Affidavit for Mutual Divorce – First Motion (Sec. 13B HMA)

Last updated: October 18, 2025 Type: Affidavit

**Sample PDF of the Affidavit is attached at the end.

Why is this affidavit used?

To confirm before the court that both spouses are seeking divorce of their own free will.
To place on record that the couple has lived separately for at least one year and has no chance of reconciliation.
To declare that the terms of settlement (maintenance, alimony, custody of children, stridhan/dowry return, property division, etc. in the Hindu marriage act) are final and binding.
To assure the court that consent is not obtained through force, fraud, or undue influence.
To help the court verify the genuineness of the mutual divorce petition before granting the decree.

When is it used?

Filed at the stage of the First Motion Petition for divorce under Section 13B.
Submitted along with the joint petition signed by both husband and wife.
Produced at the time of recording statements in court (both parties must appear personally).

Purpose

Legal Proof of Consent – ensures neither party later denies giving consent.
Settlement Record – clearly documents financial settlement, child custody, and other agreed terms.
Judicial Satisfaction – helps the judge verify that divorce is sought mutually, not through coercion.
Future Protection – prevents future claims once settlement is completed (e.g., the wife cannot later file for maintenance if waived).

Other Important Points

Both spouses file separate affidavits, though the contents are usually similar.
Second Motion (after 6 months cooling-off, extendable/reducible by court) requires another affidavit reaffirming consent.
If one spouse withdraws consent before Second Motion, divorce cannot be granted.
The affidavit and oral statement in court form the basis for the decree of divorce.

FAQs

Q1. Is this affidavit compulsory in a mutual consent divorce?: Yes. The court requires sworn affidavits from both spouses to confirm voluntary consent and settlement.
Q2. Can one party later back out after filing this affidavit?: Yes, until the Second Motion is completed, either spouse can withdraw consent. Then divorce will not be granted.
Q3. What is the role of settlement terms in this affidavit?: It binds both parties on maintenance, custody, alimony, and property issues. Later disputes are barred if terms are fulfilled.
Q4. Why is a separate affidavit needed if there is already a joint petition?: The affidavit is a personal testimony under oath of each spouse. The joint petition is collective; the affidavit shows individual consent.
Q5. Can this affidavit be challenged?: Rarely, but yes—if later proved that consent was obtained by fraud, misrepresentation, or force.
Q6. What happens if one spouse doesn't appear for recording the affidavit in court?: The petition will fail; mutual consent divorce requires the presence of both spouses.
Q7. Is child custody decided finally through this affidavit?: Yes, unless the court finds it against the welfare of the child. Court always has overriding power in custody matters.
Q8. Do both husband and wife need to pay stamp duty separately?: No. Usually it's executed on plain paper, signed and verified before an oath commissioner/notary, then filed in court.

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Format/Affidavit

IN THE COURT OF THE _____________ JUDGE AT _________

H.M.A. PETITION NO. __________ OF 20__

IN THE MATTER OF:

MRS WI_________

PETITIONER NO. 1

VERSUS

MR. HU

__________ PETITIONER NO. 2

AFFIDAVIT

I, Ms. _______________, Wife of _______________, Daughter of ___________, aged _________ years, presently residing at _________________________, do solemnly affirm and say as follows:

That I am Petitioner No. 1 in the accompanying petition filed under Section 13B of the Hindu Marriage Act, 1955, and I am fully acquainted with the facts and circumstances of this case.
That I have carefully perused the contents of the accompanying petition, and I reaffirm all statements contained therein, which are not being reproduced here for the sake of brevity.
That I was married to Petitioner No. 2 on _______________ at _______________, in accordance with Hindu rites and ceremonies.
That following the marriage, a male child named ___________________ was born out of wedlock on ________________.
That the Particulars stated in the accompanying petition regarding my age, status, and place of residence at the time of marriage and at the time of instituting this petition may kindly be treated as part of this affidavit to avoid repetition.
That the parties resided together in the house of Petitioner No. 2 until, due to serious temperamental differences and complete incompatibility between us, I left the matrimonial home on _________________.
That the parties have been unable to cohabit and have been living separately since the aforementioned date, with absolutely no resumption of marital relations.
That despite all efforts at reconciliation, the marriage has irretrievably broken down.
That the parties have settled all their disputes and have mutually decided to dissolve their marriage by mutual consent on the following terms and conditions:
That Petitioner No. 2 has agreed to pay me a total sum of Rs ___________ towards the full and final settlement of all claims, including past and future maintenance for myself and the minor child, stridhan, dowry articles, and any other claims. Thereafter, I shall have no further claim of any nature against the person or property of Petitioner No. 2.
That out of the above amount, a sum of Rs __________ has already been paid by Petitioner No. 2 to me by way of draft No. __________ dated __________ issued by ____________, in the Court of Shri ____________, on ____________, when I withdrew my petition under the Domestic Violence Act.
That the remaining amount of Rs __________ shall be paid at the time of recording the statements of the petitioners at the stage of the first motion before this Hon'ble Court, and a further sum of Rs __________ shall be paid at the time of recording the statements during the second motion.
That it has been mutually agreed that the aforesaid minor child shall remain in my care and custody, and Petitioner No. 2 shall only have visitation rights.
That Petitioner No. 2 shall not claim custody of the said child at any time, and I have undertaken not to seek any maintenance from Petitioner No. 2 for the child in future.
That the mutual consent for divorce has not been procured by way of any force, fraud, or undue influence.
That this petition has not been presented in collusion with Petitioner No. 2.
That there has been no unnecessary or improper delay in filing this petition.
That there is no other legal ground which would preclude the granting of the relief sought in the accompanying petition.

Signed at ___________ this ___________ day of ___________20__

DEPONENT

VERIFICATION

I, the above-named deponent, do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein.

Signed and verified this _______ day of _______ 20 _______ at _______

DEPONENT

Solemnly affirmed and signed before me by the deponent, who is personally known to me, on this the _____ day of ________, 20__.

COUNSEL FOR THE DEPONENT

Format Type

Affidavit