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Mutual Consent Draft petition.

This is a draft petition for Divorce by Mutual Consent.

* The Author is a Divorce Lawyer based in Delhi, practising in the Supreme Court of India and can be reached at bharat.law06@gmail.com or 9810553252

 

PETITION OF DIVORCE BY MUTUAL CONSENT 
In the District Court at …….. Suit No. …………… of 2012.  In the matter of :  X  AND  Y Petition for a decree for dissolving marriage by mutual consent under section 13B of the Hindu Marriage Act, 1955.

The humble petition of the said ………..

RESPECTFULLY SHWETH:

1. That the parties to this present petition are both by religion and faith Hindus and they were married per Hindu rites/customs at……….. on …………… and the said marriage is still existing. They are of age above 21 years.

2. The parties ever since the marriage did not pull on together being of different tastes habits,, ideas, and bearing and so being completely different nature and temperament and could never adjust themselves even for some days and so had no love nor heart for each other and there are not going to reconcile between them in future.

3. That the parties last lived/cohabited at ……………. within the jurisdiction of this court when petitioner ………… of own and out of free will/accord broke the matrimonial home and withdrew herself from the company of said ………… with all her personal belongings and since then she has been residing and living at her father’s house and is undesired any with any wish for uniting with her husband.

4. That except as hereunder stated there were no other proceedings between parties.

5. That the above petition is bona fide and not presented in collusion between the parties.

6. That there is every legal grounds in granting the relief.

Your petitioners hence pray for a Decree of dissolution of marriage by mutual consent under section 13B of the Hindu Marriage Act 1955 and also and other Orders be made as to this Learned Court may deem proper and fit. And your petitioners as in duty bound shall ever pray

Verification


I, X son of…………… aged about………… years residing at……… do hereby solemnly affirm and say as follows:
I am the petitioner No. 1 above-named and I know and I have made myself acquainted with the facts and circumstances of this case.
The statements in paragraphs 1 to 6 are true to my knowledge and belief.
I sign this verification on this ………… day of…………… at the Court House at ……………………
Signature of X

Verification


I, Y wife of Shyam daughter of ……, aged about………… years by occupation service residing at……… do hereby solemnly affirm and say as follows:
I am the petitioner No. 2 above-named. I know and I have made myself acquainted with the facts and circumstances of this case.
The statements in paragraphs 1 to 6 of the petition hereinabove are true to my knowledge and belief.
I sign this verification on this ………… day of…………… at the Court House at…………….
Signature of Y

 

DISCLAIMER : This draft is not ready for use, every draft in the fitness of things should be made as per peculiar facts and circumstances of the case. Assistance of a competent lawyer is advisable.

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