DIVORCE MUTUAL CONSENT FORMAT PDF

In this article, we are providing DIVORCE MUTUAL CONSENT FORMAT PDF which will help you to understand the concept of mutual consent divorce

DIVORCE MUTUAL CONSENT FORMAT PDF

BEFORE THE FAMILY COURT AT, (NAME OF THE PLACE)

                                      Marriage Petition .No: ______/_____

Name of Petitioner no-1,

Age:______,  Occupation:_____

R/at: ___________

 ……Petitioner No.1                                                                                                  

AND

Name of Petitioner no-2

Age:  ___,Occupation:, ____

R/at___________________

                                      ………….. Petitioner No.2

PETITION UNDER SECTION 13 (B) OF THE HINDU MARRIAGE ACT, 1955

FOR DECREE OF DIVORCE BY MUTUAL CONSENT

The Petitioners above named most respectfully submit as under:

1.               That the Petitioners profess Hindu religion and are domiciled in India.

2.             Marriage between the Petitioner No. 1 and Petitioner No. 2 was solemnised on ____________ at ___________________ to Hindu Rites and Ceremonies.

3.      At the time of marriage the Petitioner No.1 was a Spinster and the Petitioner No. 2 was a Bachelor. The Petitioner No. 1’s maiden name was _________________________

4. The Petitioners thereafter cohabited as husband and wife at

their matrimonial home at the address  ___________

5.   There are no issues born out of the said wedlock. The Petitioner no.1 and the Petitioner no 2 are presently staying at the respective addresses mentioned in the title of the Petition.

6.   The Petitioners state that during the aforesaid period differences arose between them due to which they are unable to adjust with each other resulting in fights and therefore now it is not possible for the them to cohabit and live together as husband and wife, thus on account of incompatibility of temperament and dispute they have not been able to live together as husband and wife.

7.         That both the Petitioners submit that they found their ways of life, thinking, taste, habits, liking and approach towards the life and expectation from each other are altogether different and thus it was not possible to both the Petitioners to reside together as husband and wife.d

Mutual Consent Divorce PDF

8.    However, differences in temperament coupled with mutual dislikes, incompatibility has surfaced and the marriage has broken down irretrievably and there was no chance of settlement or reconciliation. The common friends and relatives of the Petitioners made endless efforts to reconcile the parties, but all proved to be in vain, they have come to a point that they cannot live together any more, reunion is not possible, hence both the parties have decided to obtain divorce by mutual consent.

9.    That both the Petitioners state that they made sincere efforts to settle the disputes and differences of opinions between them and also made sincere efforts to make their lives easy and comfortable with each other. However, they have realized that they being together they could not make themselves or each other happy, and therefore, it is just and necessary for both of them to become separate permanently by way of divorce.

10.      The Petitioners have thus come to the conclusion that they will not enjoy a happy and married life in future looking to their dispute as stated above and thus onlyway left to them is separate from each other.

11.    The Petitioners state that since ___________ both of them have been residing separately. The Petitioners, therefore, state that since both Petitioner No. 1 and petitioner No.2 have been living separately for more than ____ months and during the said period they have never resided together or cohabitation between the petitioner No. 1 and petitioner No. 2.

12.     Both the Petitioners agreed that both of them have condoned the acts of each other and now they have no disputes, grudges and grievance against each other and against each other’s family members and as they have agreed for mutual consent divorce, as per the provisions of section 13 (B) of Hindu Marriage Act 1955.

13.    The Petitioners hereby declare that there are no demands of any kind whatsoever.

14.     The Petitioners hereby agree that during the divorce proceeding and after the passing of the decree of dissolution of marriage, neither of them shall be responsible and/or liable for the debts and liabilities of the other in any manner.

DIVORCE MUTUAL CONSENT FORMAT PDF

15.     Both the Petitioners declare, confirm, and agree that they will not file any civil and/or criminal case / suit / proceedings against each other or their family members in any court of law with regard to aforesaid marriage and divorce.

16.    Both the Petitioners declare, confirm, agree that there is no collusion between them and they have settled all their disputes and transactions and claims in respect of the said marriage.

17.      The Petitioners hereby declare, agree, and undertake that they shall hereafter be entitled to live apart from each other wherever they choose and agreed not to interfere in the personal life of each other in any manner.

18.      There has not been any unnecessary or improper delay in filing of this Petition.

19.       Both the Petitioners say and submit that they have not been able to live together and they have settled all disputes between them amicably and they have mutually agreed that their said marriage be dissolved by this Honorable Court on the following terms and conditions:-

That the Petitioners hereby agreed to dissolve their marriage by seeking divorce by mutual consent.                                       

  1. The Petitioner No. 1 further shall also not claim any maintenance or residential right from the Petitioner No. 2 and further Petitioner No. 2 after filing of the said Petition will not return to Petitioner No. 1’s residence for cohabitation.                     

2.That the Petitioner Nos. 1 and 2 have settled all their accounts amicably and none of the parties owe any amount or anything in kind of otherwise to anybody.                                                       

3. That the Petitioner Nos. 1 and 2 hereby declare and confirm that they have no right in movable or immovable properties of each other. That both the Petitioners have waived their rights in immovable properties of each other for present and in future if any permanently and more particularly all the rights in the immovable property.                                                              

4. That the Petitioner No. 2 has given/returned all the streedhan and other gold ornaments of the Petitioners No. 1 custody.

section 13b of Hindu marriage act

5. Petitioner No. 2 would after the divorce decree granted give up her current name of ________________ on all records forever and restore it back to her pre-marriage name of _________

20.      Petitioner No. 1 and 2have lastly resided together at ____________________________________ and hence this Honorable Court has the Jurisdiction to try, entertain, and decide this present petition.

21.    No other proceeding in respect of this marriage is pending in any other Court of Law.

22.      The Petitioners have paid the fixed Court Fee of Rs.100/- (Rupees Hundred Only) on this Petition.

23.    Both the petitioner agree and are under obligation to remain present before this Honorable Court after 6 months when this Honorable Court will fix the date and give their consent for passing a decree for divorce in consent terms.

24.    Both the Petitioners have mutually agreed that the said marriage should be dissolved by decree of divorce.

25.  Affidavits in support of this Petition are filed separately along with the same.Under the said circumstances it is, therefore, prayed that:- That the petition may please be allowed.

  1. The marriage of the Petitioners solemnized on ____________ may please be dissolved by decree of divorce under Section 13 (B) of Hindu Marriage Act,1955.
  2. That the terms and conditions mentioned herein above be treated as part and parcel of the decree

Any other just and equitable orders may kindly be passed in the interest of Justice

PLACE-

Date:   / /                                                         

Petitioner No. 1

Petitioner No2

Advocate for Petitioner No. 1& 2                                       

   VERIFICATION

           We, _____________________and _________________ Petitioners above named do hereby state on solemn affirmation that the contents in Paragraphs Nos. 1 to 25and Prayer Clause are true and correct to be best of our knowledge, belief and information and hence we have signed the same on___________ at____

Petitioner No. 1

Petitioner No. 2

Advocate for Petitioner No. 1& 2 

DIVORCE MUTUAL CONSENT FORMAT PDF

DIVORCE MUTUAL CONSENT FORMAT PDF

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