Divorce by Mutual Consent

Divorce by Mutual Consent under Hindu Marriage Act’s format is hereby given below.

                       IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT.), __________ 

 HMA PETITION NO. _______ OF 2017

IN THE MATTER OF:

 X______________________                                                                                      … PETITIONER NO. 1 

                                                                                             AND

 Y_______________________                                                                                     … PETITIONER NO. 2

PETITION FOR DISSOLUTION OF MARRIAGE

 BY A DECREE OF DIVORCE BY MUTUAL CONSENT UNDER 

SECTION 13-B(1) OF THE HINDU MARRIAGE ACT, 1955

Most Respectfully showeth:-

1. That a marriage was solemnized between the parties according to Hindu rites and

ceremonies on______ at__________. A certified copy of the relevant extract from the Hindu

Marriage Register is filed herewith. An affidavit, duly attested stating these facts is filed

herewith.

2. That the status and place of residence of the parties to the marriage before the marriage and at time of filing the petition were as follows:

                                                 Husband                                                 Wife

                              Status        Age              Place of             Status      Age         Place of

                                                                      Residence                                          Residence

(i) Before marriage

(ii) At the time of 

filing the petition 

(Whether a party is a Hindu by religion or not is as part of his or her status). 

3. (In this paragraph state the place where the parties to the marriage last resided together and the names of the children, if any, of the marriage together with their sex, dates of birth or ages.)

 4. That the parties to the petition have been living separately since______ and have not been able to live together since then.

 5. That the parties to the petition have mutually agreed that their marriage should be dissolved.

6. That the mutual consent has not been obtained by force, fraud or undue influence.

 7. That the petition is not presented in collusion.

 8. That there has not been any unnecessary or improper delay in instituting the proceedings.

9. That there is no other legal ground why relief should not be granted. 

10. That the petitioners submit that this Court has jurisdiction to entertain this petition.

PRAYER

 In view of the above facts and circumstances, it is, therefore, most respectfully and humbly prayed that this Hon’ble Court may be pleased to grant a decree of divorce on mutual consent thereby dissolving the marriage between petitioner No. 1 and Petitioner no. 2 on the ground of mutual consent.

                                                                                                                         PETITIONER 1

                                                                                                                         PETITIONER 2

VERIFICATION

The abovenamed petitioner states on solemn affirmation that paras 1 to________ of the petition are true to the petitioner’s knowledge and paras______ to______ are true to the petitioner’s information received and believed to be true by him/her.

Verified at__________(Place)

Dated__________________ 

                                                                                                                                   PETITIONER 1

                                                                                                                                   PETITIONER 2

                                                                                                                                    Drafted by

                                                                                                                                   (ADVOCATE)

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