Once you have filed a petition for divorce on the ground of mutual consent, under Section 13-B of the Hindu Marriage Act, and if both the parties have already given their consent to the divorce on the second motion also, then the decree of divorce is passed by the court in the same petition. There is no need to file any separate petition or any separate case or any separate application. The very purpose of filing petition under Section 13B is to seek a decree of divorce. Therefore, there is no need for any separate application for getting the decree of divorce in such a case.
In fact, Section 13-B itself lays down that after the second motion, “…the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.”
Though it is expected that you should remain present in court at the time of hearing of the matter, once you have remained present at the time of the second motion and given your consent, it should be possible for you to be represented by your lawyer and POA, and the court will generally permit it. In fact, it should not take much time for the court to pass decree of divorce after the second motion.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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