How to File a Mutual Divorce Petition in Indore under Section 13B of the Hindu Marriage Act?

Introduction

Mutual divorce is a peaceful and consensual way for married couples to end their marriage without engaging in prolonged legal battles. In India, mutual divorce between Hindus is governed by Section 13B of the Hindu Marriage Act, 1955. This provision allows both husband and wife to file a joint petition for divorce, provided they agree to separate and have been living apart for at least one year.

This blog post explains how to file a mutual divorce petition in Indore, step-by-step. We will also cover the documents required, legal process, court jurisdiction, time frame, and frequently asked questions (FAQs) for better clarity.

What is Mutual Divorce under Section 13B?

Mutual divorce under Section 13B of the Hindu Marriage Act, 1955, allows both husband and wife to seek divorce by mutual consent when:

They have been living separately for a minimum of one year, and
They mutually agree that the marriage has broken down beyond reconciliation.

It is the fastest, least contentious, and most dignified way to dissolve a marriage under Hindu law.

Where to File Mutual Divorce Petition in Indore?

In Indore, a mutual divorce petition is filed in the Family Court located at:

Family Court, Indore

You must approach the Family Court having jurisdiction based on:

Place where the marriage took place, or
Where the couple last resided together, or
Where the wife is currently residing.

Documents Required for Mutual Divorce in Indore

To file a mutual divorce petition under Section 13B, you need the following documents:

Marriage Certificate (registered or unregistered proof)
Address Proof of both parties (Aadhar Card, Passport, Voter ID, etc.)
Photographs of marriage (optional but helpful)
Joint Petition signed by both husband and wife
ID Proofs of both parties
Proof of Separation (could be in the form of an affidavit or communication)
Settlement Agreement (if any, regarding alimony, maintenance, child custody, property division, etc.)
Birth Certificates of Children, if applicable
Income Proofs or Salary Slips (if maintenance is involved)
PAN Cards of both spouses

Step-by-Step Procedure to File Mutual Divorce Petition in Indore

Step 1: Consult a Family Lawyer

Hire an experienced family lawyer in Indore who can help draft the joint petition and guide both parties through the process smoothly.

Step 2: Drafting and Filing the Joint Petition

A mutual consent divorce petition is jointly prepared and signed by both husband and wife. It contains:

Grounds for divorce
Period of separation
Consent to divorce
Terms of settlement (alimony, child custody, property, etc.)

This petition is then filed in the Family Court of Indore.

Step 3: First Motion Hearing

Both parties must be physically present on the first hearing date. The Court records their statements and verifies their consent. The matter is then adjourned for a six-month ‘cooling-off period’.

Note: The six-month period can be waived under certain conditions by moving an application.

Step 4: Cooling-Off Period

This six-month period is granted to allow the couple to reconsider their decision. If the parties still wish to proceed after this period, they move the Second Motion.

Step 5: Second Motion and Final Hearing

After the cooling-off period, both parties appear before the court for the second motion. The judge confirms their willingness to separate and ensures all settlement terms are honored.

Step 6: Final Divorce Decree

If the judge is satisfied that both parties are giving consent voluntarily and all terms are mutually agreed, the court passes a decree of divorce under Section 13B(2). The marriage stands legally dissolved.

Time Frame for Mutual Divorce in Indore

Minimum Time: Around 6 months, if no waiver is granted
With Waiver: Can be completed in as little as 2–3 months
Maximum Time: If delays occur (e.g., absence of parties), it may take up to 12 months

Court Fee and Lawyer Charges in Indore

Court Fees: Nominal, approximately ₹100–₹200 for filing
Lawyer’s Fee: Varies based on experience and complexity. In Indore, typical charges range from ₹15,000 to ₹50,000 for complete mutual divorce process.

Frequently Asked Questions (FAQs)

Can mutual divorce be filed online in Indore?

No, you cannot file mutual divorce completely online. Physical presence is required in Family Court at both first and second motion stages. However, some states allow online scheduling or partial e-filing.

Is six-month cooling-off period mandatory?

Not always. The Supreme Court in Amardeep Singh v. Harveen Kaur (2017) allowed courts to waive off the six-month period if:

Parties have lived separately for more than 18 months, and
There is no chance of reconciliation

You can apply for waiver of cooling-off period in the petition itself or after the first motion.

What if one party backs out after the first motion?

If either party withdraws consent before the second motion, mutual divorce cannot be granted, as both parties’ continued consent is mandatory.

Is alimony or maintenance compulsory in mutual divorce?

No. It is not compulsory. The parties can mutually decide:

Whether alimony will be paid or not
One-time settlement amount or monthly maintenance
Custody and visitation rights for children

These terms are recorded in the settlement agreement.

Can NRIs or couples living abroad file mutual divorce in Indore?

Yes, but at least one party must appear before the court in person. Courts may accept video conferencing in rare cases or allow representation through a power of attorney.

Final Checklist Before Filing Mutual Divorce

✔ Ensure you both have lived separately for at least one year
✔ Both parties must willingly consent to divorce
✔ Settlement regarding alimony, children, and property should be mutually agreed
✔ All documents are complete and signed
✔ Engage an experienced family lawyer in Indore

Conclusion

Filing for mutual divorce under Section 13B of the Hindu Marriage Act is a straightforward and time-saving process if both parties are in agreement. In Indore, the Family Court provides an efficient platform for couples seeking separation on amicable terms. With proper legal guidance, documentation, and understanding of the process, mutual divorce can be obtained smoothly without unnecessary stress.

If you are looking for a family lawyer in Indore for mutual divorce, ensure you consult someone with expertise in drafting settlement agreements, negotiating terms, and filing petitions efficiently.

Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304