SAMPLE DRAFT OF DIVORCE BY MUTUAL CONSENT

BEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT CALICUT

HMA PETITION No._______ OF 2021
IN THE MATTER OF:
Suresh PK

Sree Sadanam, Merikkunnu, Calicut.
Petitioner No.1

Nishi C

Pareyeri, Near CH Colony, Calicut
Petitioner No.2
PETITION UNDER SECTION 13-B OF THE HMA FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT
MOST RESPECTFULLY SUBMITTED AS UNDER:-

1. 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 18.01.2017 at 3:00PM, by Hindu rites and ceremonies. The certificate issued by the Registrar of Marriages, Calicut and the joint affidavit of the petitioners is annexed with this petition.
2. 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.

yrs, Sree Sadanam, Merikkunnu, Calicut.

Unmarried

HUSBAND
AFTER MARRIAGE
yrs, Sree Sadanam, Merikkunnu, Calicut

Married

WIFE
BEFORE MARRIAGE
yrs, Pareyeri, Near CH Colony, Calicut.

Unmarried

AFTER MARRIAGE
yrs, Pareyeri, Near CH Colony, Calicut

Married

1. That after solemnization of marriage, the petitioners lived together as husband and wife at Calicut. 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 10.04.2020.
2. 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.
3. That there is one girl name Takshvi S Date of Birth 11.02.2019 born out of the wedlock of the parties. The parties mutually agreed to give custody of the child to the wife.
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 the parties are residing separately since 10.04.2020 and there is no cohabitation between the parties since then.
6. 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.
7. 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.
8. That there are no other divorce proceedings pending before any other court.
9. That the matrimonial home of the parties was at Sree Sadanam, Merikkunnu, Calicut.
   hence this court has the jurisdiction to grant the decree of divorce as prayed for.
10. 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.

Calicut
Petitioner No. 1 and Petitioner No. 2