SAMPLE DRAFT ON DIVORCE BY MUTUAL CONSENT UNDER SECTION 13B OF HINDU MARRIAGE ACT

Problem: Rita & Rahul were married according to Hindu rites & registered their marriage in Vadodara in the year 2010. After 2 years owing to differences, they separated. They have now decided to dissolve their marriage by mutual consent & hence, draft suitable petition for divorce by mutual consent.

 

PETITION OF DIVORCE BY MUTUAL CONSENT

 

In The Family Court Of Vadodara

 

 

HMA Petition No. …………… of 2021

 

Petitioner No. 1                                               Age                                              Occupation

Mr. Rahulbhai Kanubhai Patel,

s/o Kanubhai Patel,                                           35                                                  Job

Address: 1, Khodiyarnagar, Vadodara

Mob No. xxxxxxxxxx

 

 

Petitioner No. 2                                                     Age                                      Occupation

Mrs. Ritaben Rahulbhai Patel,

w/o Rahulbhai Patel,                                              31                                          House-wife

d/o Manubhai Patel

Address: 1, Khodiyarnagar, Vadodara

Mob No. xxxxxxxxxx

 

Subject: Petition for a decree for dissolving marriage by mutual consent under section 13B of the Hindu Marriage Act, 1955.

 

The humble petition of the said………..

RESPECTFULLY SHWETH:

 

  1. That the parties to this present petition are both by religion and faith Hindus and they were married per Hindu rites/customs at Vadodara on 25th December, 2016 and the said marriage still exists. They are of age above 21 years.
  2. Their marriage is done with the Hindu customs by panditji at Narayana hall located at Alkapuri, Vadodara and both parties lives in Vadodara.
  3. The parties ever since the marriage did not pull on together being of different tastes habits,, ideas, and bearing and so being completely different nature and temperament and could never adjust themselves even for some days and so had no love nor heart for each other and there are not going to reconcile between them in future.
  4. That the parties last lived/cohabited at ……………. within the jurisdiction of this court when petitioner ………… of own and out of free will/accord broke the matrimonial home and withdrew herself from the company of said ………… with all her personal belongings and since then she has been residing and living at her father’s house and is undesired any with any wish for uniting with her husband.
  5. That except as hereunder stated there were no other proceedings between parties.
  6. That the above petition is bona fide and not presented in collusion between the parties.
  7. That there are every legal ground in granting the relief.
  8. Your petitioners hence pray for a Decree of dissolution of marriage by mutual consent under section 13B of the Hindu Marriage Act 1955 and also and other Orders be made as to this Learned Court may deem proper and fit. And your petitioners as in duty bound shall ever pray.

 

Prayer

 

  • It is our humble prayer to the honorable court to pass the decree for divorce under Section 13B of Hindu Marriage Act
  • And any other order which court thinks fit and proper for the facts and circumstances of the case please passed that order in the favor of petitioners also.

 

Verification

 

I, Rahul Patel, son of Kanubhai Patel aged about 35 years residing at Vadodara do hereby solemnly affirm and say as follows:

  • I am the petitioner No. 1 above-named and I know and I have made myself acquainted with the facts and circumstances of this case.
  • The statements in paragraphs 1 to 6 are true to my knowledge and belief.
  • I sign this verification on this 25th April day of 2021 at the Court House at Vadodara.

 

…………………..

Signature of Rahul

 

Verification

 I, Rita, wife of Rahul daughter of Manubhai aged about 31 years by occupation service residing at Vadodara do hereby solemnly affirm and say as follows:

 

  • I am the petitioner No. 2 above-named. I know and I have made myself acquainted with the facts and circumstances of this case.
  • The statements in paragraphs 1 to 6 of the petition herein-above are true to my knowledge and belief.
  • I sign this verification on this 25th April day of 2021 at the Court House at Vadodara

 

 

 

……………………

Signature of Rita

 

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