Kagaznama

Mutual Divorce Petition (Section 13-B, First Motion)

At a glance

Price: Free
Stamp duty: This Petition claims no monetary relief, so court fee is not charged ad valorem.
Registration: Not a registrable instrument.
Witnesses: No attesting witnesses are required for the Petition itself.

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Also called

Mutual Consent Divorce Petition
Section 13-B Petition
Section 13B Petition HMA
First Motion Divorce Petition
Joint Divorce Petition
Hindu Marriage Act Mutual Consent Petition
आपसी सहमति से तलाक याचिका
धारा 13-बी तलाक याचिका

When you need it

Both spouses agree the marriage should end, have already been living separately for a year or more, and want to file the first motion of a mutual-consent divorce petition under section 13-B(1) of the Hindu Marriage Act, 1955. Filing the first motion starts the clock: ordinarily not earlier than six months and not later than eighteen months later, both spouses move the second motion, and only then does the Family Court pass the decree — unless the Court agrees to waive that waiting period, which the Supreme Court held in Amardeep Singh v. Harveen Kaur is a matter of discretion and not an automatic entitlement.

This Petition assumes custody, alimony and property have already been genuinely agreed before it is filed — settle those between yourselves, or through mediation, first, and record what was agreed here, rather than filing this Petition to force a settlement that does not yet exist. Not for a contested divorce, where one spouse does not consent — that needs a fault-ground petition under section 13 of the Act instead, a different and more adversarial document this template does not cover. Not for a marriage solemnised under the Special Marriage Act, 1954, which has its own, separately worded mutual-consent provision in section 28 of that Act. Not for a spouse who is not a Hindu, Buddhist, Jain or Sikh within the meaning of section 2 of the Hindu Marriage Act, 1955.

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What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

This Petition claims no monetary relief, so court fee is not charged ad valorem. A joint petition under section 13-B of the Hindu Marriage Act, 1955 ordinarily carries a small fixed court-fee stamp under the Court Fees Act, 1870 as applicable to Punjab, and under that Act as applicable to the Union Territory of Chandigarh, affixed to the petition or paid electronically where the filing e-court portal accepts it. Confirm the current fixed amount at the filing counter before presenting the Petition — court-fee schedules for matrimonial petitions are revised by notification and are not published as one stable, easily found table.

Registration

Not a registrable instrument. This Petition is a pleading filed with the Family Court — or, where no Family Court is constituted for the district, the District Court exercising that jurisdiction under the Family Courts Act, 1984 — and becomes part of the court's own record. The decree the Court eventually passes is the judicial record of the divorce; nothing about this Petition or the decree is separately lodged with the Sub-Registrar.

Notarisation

Each Petitioner must swear or affirm a supporting affidavit verifying the contents of this Petition, before a Notary Public, an Oath Commissioner attached to the court, or the court itself at the time of first motion. Sign only in the attesting officer's presence.

Witnesses

No attesting witnesses are required for the Petition itself. Both Petitioners must ordinarily appear before the Family Court in person at both the first and the second motion, with photo identification — a decree of divorce by mutual consent cannot be passed on affidavits alone, and personal appearance is not something a witness can substitute for.

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IN THE COURT OF THE FAMILY COURT, PANCHKULA

IN THE MATTER OF SECTION 13-B OF THE HINDU MARRIAGE ACT, 1955

BETWEEN

Vikram Chopra, son of Late Sh. Ashok Chopra, aged about 34 years, Chartered Accountant, resident of House No. 1103, Sector 15, Panchkula 134113 ... PETITIONER NO. 1

AND

Ritika Chopra, daughter of Prem Nath Verma, aged about 31 years, School Teacher, resident of House No. 340, Sector 9, Panchkula 134109 ... PETITIONER NO. 2

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

MOST RESPECTFULLY SHOWETH:

1. That Petitioner No. 1 and Petitioner No. 2 were married to each other on 1 April 2026 at Panchkula, the marriage having been solemnised according to Hindu rites and ceremonies, including the Saptapadi (the Seven Steps), both parties being Hindus within the meaning of section 2 of the Hindu Marriage Act, 1955.

2. That The marriage has been registered, as recorded below. Registration particulars: Marriage Certificate No. PKL/2018/002215 issued by the Local Registrar of Marriages, Panchkula.

3. That after the marriage, the parties last resided together at House No. 1103, Sector 15, Panchkula 134113.

4. That the parties have been living separately since 2 April 2026 and have been unable to live together since then. The circumstances are: Persistent temperamental incompatibility led the parties to conclude they could not continue to live together, following which the wife moved to her parents' residence.

5. That there is no possibility of the parties resuming cohabitation, and the parties have, without any force, fraud or undue influence, mutually agreed that their marriage be dissolved by a decree of divorce.

6. That No child was born of the marriage, and the wife is not presently pregnant.

7. That The wife has received permanent alimony in full and final settlement of all her claims against the husband, as recorded below, and waives any further claim by way of maintenance, alimony or otherwise.

The amount agreed or paid is ₹8,00,000 (Rupees Eight Lakh only).

Payment terms: Paid in full by demand draft on 2 August 2026, receipt whereof the wife acknowledges..

8. That All stridhan articles, jewellery and other personal effects of the wife have been returned to her, and she has no further claim in respect of them.

9. That The parties hold no joint property, joint bank account or joint investment of any kind.

10. That this Petition is filed in the State of Punjab, and this Court has jurisdiction to entertain and try it under section 19 of the Hindu Marriage Act, 1955, read with the Family Courts Act, 1984, since the marriage was solemnised within the local limits of the ordinary original civil jurisdiction of this Court.

Questions about this document

Does the Mutual Divorce Petition (Section 13-B, First Motion) need stamp paper or stamp duty in Punjab and Chandigarh?

This Petition claims no monetary relief, so court fee is not charged ad valorem.

See the full position on stamp duty, registration and witnesses

Does the Mutual Divorce Petition (Section 13-B, First Motion) need registration in Punjab and Chandigarh?

Not a registrable instrument.

See the full position on stamp duty, registration and witnesses

What does the Mutual Divorce Petition (Section 13-B, First Motion) cost on Kagaznama?

Free.

Documents are free. Kits are free during our launch.

Does the Mutual Divorce Petition (Section 13-B, First Motion) need witnesses?

No attesting witnesses are required for the Petition itself.

See the full position on stamp duty, registration and witnesses

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