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Mutual Consent Divorce — Document Set

પરસ્પર સંમતિથી છૂટાછેડા

The papers for a joint petition under section 13B. The decree comes from the Family Court — never from a notary and never from a stamp paper.

e-StampNotaryCourt

There is no valid "notary divorce" or "stamp paper divorce".

A marriage is dissolved only by a decree of a Family Court. Papers signed on stamp paper before a notary do not end a marriage, whatever the person selling them calls it. If you have been given such a document and told you are divorced, you are not, and you should have it looked at before you remarry or deal with property on that footing.

What the document set actually consists of

A mutual consent petition under section 13B of the Hindu Marriage Act, 1955 — or section 28 of the Special Marriage Act, 1954 where the marriage was solemnised under that Act — is a court process in two motions, and the paperwork runs alongside it:

  • The joint petition, setting out the marriage, the separation and the mutual consent
  • Consent terms covering permanent alimony, custody and access, and division of property and belongings — this is the document that decides everything and deserves the most care
  • Affidavits of both parties
  • Marriage proof, and the documents supporting whatever the consent terms provide
  • The second motion papers after the statutory period
The consent terms are the part that lasts.

The decree ends the marriage. The consent terms govern the next twenty years — what is paid, when, what happens if it is not paid, who has the children when, and what each party keeps. Terms drafted vaguely to get the matter over with generate applications for years afterwards. Take the time on this document.

Note also that parties cannot contract out of statutory maintenance rights; a court retains its jurisdiction whatever the agreement says. Maintenance and alimony → · Custody arrangements →

On stamp duty.

We do not publish duty figures on this website. The Gujarat Stamp Act, 1958 was amended in 2025 and several articles were restructured; a rate printed on a web page goes stale and costs somebody money. As a Government authorised e-Stamping centre we confirm the duty currently prescribed for your specific document and issue the e-stamp against it, at face value. The notarial fee is separate and capped by law — ₹35 to attest execution, ₹35 to administer an oath or take an affidavit, under Rule 10(1) of the Notaries Rules, 1956. The full fee table →

Drafted here, in Gujarati or English

Drafted by an advocate of 35+ years rather than filled into a downloaded template, e-stamped at a Government authorised centre, and notarised in the same visit. If the parties read Gujarati, the document is drafted in Gujarati — not translated out of an English form, because legal Gujarati has its own settled vocabulary and a literal translation frequently means something looser.

What to bring

  • Marriage certificate or proof of marriage
  • Photo ID and address proof for both parties
  • Details of children, their ages and schooling
  • A note of what has been agreed on alimony, custody and property
  • Details of jointly held assets, loans and stridhan

Related

Common questions

Can a notary grant a divorce?

No. A marriage is dissolved only by a decree of a Family Court. There is no such thing in law as a notary divorce or a stamp paper divorce, and anyone offering one is misleading you.

How long does a mutual consent divorce take?

It is a two-motion process with a statutory period between the motions, and timelines vary with the court's list. What is within your control is having the petition and consent terms drafted properly the first time, since defective papers cause more delay than the statutory period does.

Can the consent terms be changed later?

Terms relating to children are never beyond the court's reach — the welfare of the child governs, and arrangements can be revisited. Financial terms recorded in a decree are harder to reopen, which is exactly why they should be got right at the outset.

Not sure which document you need?

Tell us what the office, bank or court asked for. We will name the exact document, the stamp value and whether notarisation is enough — before you pay anything.

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