Mutual Divorce  |  First Motion  |  Section 13B

The First Motion Hearing
in Mutual Divorce

The First Motion is the first formal step your mutual divorce takes inside a Family Court. Both spouses appear together, the joint petition is placed before the judge, and individual statements are recorded. It is not a contested hearing — there is no argument, no cross-examination, and no adversarial element to it.

This page explains what the First Motion is, what happens on that day, what documents you need, and what follows after the court records your statements.

Start your mutual divorce application Read about the full process
Both spouses attend
Statements recorded by court
Cooling-off begins after this
No cross-examination
The Basics

What Is the First Motion in a Mutual Divorce?

Under Section 13B of the Hindu Marriage Act, 1955, a mutual divorce petition is presented to the Family Court in two stages. The first stage is called the First Motion. It is the hearing at which the court formally receives your joint petition, satisfies itself that both spouses are present and consenting, and records their statements on the record.

The First Motion is not a trial. The judge does not evaluate the merits of your marriage or your reasons for seeking divorce. The court's primary concern at this stage is that both spouses are present voluntarily, that the petition has been jointly filed, and that the facts stated — date of marriage, period of separation, absence of cohabitation — are confirmed by both parties in their own statements.

Once the First Motion is completed, the statutory six-month cooling-off period under Section 13B(2) begins. This period runs between the First and Second Motion hearings. In cases where the couple qualifies for the cooling-off waiver, the court may waive this waiting period entirely, allowing the Second Motion to be heard sooner.

First Motion at a Glance
1
Joint petition presented to the judge
2
Both spouses appear before the court
3
Individual statements recorded on record
4
First Motion order passed by judge
5
Waiver application filed if applicable
6
Second Motion date given by court
Filing the Petition

Who Files the Petition for First Motion?

The joint divorce petition is filed by both spouses together through their advocate. In Mutual Divorce Online's process, a single empanelled advocate handles this filing on behalf of both husband and wife. The petition is drafted during the documentation stage, reviewed and confirmed by both parties, and then filed with the Family Court that has jurisdiction over your case.

Along with the petition, the advocate files a set of supporting documents with the court. These are described in the documents section below.

Jurisdiction under Section 19: The correct Family Court is determined by where the couple last lived together, where the wife currently resides, or where the marriage was solemnised. Our team identifies the correct court during the documentation stage — before any filing happens.

Jurisdiction is typically determined by where the couple last lived together, where the wife currently resides, or where the marriage was solemnised — as per Section 19 of the Hindu Marriage Act. Choosing the wrong court is one of the most common reasons petitions are returned or delayed.

Once the correct court is identified, our advocate files the petition on the scheduled date. Both spouses are informed of the filing date and the subsequent First Motion hearing date well in advance so arrangements can be made.

Inside the Courtroom

What Actually Happens at the First Motion Hearing

The hearing itself is typically brief. Family courts handle several matters each day and mutual divorce hearings are generally not lengthy. Here is the sequence from the moment you enter the courtroom to when you leave.

01

The Advocate Presents the Petition

The advocate appears before the judge with the joint petition and supporting documents. The filing is formally presented to the court and the matter is placed on record. The judge reviews the petition briefly to confirm it is in order.

02

Both Spouses Are Called Before the Judge

The court calls both husband and wife to appear before the judge. You are not required to argue anything or explain the reasons for your divorce. The court simply needs to hear from both of you directly to confirm your presence and identity.

03

Individual Statements Are Recorded

Each spouse gives a brief statement confirming their identity, the details of the marriage, the period of separation, that they are not living together as husband and wife, and that the petition has been filed with free and voluntary consent. These statements are recorded by the court and form part of the case record.

04

The Judge Passes the First Motion Order

Once statements are recorded and the court is satisfied, the judge passes the First Motion order. This formally acknowledges the petition and marks the beginning of the cooling-off period. It is not a divorce decree — the marriage is not yet dissolved at this point.

05

Cooling-off Period or Waiver Is Addressed

If you are applying for the cooling-off waiver — because you have not been living as husband and wife for over 1 year — the waiver application is typically filed at this stage or shortly after. The court may take it up at the same hearing or schedule it separately depending on the judge's practice.

06

Next Date Is Given for Second Motion

The court gives a date for the Second Motion hearing. If the cooling-off waiver is not being sought, this date will typically be six months from the First Motion. If the waiver is granted, the Second Motion can be scheduled much sooner — sometimes within weeks.

What to Bring

Documents Required for the First Motion Filing

These documents are submitted with the joint petition when your advocate files the First Motion. Our team provides a complete checklist during the documentation stage and reviews your documents before the filing date.

  • Original or certified copy of the marriage certificate
  • Proof of address for both spouses — Aadhaar, passport, voter ID, or utility bill
  • Passport-size photographs of both spouses
  • Proof of separation or non-cohabitation where available — rental agreements, separate address proofs
  • Copy of the settlement agreement — covering alimony, property division, and child custody if applicable
  • Affidavits from both spouses confirming the facts stated in the petition
  • Any relevant existing court orders — maintenance orders, interim custody orders, if applicable

If your original marriage certificate is unavailable, a certified copy from the marriage registrar's office or the relevant municipal authority is generally accepted. Our team will guide you on what is acceptable in the specific Family Court handling your case.

Before the Filing Date

Our team reviews every document before it is filed. Incomplete or incorrectly formatted documents are the most common cause of adjournments at the First Motion stage. An adjournment delays the entire timeline unnecessarily.

The settlement agreement is the most critical document in the bundle. Vague language creates future disputes. We draft every clause precisely — exact alimony amounts, custody schedules with specific dates, property timelines — before the petition is filed.

Read the settlement terms guide
What Comes Next

The Cooling-Off Period That Begins After First Motion

Section 13B(2) of the Hindu Marriage Act requires that at least six months pass between the First and Second Motion hearings. This period is intended to give the couple time to reconsider their decision. During this period, either spouse can withdraw consent, which would prevent the divorce from being granted at the Second Motion.

In practice, the cooling-off period simply means a waiting period. If both spouses remain committed to the divorce, nothing happens during these six months — you do not need to attend court or take any action. The Second Motion is scheduled for a date after this period ends.

However, if your case qualifies for the cooling-off waiver, this six-month wait can be avoided. The Supreme Court of India in Amardeep Singh v. Harveen Kaur (2017) held that the cooling-off period is not mandatory and can be waived if the parties have not been living as husband and wife for over 1 year and all efforts at reconciliation have failed. Read the full conditions on our cooling-off period and waiver page.

Standard Cooling-off: 6 Months

Begins immediately after the First Motion order. No court attendance needed during this period. Second Motion is scheduled after it ends.

Waiver: Eligible if Separated 1+ Year

If you have not been living as husband and wife for over 1 year, the waiver application is filed at the First Motion stage. When granted, the Second Motion can be scheduled weeks instead of months later.

Either Spouse Can Withdraw Consent

During the cooling-off period, either party can withdraw their consent. If this happens before the Second Motion, the mutual divorce petition cannot proceed.

First Motion Order Is Not a Divorce Decree

The order passed at First Motion simply records that the petition has been accepted. The marriage is not dissolved until the Second Motion decree is passed.

Physical Presence

Do Both Spouses Have to Be Present at the First Motion?

Yes, in standard practice both husband and wife are required to be physically present before the judge at the First Motion hearing. The court needs to record individual statements from each party and satisfy itself that consent is genuine and voluntary. This cannot be done if one spouse is absent.

In certain circumstances, courts have allowed one spouse to appear through a duly authorised power of attorney holder, or to participate via video conferencing — particularly for NRI spouses or those with medical conditions preventing travel. This is subject to the court's discretion and is not guaranteed in every jurisdiction.

If you or your spouse cannot be physically present at the hearing, this needs to be discussed with the advocate before the petition is filed — not on the day of the hearing. Our team assesses these situations during the documentation stage. You can also read more on our page about mutual divorce without physical court appearance to understand when and how exceptions apply.

Exceptions — Subject to Court Discretion
Video Conferencing Available in certain courts for NRI spouses or medical cases. Requires prior court permission.
Power of Attorney A duly authorised representative can appear on behalf of an absent spouse in some jurisdictions. Not universally accepted.
Must Be Arranged in Advance Any exception to physical presence must be cleared with the court before the petition is filed — never on the hearing day.
If Consent Changes

What If One Spouse Changes Their Mind Before or After First Motion?

Before First Motion

Petition Does Not Go Forward

If consent is withdrawn before the First Motion, the petition simply does not proceed. No court filing happens. The matter ends at the documentation stage and no further fees are charged beyond what has already been paid.

After First Motion, Before Second Motion

Mutual Divorce Cannot Be Granted

If consent is withdrawn after the First Motion but before the Second Motion order, the court cannot grant a mutual divorce. The petition fails. The party seeking divorce must then explore a contested filing or other legal options.

Both spouses are contacted independently at the form submission stage to verify that consent is voluntary before any documentation or filing begins. If one spouse is refusing to participate in a mutual divorce that was initially agreed upon, options change significantly. Our page on what to do when your spouse is not agreeing to divorce covers this in detail.

Other Personal Laws

First Motion Under Different Personal Laws

Hindu Marriage Act

Section 13B. Governs Hindus, Sikhs, Jains, and Buddhists. The First Motion process described on this page applies directly here. One year of separation required before filing.

Special Marriage Act

Section 28. Applies to civil marriages and interfaith couples. Broadly similar process to Section 13B but court procedures and timelines may differ by jurisdiction.

Read more

Muslim Personal Law

Does not follow the same court-based mutual consent process. Divorce by agreement takes the form of Khula or Mubarat, which operate differently from a court petition.

Read more

Indian Divorce Act

Governs Christian marriages. Mutual consent divorce under Section 10A of the Indian Divorce Act, 1869 differs procedurally from the Hindu Marriage Act process.

Read more
Common Questions

Frequently Asked Questions About the First Motion

How long does the First Motion hearing actually take?

Typically between 15 and 45 minutes depending on the court's docket. Family courts handle multiple matters per session and mutual divorce hearings, being non-contested, are generally brief. Most preparation happens before you enter the courtroom.

What do we need to say before the judge at the First Motion?

Both spouses give a brief statement confirming the facts in the petition — that you are legally married, have been living separately, are not cohabiting as husband and wife, and that the petition was filed with your free and voluntary consent. Your advocate prepares you for this before the hearing. You do not need to explain the reasons for the divorce.

Can we file the First Motion in any city?

No. The petition must be filed in the Family Court with jurisdiction over your case, governed by Section 19 of the Hindu Marriage Act — generally where the couple last resided together, where the wife currently lives, or where the marriage was solemnised. Our team identifies the correct court before filing.

What happens if we miss the First Motion date?

If neither party appears, the court may dismiss the petition for non-prosecution. If only one spouse is absent, the matter may be adjourned, but repeated non-appearance can result in dismissal. Hearing dates must be taken seriously. Our advocate coordinates the date with both parties well in advance.

Is the First Motion order a divorce decree?

No. The First Motion order records that the joint petition has been accepted and both parties have given their statements. The actual divorce is granted only at the Second Motion hearing, after the cooling-off period has passed or been waived. The certified divorce decree is issued after the Second Motion order.

How soon after filing can the First Motion hearing be scheduled?

This depends on the court's schedule. In metro courts with heavy dockets, the first hearing date may be 4 to 8 weeks after filing. In smaller cities it can sometimes be sooner. Our advocate follows up with the court and keeps both spouses informed of the scheduled date.

Does the judge ask why we want a divorce at the First Motion?

Generally, no. In a mutual consent divorce, the court does not inquire into the reasons for the breakdown of the marriage. The court's role at the First Motion is to record statements and satisfy itself that consent exists — not to evaluate whether the divorce is justified.

What comes after the First Motion?

The cooling-off period begins. If your case qualifies for the cooling-off waiver, that application is filed and the court may schedule the Second Motion sooner. Otherwise, both spouses wait out the six-month period. During the cooling-off period, you do not need to attend court or take any action unless the court specifically asks for something.

Ready to Start

Ready to Start Your Mutual Divorce?

The First Motion is one step in a process that begins with an online form and Rs.999. Both spouses fill in their details, consent is verified independently, and our team handles documentation, filing, and court representation from there. The total fee is Rs.40,000 paid across four milestones — you can see the full breakdown on our mutual divorce fees page.

Submit the divorce form online See how pricing works

This page covers the First Motion process under Section 13B of the Hindu Marriage Act, 1955. For divorces under the Special Marriage Act or other personal laws, procedural details may differ. Our team confirms the applicable procedure during the documentation stage based on your specific circumstances.