Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for a peaceful separation.
Suggested Format of Mutual Divorce Petition Draft
BEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT (NAME OF THE PLACE)
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-B OF THE HMA FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT
MOST RESPECTFULLY SUBMITTED AS UNDER:-
- That the present petition is being preferred by the petitioners seeking dissolution of their marriage by mutual consent. The marriage between the parties was solemnized on [DATE] at [TIME], by Hindu rites and ceremonies. The certificate issued by the Registrar of Marriages __________ and the joint affidavit of the petitioners is annexed with this petition.
- That the status and place of residence of the parties at the time of marriage and at the time of filing of the present petition was/ is as under:
HUSBAND
BEFORE MARRIAGE.
Age Address Status
HUSBAND
AFTER MARRIAGE
Age Address Status
WIFE
BEFORE MARRIAGE
Age Address Status
AFTER MARRIAGE
Age Address Status
- That after solemnization of marriage, the petitioners lived together as husband and wife at [PLACE]. Unfortunately, after marriage, they both realized that there are serious differences in their attitude and living style, which created no compatibility. Consequently, both the parties to the petition parted their company from each other since [DATE].
- 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 to live as husband and wife anymore.
- That there is no issue out of the wedlock of the parties. (or describe the name age and date of birth of the children and also describe the agreement about the custody of the children amongst the couple).
- That all the efforts of reconciliation between the parties to continue the present marriage have failed and there are no further chances of reconciliation between the parties anymore.
- That the parties are residing separately since [Mention Time Period] and there is no cohabitation between the parties since then.
- That the parties have realized there is no chance to reconcile the differences on any matter, and have finally decided to part with by initiating proceedings seeking divorce by way of mutual consent and the present petition is not being filed in collusion.
- That the parties have settled all their claims, counterclaims 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. (If the claim is not settled then mention terms & conditions of settlement).
- That there are no other divorce proceedings pending before any other court.
- That the matrimonial home of the parties was at [PLACE] hence this court has the jurisdiction to grant the decree of divorce as prayed for.
- That there are no legal impediments in the 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 favor of the petitioners.
Petitioner No.1 Petitioner No.2
VERIFICATION:-
Verified that the contents of para nos. 1 to 8 are true and correct to my knowledge, I being acquainted with the facts of the case and the contents of para nos. 9 to 12 being legal submissions are believed to be true on the advice of counsel. No part of it is false and nothing relevant has been kept concealed therefrom.
[PLACE]
DATED:
Petitioner No. 1 and Petitioner No. 2
