sample draft of petition for divorce by mutual consent

IN THE COURT OF SH. BRIJESH GARG PRINCIPAL JUDGE,

FAMILY COURT, NORTH WEST DISRICT, NEW DELHI

HMA NO._____/2021

IN THE MATTER OF:

RAJAN ARORA                                                                                   PETITIONER NO.1

R/O – A1 42 Janakpuri

S/O – SH. Kamal Arora

AND

MADHU NAGPAL                                                                                 PETITIONER NO.2

R/O – B2, Punjabi Bagh extension

D/O – sh. Bipin nagpal

PETITION UNDER SECTION 13 (1)(B) OF THE HINDU MARRIAGE ACT FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT.

MOST RESPECTFULLY SHOWETH:-

1. That the marriage between the parties was solemnized on 6 august 2017 by Hindu rites and ceremonies. The said marriage was consummated thereafter and the parties cohabitate as husband and wife at the matrimonial home that is a A1 42 Janakpuri. The particulars showing the details of the parties to the present petition is given hereunder:

HUSBAND

BEFORE MARRIAGE                                                      AFTER MARRIAGE

AGE -27                                                                       AGE-31

ADDRESS- A1 42 Janakpuri                                          ADDRESS- A1 42 janakpuri

WIFE

BEFORE MARRIAGE                                                      AFTER MARRIAGE

AGE- 25                                                                        AGE- 29

ADDRESS-B2 Punjabi Bagh extension                             ADDRESS- A1 42 Janakpuri

2. That there is one boy name Rahul date of birth 18 November 2019 age 2 years born out of the wedlock of the parties. the parties mutually agreed to give custody of the child to wife.
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 not 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 has failed and there are no further chances of re-conciliation between the parties anymore.
5. That the parties are residing separately since 05.01.2020 and there is no cohabitation between the parties since then.
6. That the parties have now decided to dissolve the marriage legally through a decree of divorce on mutual consent. The parties have settled all their claims, counterclaims et cetera and wife has received her entire street and alimony and there is no due with regard to any other claim between the parties now.
7. That the party has decided to withdraw all complaints counter complaints against each other.
8. That the present petition is not being filed in collusion.
9. That there are no divorce proceedings pending before any other court
10. That the matrimonial home of the parties was at A1 42 Janakpuri hence this court has jurisdiction to grant the decree of divorce as prayed for.
11. That there are no legal impediments in grant of decree of divorce to the parties on the basis of mutual consent.

PRAYER

It is most respectfully prayed to this hon’ble court to accept the present petition and grant a decree of divorce between the parties thereby dissolving the marriage between the parties. And grant any other order which the court may deem fit and proper in the interest of justice.

VERIFICATION

We _______________the abovenamed dependents do here by verify that the contents of the aforesaid paragraph from 1 to 11 are true and correct to the best of our knowledge and belief and nothing is concealed there from.

DEPONENT