MUTUAL DIVORCE PETITION DRAFT


MUTUAL DIVROCE PETITION DRAFT

BEFORE THE PRINCIPAL JUDGE FAMILY COURT AT (NAME OF THE PLACE)
HMA PETITION NO ________OF
IN THE MATTER OF:
(Name of address of the husband) petitioner No.1
(AND)
(Name and address of the wife) Petitioner No 2

PETITION UNDER SECTION 13(1)(1-B) OF THE HMA FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. The marriage between the parties was solemnized on______ at ______, by Hindu rites and ceremonies. They said marriage was consummated thereafter and the parties lived as husband and wife at the matrimonial home i.e.__________. The particulars showing the details of the parties to the present petition in given here under:

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 no child born out of the wedlock of the parties .

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 possible between the parties to live as husband and wife anymore.

4. 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.

5. That parties are residing separately since________ and there is no cohabitation between the parties since then.

6. That the parties have now decides to dissolve the marriage legally through the decree of divorce on mutual consent. The parties have settled all their 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 complaint, counter against each other .

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

9. That there are no other divorce proceeding 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 impediment in the grant of the decree of divorce to the parties on the basis of mutual consent.

12. That the term and conditions between the parties are contained in the MOU signed and executed between the parties which are being attached as a part of the present petition and the parties undertake to comply with the same.

PRAYER:
It is the most respectfully prayed that the court may accept the present petition and grant a decree of divorce between the partied there by dissolving the marriage between the parties.
Any other order which the court may deem fir and proper in the fact and circumstances of the present case be also passed in favour of the petitioners.

 

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