📝 Petition for Divorce by Mutual Consent

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 📝 Petition for Divorce by Mutual Consent

(Under Section 13B of the Hindu Marriage Act, 1955)

IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, [DISTRICT NAME]

IN THE MATTER OF:
Petitioner No. 1:
[Full Name of Husband]
S/o [Father’s Name]
Residing at: [Complete Address]
Aged about [Age] years
Occupation: __________

AND

Petitioner No. 2:
[Full Name of Wife]
D/o [Father’s Name]
Residing at: [Complete Address]
Aged about [Age] years
Occupation: __________

JOINT PETITION UNDER SECTION 13B OF THE HINDU MARRIAGE ACT, 1955 FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT

TO,
The Hon’ble Principal Judge,
Family Court at [District Name]

MOST RESPECTFULLY SHOWETH:

  1. That the Petitioners were lawfully married on [Date] at [Place], according to Hindu rites and ceremonies. The marriage was duly registered under the Hindu Marriage Act, 1955.

  2. That after marriage, the Petitioners resided together at [Last Place of Cohabitation] as husband and wife. However, due to irreconcilable differences, the Petitioners have not been able to live together as husband and wife.

  3. That due to differences in temperaments, habits, and outlooks towards life, both Petitioners could not adjust with each other. Continuous misunderstandings and disputes have caused mental agony and hardship to both.

  4. That the Petitioners have been living separately since [Date], and all efforts of reconciliation and cohabitation have failed. There is no possibility of re-union and the Petitioners have mutually agreed to seek a decree of divorce.

  5. That the present petition is being filed after more than one year of separation and the Petitioners affirm that the consent given in the present petition is not obtained by fraud, force or undue influence.

  6. That both Petitioners have reached a mutual settlement, the terms of which are as follows:

    • Permanent alimony/maintenance:
      The parties have mutually agreed that Petitioner No. 1 (husband) shall pay a sum of ₹__________ to Petitioner No. 2 (wife) as full and final settlement towards alimony/maintenance. (OR – Both parties have mutually agreed that no alimony or maintenance shall be payable.)

    • Child custody (if applicable):
      The parties have mutually agreed that the custody of the child(ren) namely [Child Name(s)] shall remain with __________. The other party shall have visitation rights as agreed.

    • Property settlement (if applicable):
      The movable and immovable properties jointly or individually owned have been divided as per mutual agreement and no claim shall be made in future by either party.

    • Streelhan/jewellery/istridhan (if applicable):
      All such articles have been returned/settled and no further claims remain.

  7. That the Petitioners pray for a decree of divorce under Section 13B(1) and agree to appear again after six months (under Section 13B(2)) for confirmation and final decree.

  8. That the petition is filed within the jurisdiction of this Hon’ble Court as the Petitioners last resided together at [Location], and presently reside at [respective addresses], which fall within the jurisdiction of this court.

  9. That there is no collusion between the Petitioners and both are filing this petition voluntarily with free will and consent.

PRAYER

It is most respectfully prayed that this Hon’ble Court may kindly:

  1. Accept the present petition under Section 13B(1) of the Hindu Marriage Act, 1955;

  2. Record the statement of both the Petitioners;

  3. Fix a date after six months for the Second Motion under Section 13B(2);

  4. Pass a decree of divorce by mutual consent dissolving the marriage of the Petitioners;

  5. Pass any such order(s) as deemed fit and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, the Petitioners shall as in duty bound ever pray.

Place: [City]
Date: [DD/MM/YYYY]

PETITIONER NO. 1
(Signature)
(Name)
(Phone / Email)

PETITIONER NO. 2
(Signature)
(Name)
(Phone / Email)

THROUGH COUNSEL:
[Advocate’s Name]
[Advocate Enrollment No.]
[Office Address]
[Mobile / Email]

                                                        VERIFICATION

We, the Petitioners above named, do hereby verify that the contents of paragraphs 1 to 9 of the above petition are true and correct to our knowledge and belief and nothing material has been concealed therefrom.

Verified at [City] on this ___ day of [Month, Year].

PETITIONER NO. 1
(Signature)

PETITIONER NO. 2
(Signature)


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