Interactive Pleadings Preview
BEFORE THE HON'BLE PRINCIPAL JUDGE, FAMILY COURT, DELHI
H.M.A. PETITION NO. _________ OF 2026
IN THE MATTER OF:
Mr. Amit Sharma
S/o Shri Rajesh Sharma,
R/o H.No. 124, Sector-15, Rohini, Delhi-110085.
...PETITIONER NO. 1 (HUSBAND)
AND
Mrs. Priya Sharma (Nee Priya Verma)
D/o Shri Sunil Verma,
R/o H.No. 45, Green Park Extension, New Delhi-110016.
...PETITIONER NO. 2 (WIFE)
JOINT PETITION FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT UNDER SECTION 13-B(1) OF THE HINDU MARRIAGE ACT, 1955
MOST RESPECTFULLY SHOWETH:
1. That the Petitioner No. 1 and Petitioner No. 2 are filing this joint petition under Section 13-B(1) of the Hindu Marriage Act, 1955 for the dissolution of their marriage by a decree of divorce by mutual consent.
2. That the marriage between the Petitioners was solemnized on 14th November 2022 at Delhi according to Hindu Rites and Ceremonies. The marriage was registered on 20th December 2022 with the Registrar of Marriages, Delhi. A copy of the Marriage Certificate is annexed herewith as ANNEXURE-A.
3. That the status, age and place of residence of the Petitioners at the time of marriage and at the time of filing the present petition were as under:
A. PETITIONER NO. 1 (HUSBAND)
- Age: 31 Years
- Status at Marriage: Bachelor | Status at Filing: Married
- Address: H.No. 124, Sector-15, Rohini, Delhi-110085.
B. PETITIONER NO. 2 (WIFE)
- Age: 29 Years
- Status at Marriage: Spinster | Status at Filing: Married
- Address: H.No. 45, Green Park Extension, New Delhi-110016.
4. That the Petitioners lived together as husband and wife at H.No. 124, Sector-15, Rohini, Delhi until 15th April 2025.
5. That no child was born from the wedlock of Petitioner No. 1 and Petitioner No. 2.
6. That due to differences of temperament, habits and ideas, the Petitioners could not adjust with each other and serious matrimonial discords arose between them. All efforts made by the family members and well-wishers to reconcile their differences and bring about cohabitation have completely failed.
7. That the Petitioners have been living separately and independently since 15th April 2025, which is more than one year prior to the filing of this petition, and they have not cohabited as husband and wife during this period.
8. That the Petitioners have mutually agreed and realized that they cannot live together under one roof and it is in their best interest that their marriage is dissolved by mutual consent.
9. That the Petitioners have settled all their mutual claims, disputes and issues regarding Streedhan, dowry articles, maintenance (past, present and future) and permanent alimony on the following terms:
a) The Petitioner No. 1 has agreed to pay a total sum of ₹10,00,000/- (Rupees Ten Lakhs Only) to Petitioner No. 2 as full and final settlement of permanent alimony and maintenance.
b) Out of the said ₹10,00,000/-, Petitioner No. 1 is paying ₹5,00,000/- (Rupees Five Lakhs Only) at the time of recording of statements in the First Motion (present petition) by Demand Draft No. 504321 dated 28.05.2026 drawn on State Bank of India.
c) The remaining ₹5,00,000/- (Rupees Five Lakhs Only) shall be paid by Petitioner No. 1 to Petitioner No. 2 by Demand Draft at the time of recording of statements in the Second Motion.
d) The Petitioner No. 2 has received all her Streedhan and personal articles and nothing remains due between the parties.
e) Both petitioners agree to withdraw all pending legal complaints/cases against each other.
10. That the present petition is not filed in collusion, nor is there any force, fraud, coercion or undue influence in filing this petition.
PRAYER:
The Petitioners, therefore, pray that this Hon'ble Court may be pleased to:
a) Pass a decree of dissolution of marriage by mutual consent under Section 13-B(1) of the Hindu Marriage Act, 1955, dissolving the marriage solemnized between the petitioners on 14th November 2022.
b) Pass such other and further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
PETITIONER NO. 1 PETITIONER NO. 2
(AMIT SHARMA) (PRIYA SHARMA)
DELHI
DATED: 30.05.2026
VERIFICATION:
We, the above-named petitioners, do hereby verify that the contents of paragraphs 1 to 10 are true and correct to our personal knowledge. Signed and verified at Delhi on this 30th day of May 2026.
PETITIONER NO. 1 PETITIONER NO. 2*Scroll inside the box to view full pleadings. Highlight text with cursor to select and copy.
Complete Legal Guide & Analysis
Statutory Requirements under Section 13B
To file a joint petition for mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955, the following three statutory prerequisites must be met: 1. **Separation Period**: Both parties must have been living separately and independently for a continuous period of **at least one year** before filing the petition. 2. **Mutual Disagreement**: The parties must demonstrate that they have not been able to live together as husband and wife and reconciliation attempts have completely failed. 3. **Mutual Agreement**: Both spouses must freely agree that the marriage should be dissolved without any force, fraud, or coercion.
Key Terms in a Settlement Agreement
A mutual consent divorce hinges on a comprehensive settlement. Ensure your draft incorporates explicit terms regarding: * **Permanent Alimony**: The exact quantum of alimony (lump sum or monthly) and the mode of payment (usually split between the First and Second Motion). * **Streedhan & Joint Assets**: Clarity that all Streedhan, dowry articles, and personal gifts have been returned, and neither party has any further claims. * **Child Custody & Visitation**: Specifying whether custody is sole or joint, along with detailed visitation schedules, holiday sharing, and educational expense divisions. * **Withdrawal of Cases**: A mutual undertaking to withdraw all pending criminal complaints (e.g., Section 498A IPC/BNS equivalent) and civil cases.
The 6-Month Cooling Period & Waiver Rules
Under Section 13B(2), the parties must wait for a cooling-off period of 6 months after the First Motion before moving the Second Motion. However, in the landmark case of *Amardeep Singh v. Harveen Kaur (2017)*, the Supreme Court ruled that this cooling period is directory, not mandatory. Courts can waive this period under an application if: (a) the 1-year separation is already over, (b) all efforts for mediation have failed, (c) alimony and custody issues are settled, and (d) the delay will only prolong their misery.
Step-by-Step Court Filing Procedure
1
Step 1
Drafting the Joint Petition: Draft the First Motion petition under Section 13B(1), incorporating the signed settlement agreement and affidavit declarations.
2
Step 2
Filing & Admission: File the joint petition at the Family Court having jurisdiction (where the marriage took place, where the couple last cohabited, or where the wife currently resides). Pay the nominal court fee.
3
Step 3
Recording of Statements (First Motion): Both spouses must appear in person before the Principal Judge. The judge records their statements, verifies their voluntary consent, and passes the First Motion order.
4
Step 4
The Waiting / Waiver Period: Wait for the 6-month statutory cooling period, or file a waiver application citing *Amardeep Singh v. Harveen Kaur*.
5
Step 5
Filing the Second Motion: Within 18 months of the First Motion, file the Second Motion petition under Section 13B(2) to record final statements. The court then passes the final Decree of Divorce.