Kaagazaat

Mutual Divorce Second Motion Petition (Section 13-B(2))

At a glance

Price: Free
Stamp duty: This Petition claims no monetary relief, so court fee is not charged ad valorem.
Registration: Not a registrable instrument.
Witnesses: No attesting witnesses are required for the Petition itself.

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Also called

Second Motion Petition
Section 13-B(2) Petition
Mutual Consent Divorce Second Motion
Final Motion Divorce Petition
दूसरा प्रस्ताव तलाक याचिका
धारा 13-बी(2) याचिका
ਦੂਜੀ ਮੋਸ਼ਨ ਤਲਾਕ ਪਟੀਸ਼ਨ

When you need it

Both spouses already presented the first motion of a mutual-consent divorce petition under section 13-B(1) of the Hindu Marriage Act, 1955, and the statutory period has run — ordinarily not earlier than six months and not later than eighteen months after the first motion, unless the Family Court has waived that period on the footing the Supreme Court set out in Amardeep Singh v. Harveen Kaur. This is the second motion: both spouses move it jointly, reaffirming that their mutual consent continues, that reconciliation has failed, and asking the Court to pass the decree of divorce.

If the six-month period has not yet run and neither spouse has obtained a waiver, use the Application to Waive the Six-Month Period first, or wait out the period — a second motion moved before the statutory gap has elapsed, without a waiver, is premature. Not for the first motion itself — use the Mutual Divorce Petition (Section 13-B, First Motion) for that. Not for a contested divorce, or for a marriage under a personal law other than the Hindu Marriage Act, 1955, for the same reasons the first motion template excludes them.

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See stamp duty, registration and witnesses

What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

This Petition claims no monetary relief, so court fee is not charged ad valorem. A second motion under section 13-B of the Hindu Marriage Act, 1955 ordinarily carries a small fixed court-fee stamp under the Court Fees Act, 1870 as applicable to Punjab, and under that Act as applicable to the Union Territory of Chandigarh. Confirm the current fixed amount at the filing counter before presenting this Petition.

Registration

Not a registrable instrument. This Petition is a pleading filed with the same Family Court — or District Court exercising family jurisdiction under the Family Courts Act, 1984 — that recorded the first motion, and becomes part of that court's own record. The decree the Court passes on this motion is the judicial record of the divorce.

Notarisation

Each Petitioner must swear or affirm a supporting affidavit verifying the contents of this Petition, before a Notary Public, an Oath Commissioner attached to the court, or the court itself at the time of the second motion. Sign only in the attesting officer's presence.

Witnesses

No attesting witnesses are required for the Petition itself. Both Petitioners must ordinarily appear before the Family Court in person for the second motion, with photo identification.

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IN THE COURT OF THE FAMILY COURT, PANCHKULA

HMA No. 118 of 2026

IN THE MATTER OF SECTION 13-B(2) OF THE HINDU MARRIAGE ACT, 1955

BETWEEN

Vikram Chopra, resident of House No. 1103, Sector 15, Panchkula 134113 ... PETITIONER NO. 1

AND

Ritika Chopra, resident of House No. 340, Sector 9, Panchkula 134109 ... PETITIONER NO. 2

SECOND MOTION PETITION FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT UNDER SECTION 13-B(2) OF THE HINDU MARRIAGE ACT, 1955

MOST RESPECTFULLY SHOWETH:

1. That the Petitioners presented the first motion of this joint petition under section 13-B(1) of the Hindu Marriage Act, 1955 before this Hon'ble Court on 1 April 2026, in respect of their marriage solemnised on 2 April 2026, which stands recorded on the record of this case.

2. That This second motion is presented not earlier than six months and not later than eighteen months from the date the first motion was presented, in the ordinary course of section 13-B(2) of the Hindu Marriage Act, 1955

3. That There has been no reconciliation between the parties since the first motion, and they continue to live separately

4. That The Petitioners confirm that the terms as to custody, alimony, stridhan and property recorded in the first motion continue to reflect the position between them, and nothing further remains to be settled

5. That the mutual consent of the Petitioners to the dissolution of their marriage, as stated in the first motion, continues to subsist as on the date of this second motion, and has not been obtained or continued by force, fraud or undue influence.

6. That this Petition is filed in the State of Punjab, before the same Court that recorded the first motion.

PRAYER

It is therefore most respectfully prayed that this Hon'ble Court may be pleased to:

(a) record the statements of the Petitioners on this second motion under sub-section (2) of section 13-B of the Hindu Marriage Act, 1955; and

(b) pass a decree dissolving the marriage solemnised between the Petitioners on 2 April 2026, by mutual consent.

Through Counsel: Rajeev Malhotra, Advocate

PETITIONER NO. 1 PETITIONER NO. 2

VERIFICATION

Verified at Panchkula on 2 April 2026 that the contents of paragraphs 1 to 6 of this Petition are true and correct to our respective knowledge, that no part of it is false and that nothing material has been concealed therefrom.

PETITIONER NO. 1 PETITIONER NO. 2

Questions about this document

Does the Mutual Divorce Second Motion Petition (Section 13-B(2)) need stamp paper or stamp duty in Punjab and Chandigarh?

This Petition claims no monetary relief, so court fee is not charged ad valorem.

See the full position on stamp duty, registration and witnesses

Does the Mutual Divorce Second Motion Petition (Section 13-B(2)) need registration in Punjab and Chandigarh?

Not a registrable instrument.

See the full position on stamp duty, registration and witnesses

What does the Mutual Divorce Second Motion Petition (Section 13-B(2)) cost on Kaagazaat?

Free.

Documents are free. Only kits are paid.

Does the Mutual Divorce Second Motion Petition (Section 13-B(2)) need witnesses?

No attesting witnesses are required for the Petition itself.

See the full position on stamp duty, registration and witnesses

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