SAMPLE DRAFT OF DIVORCE BY MUTUAL CONSENT U/S 13B OF HMA,1955

BEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT REWA

 

HMA PETITION NO. 123 OF 2021

IN THE MATTER OF:

 

PETITIONER NO. 1

SHASHWAT SONI

AGE-28 YEARS

ADDRESS – 11/263 TILAK NAGAR, REWA (M.P)

 

AND

 

PETITIONER NO. 2

SHREYA SONI

AGE- 24 YEARS

ADDRESS – T-032, NIRMAL EMPIRE, NEHRU NAGAR, REWA (M.P)

 

PETITION UNDER SECTION 13B OF HINDU MARRIAGE ACT FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT

IT IS MOST RESPECTFULLY SUBMITTED AS UNDER:

 

  1. That the present petition is brought into the honourable court by the petitioners seeking dissolution of marriage by mutual consent.
  2. That the marriage between the parties was solemnised on 28 January 2018 at Rewa, by Hindu rites and ceremonies. The certificate issued by the Registrar of Marriages, Rewa and joint affidavit of the petitioners is annexed with this petition.
  3. That after the solemnisation of marriage both the petitioners lived together in their matrimonial home at the address – 11/263, Tilak Nagar, Rewa.
  4. That there are no issues born out of the wedlock. Both the petitioners are currently staying at the address mentioned in the title of the petition.
  5. That after 6 months into the wedlock, they both realised that there exist numerous compatibility issues between them which every other day, resulted into a fight due to which it is impossible for them to cohabit and live together in the same house as husband and wife.
  6. That they realised about having different taste in everything, different temperamental issues, different likes and dislikes, different views and perspective about each and everything leading into an argument which in turn is damaging their marriage day by day.
  7. That the petitioners submit that they will not be able to live a happy and married life together looking at their disputes on almost everything and the only option left with them is to separate.
  8. That the petitioners have decided to end their wedlock by obtaining a decree of divorce by mutual consent.
  9. That both the petitioners are living separately since 26 March 2020 and there has been no any cohabitation in between them since then.
  10. That the petitioners have condoned the acts of each other and now they have no disputes, grievance or grudges against each other or against any member of their family as they have agreed for divorce by mutual consent, as per the provisions of section 13B of the Hindu Marriage Act, 1955.
  11. That the petitioners declare that they have no demand of any kind whatsoever.
  12. That the marriage of the petitioners was solemnised at Rewa hence this court has the jurisdiction to grant the decree of divorce as prayed for.
  13. That there are no legal impediments in the grant of decree of divorce to the parties on the basis of mutual consent.

 

PRAYER

 It is most respectfully prayed to the court that the court may accept the present petition and grant a decree of divorce by mutual consent of 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 case shall also be passed by the court in favour of the petitioners.

 

____________

PETITIONER 1

____________

PETITIONER 2

 

 

VERIFICATION

It is verified that the contents of para 1 to 14 are true and correct to the best of my knowledge and understanding.

No part of it is false and nothing relevant has been kept concealed therefrom.

 

 

REWA

DATED: 26 APRIL 2021

___________________

PETITIONER 1

___________________

PETITIONER 2

 

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