing requirements.