A Mutual Divorce Petition is a formal joint application submitted by both husband and wife before the Family Court seeking a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 or Section 28 of the Special Marriage Act, 1954.
Under Adv. Jyoti Chavhan’s expertise, every petition is meticulously structured to ensure that all financial settlements, alimony declarations, child custody terms, and asset waivers are legally binding.
Essential Components of the Petition:
- First Motion Joint Petition (Sec 13B-1): Verifying 1+ year of separate living and irretrievable breakdown.
- Memorandum of Understanding (MOU) Attachment: Comprehensive settlement deed detailing alimony and custody.
- Sworn Joint Affidavits: Duly notarized affidavits declaring free consent without coercion or collusion.
- Second Motion Petition (Sec 13B-2): Final motion petition filed after expiration or waiver of cooling-off period for final decree.
