Divorce under Section 13 of the Hindu Marriage Act, 1955 (HMA) can be filed on various grounds including cruelty, desertion, adultery, unsoundness of mind, and more. This guide provides a complete checklist for filing a divorce petition in India under Section 13.
Petitioner’s Personal Details
Prepare accurate personal details of the spouse filing the case:
- Full Name
- Father’s/Mother’s Name
- Age & Date of Birth
- Occupation
- Monthly Income
- Present Address & Permanent Address
- Contact Number
- Email ID
- Religion
- Educational Qualification
Respondent’s Details (Opposite Spouse)
- Full Name
- Age
- Occupation
- Monthly Income (approx.)
- Present & Permanent Address
- Education
- Religion
Marriage Details
These must be attached clearly and with documents:
- Date & Place of Marriage
- Nature of Marriage (Hindu rites/Registered)
- Registration Certificate (if available)
- Details of Children (Name, Age, DOB)
- Last Place of Cohabitation
- Date of Separation
- Whether it is first marriage of both parties
Grounds for Divorce Under Section 13
Select applicable legal grounds:
- Cruelty (Mental/Physical)
- Desertion (Minimum 2 years)
- Adultery
- Unsound Mind
- Conversion to Another Religion
- Communicable Venereal Disease
- Renunciation (becoming Sanyasi)
- Not Heard of Alive for 7 Years
- Mutual Consent (Section 13B)
If the ground is Cruelty, Adultery, or Desertion—include detailed facts, dates, incidents, witnesses.
Marriage History & Issues
Provide a clear timeline:
- When marital problems started
- Specific incidents with dates
- Attempts of mediation or reconciliation
- Whether living separately (since when)
- Any sexual relations after separation?
Documents & Evidence Required
Attach relevant documents (if applicable):
- Marriage Certificate
- Address proof & separation proof
- Photos/videos of wedding
- Medical records
- Witness details
- Police complaints/FIR
- Counselling or mediation reports
- WhatsApp/SMS/social media chats
- Proof of adultery
- Evidence of reconciliation efforts
Pending or Past Legal Proceedings
Provide case status and court details if applicable:
- Section 85 BNS (Cruelty)
- Domestic Violence (Section 12)
- Maintenance (Section 144 BNSS)
- Child Custody Case
- Civil/Property Dispute
- Previous Divorce Petition (withdrawn or dismissed)
Details of Children (If Applicable)
- Names & Age
- Custody details
- Maintenance required
- Schooling/Medical/Special needs
Reliefs Requested from Court
- Divorce Decree
- Permanent Alimony
- Child Custody & Visitation
- Residence Rights
- Return of Stridhan/Dowry Items
- Injunction/Protection from harassment
- Any other specific prayer
Jurisdiction
Divorce petition can be filed where:
- Marriage was solemnized
- Last lived together
- Petitioner presently resides
- Court in that jurisdiction
Additional Remarks
State:
- Whether petitioner wants Mutual or Contested Divorce
- Likelihood of settlement
- Whether respondent will contest
- Any medical problems of either spouse
- Need for restraining order for safety
Conclusion
Section 13 HMA allows both contested and mutual divorce based on valid legal grounds. Providing accurate details, strong evidence, and proper documents plays a crucial role in obtaining relief from the court.