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John Paul Maliekal (Sr. Application Developer)     01 February 2012

Is there a second petition for mutual divorce ??


My spouse and I have been seperated for almost 6 months now. We have both agreed for a mutual divorce petition. From my earlier post in this forum I was able to understand that I need to file form 13B to start the divorce petition.

I also learnt from this forum that after filing the first petition a second one needs to be filed after 6 months. However my lawyer told me that there is no such thing a second petition. There may be a second part to 13B but there is no more signature required from our end. In the due course of time that is, after 6 months after the first petition divorce is normally granted unless both parties say "NO" to the mutual divorce.

Can the respected lawyers in this forum please let me know if this understanding is correct ? What is exact course of action after the first petition assuming all other things go normally and no mess-up from my in-law's side?


Thanks & Regards,

John Paul



 7 Replies


yes there is no any such thing like second petition, as if both the parties r ready for mutual divorce then it will proceed further.

further, feel free to consult for any support.

Manoj kumar,
Ph: 0931 044 3650

Tajobsindia (Senior Partner )     01 February 2012

@ Author


We understand sailing through legal jargons and court practice procedures for laymen's are a nightmare and probably there is some understanding problem on what your lawyer said and what is correct practice procedure for MCD (Mutual Consent Divorce First and Second Motion read with Decree in) proceedings.


For simplicity read short version of First and Second Motion practice procedure resulting into decree in MCD as basic understanding;


1. Under Section 13-B of the Hindu Marriage Act of 1950, the parties can seek divorce by mutual consent by filing a petition before the court. After the filing of the petition (i.e. moving First Motuion) and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months where after the party has to again approach the court for making a second motion confirming the mutual consent earlier given in the petition filed by them. It is only after this second motion is made that a decree of the divorce is granted by the court. During this period of 6 months when the petition is pending , any of the spouse is fully entitled to withdraw the mutual consent. In such an eventuality no divorce decree can granted by the court. The consent can be withdrawn during this period of 6 months by either of the spouse, by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent. The court is bound under such circumstances not to grant a decree of divorce. There is no option available to the other party to such circumstances except to file a normal petition for divorce under the provisions of the Section 13 of the Hindu Marriage Act, 1950.


2. For your second question on 'signature' and/or “personal presence” of either or both party at the time of second motion in MCD it is allowed that the either and/or both spouse can be represented by a men and Agent under Power of Attorney to move and sail through Second Motion and neither their signature nor physical presence is a must. Only thing that Court cross-checks by way of enquiry is authenticity of Power of Attorney and someone from either spouse to vouch for that spouse identification / relationships. in short signature is not required during second motion if that spouse is being represented under Power of Attorney and someone from that spouse side is able to identify that spouse.



Or wait for my other ld. brothers coming up with short and sweet version of above two long paras for easy understanding !

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     01 February 2012

You want to cut the relations permanently for that you have to cross many  more bridges.

Chaitanya_Lawyer_Mumbai (Lawyer)     01 February 2012

First of all,MCD cannot be filled with 6 months separation,it needs 1 year of separation.for that,you need to state different date of separation.

During second motion both parties should be present & state what what was mentioned in first petition & pray for divorce,on which divorce will be granted.

if either party is not willing to come for seconf motion,from 6 months to 18 months,the petiion gets dismissed.after 18 party will not get divorce just beacuse other party has not withdrawn consent.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 February 2012

Your lawyer is misquiding you,


Tajobs has explained the process in detail.


In "short and sweet", second motion is a must and personal attendance need to be dispensed in extreme situations but a valid PoA is a must even then.



Shonee Kapoor

harish (manager)     27 April 2015

so , by all means you want to say that there is no filling of second motion application.(@shonee kapoor sir)

just an appearance of both parties in court and consent for divorce.

no written document required for filling second motion?

if yes pl send me a sample format for same

Nitish Banka (lawyer)     22 April 2018

Posted by: Nitish Banka  Categories: Civil Law Family Law 


Mutual consent Divorce Procedure and complete guide

What is Mutual Consent Divorce?

Mutual consent divorce is a process by which martial status of a married couple comes to an end. This is one of a way to get divorce and most easiest form compared to other forms like Divorce by DesertioncrueltyAdultery etc. This mode of divorce is normally called uncontested form of divorce and is envisaged in Section 13B(1) and 13B(2) of Hindu Marraige Act 1955. This form is commonly known as first motion and second motion divorce petition both petitions separated by 6 months period.

Procedure to get Mutual Consent Divorce

Here are some of the requirements of getting divorce by mutual consent

  1. Mutual consent

As the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent

How to come to a mutual consent

The husband and wife sit together either with the help of close relatives, lawyers or in mediation. They first decide custody and visitation rights of children and their custody normally custody of children goes and decided mutually in favor of wife and husband do get visitation rights if this is decided then they proceed ahead with issues related to maintenance and alimony to wife. Normally husband agree on lump sum and one time  payment of fixed amount in favor of wife and wife on the other hand will not demand any maintenance or alimony in future. only when all the above issues are resolved the mutual consent divorce is possible.

Image result for mutual consent divorce

Mutual consent Divorce

2. Preparation of Mutual consent divorce agreement

After oral discussion its now time to get it on paper here at this stage mutual consent agreement is prepared and which is a detailed documents of whatever has been agreed between the couples they are bound by it. the mutual consent agreement has to be notarized and signed in front of notary public.

3.  List of documents for mutual consent Divorce

  1. Petition of mutual consent divorce both motions along with waiver of 6 months cooling off application in case you wish to waive off 6 months waiting period between two motions. if other spouse is in other country then power of attorney of other spouse.
  2. 4-5 recent photographs to be pasted on petition and agreement.
  3. Proof of marriage which includes either Marriage card with marriage photographs or marriage registration certificate with marriage photographs.
  4.  Id card with address proof

Note: you must carry originals at time of court hearing.

4. Court Hearings

At the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.

  1. Common questions like date of marriage and separation?
  2. custody of children?
  3. Consent is without any coercion or undue influence?

After basic questions the couple move ahead for verification of original document and hearing is concluded once they sigh on their respective statements.

Conclusion of Mutual consent divorce Proceedings

After the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.

By Adv. Nitish Banka


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