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    Divorce Mutual Consent Draft

    Uploaded by

    Henlynn Dsouza
    This document provides a draft format for a mutual consent divorce petition that can be filed in family court under Section 13(1)(b) of the Hindu Marriage Act 1955. It includes sections for personal details of both parties, details of their marriage and living arrangements, reasons for not being able to continue the marriage, confirmation that reconciliation has failed, and a request for the court to grant a divorce decree dissolving the marriage.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Divorce Mutual Consent Draft

    Uploaded by

    Henlynn Dsouza
    35K views3 pages
    This document provides a draft format for a mutual consent divorce petition that can be filed in family court under Section 13(1)(b) of the Hindu Marriage Act 1955. It includes sections for personal details of both parties, details of their marriage and living arrangements, reasons for not being able to continue the marriage, confirmation that reconciliation has failed, and a request for the court to grant a divorce decree dissolving the marriage.

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    Draft of Mutual Consent Divorce Petition

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    This document provides a draft format for a mutual consent divorce petition that can be filed in family court under Section 13(1)(b) of the Hindu Marriage Act 1955. It includes sections for personal details of both parties, details of their marriage and living arrangements, reasons for not being able to continue the marriage, confirmation that reconciliation has failed, and a request for the court to grant a divorce decree dissolving the marriage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    35K views3 pages

    Divorce Mutual Consent Draft

    Uploaded by

    Henlynn Dsouza
    This document provides a draft format for a mutual consent divorce petition that can be filed in family court under Section 13(1)(b) of the Hindu Marriage Act 1955. It includes sections for personal details of both parties, details of their marriage and living arrangements, reasons for not being able to continue the marriage, confirmation that reconciliation has failed, and a request for the court to grant a divorce decree dissolving the marriage.

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    © All Rights Reserved
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    MUTUAL CONSENT DIVORCE PETITION FORMAT

    UNDER SECTION 13(1)(B) OF HINDU MARRIAGE ACT 1955

    DRAFT FORMAT OF THE MUTUAL DIVORCE PETITION


    BEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT
    ___________
    HMA PETITION No._______ OF___ 20__

    IN THE MATTER OF:

    (Name and address of the Husband)         : Petitioner No.1

    (AND)

    (Name and address of the wife)             : Petitioner No.2

    PETITION UNDER SECTION 13 (1) (i-b) OF THE HINDU


    MARRIAGE ACT  FOR DISSOLUTION OF MARRIAGE BY
    MUTUAL CONSENT

    MOST RESPECTFULLY SHOWETH:-

    1. That The marriage between the parties was solemnized on


    ______at _______, by Hindu rites and ceremonies. The said
    marriage was consummated thereafter and the parties co-habited
    as husband and wife at the matrimonial home i.e.
    ______________. The particulars showing the details of the parties
    to the present petition is given hereunder:-

    HUSBAND
    BEFORE MARRIAGE.
    Age Address Status
     
    AFTER MARRIAGE
    Age Address Status

    WIFE
    BEFORE MARRIAGE
    Age Address Status

    AFTER MARRIAGE
    Age Address Status

    2. That there is one boy name____ Date of Birth ____ age____ out
    of the wedlock of the parties. The parties mutually agreed to give
    custody of the child to Husband / Wife.

    3. That the parties could not adjust with each other due to
    temperamental differences and their marriage has broken down
    irretrievably and it is now not possible between the parties live as
    husband and wife any more.

    4. That all the efforts of reconciliation between the parties to


    continue the present marriage has failed and there are no further
    chances of reconciliation between the parties any more.

    5. That the parties are residing separately since _____________


    and there is no cohabitation between the parties since then.

    6. That the parties have now decided to dissolve the marriage


    legally through a decree of divorce on mutual consent. The parties
    have settled all their claims, counter claims etc. and the respondent
    wife has received her entire Stridhan, Permanent alimony,
    maintenance etc. and there is no due with regard to any other claim
    between the parties now.

    7. That the party has decided to withdraw all the complaints,


    counter complaints against each other.

    8. That the present petition is not being filed in collusion.

    9. That there are no other divorce proceedings pending before any


    other court.
    10. That the matrimonial home of the parties was at
    ____________hence this court has the jurisdiction to grant the
    decree of divorce as prayed for.

    11. That there are no legal impediments in grant of the decree of


    divorce to the parties on the basis of mutual consent.

    PRAYER

    It is most respectfully prayed that the court may accept the present
    petition and grant a decree of divorce between the parties thereby,
    dissolving the marriage between the parties.

    Any other order which the court may deem fit and proper in the
    facts and circumstances of the present case be also passed in favour
    of the petitioners.

    Petitioner No.1                                                         Petitioner
    No.2

    Note

    Mutual consent Divorce Petition draft should be annexed with the


    following documents:

    1. Affidavit of both the parties.

    2. Joint photographs of parties at the time of marriage

    3. Proof of residence of both the parties

    4. Proof of identity of both the parties 

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