Sample of Mutual Consent Divorce Petition

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Sample of Mutual Consent Divorce Petition

IN THE COURT OF HON’BLE DISTRICT JUDGE, CHANDIGARH

HMA Petition No. ________________ of 2017

Husband S/o Sh. Name of Husband’s Father aged about (age of Husband) years R/O Address of Husband

…Petitioner No. 1

AND

Wife D/o Sh. Father of Wife W/o Sh. Husband aged about (age of Wife) years R/O Address of Wife

…Petitioner No. 2

Petition under Section 13-B of the Hindu Marriage Act, 1955 with a prayer to dissolve the marriage between the parties to petition by way of Mutual Consent in view of the averments made in the petition in the interest of justice.

RESPECTFULLY SHOWETH

  1. That the present petition is being preferred by the petitioners seeking dissolution of their marriage by mutual consent. That the petitioner No. 1 is working as ____ and petitioner no. 2 is working as _______ . The marriage of petitioners was solemnized on ____ according to Hindu rites at _____ . The certificate issued by the Registrar of Marriages __________ and the joint affidavit of the petitioners is annexed with this petition. There is one girl child out of this wed lock. She is major, aged ______ .
  2. That the status and place of residence of the parties at the time of marriage and at the time of filing of the present petition was/ is as under:- (a table showing married or unmarried status and residence after and before marriage)
  3. That after solemnization of marriage, the petitioners lived together as husband and wife at Chandigarh. Unfortunately, after marriage, they both realized that there are serious differences in their attitude and living style, which created no compatibility. Consequently, both the parties to the petition parted their company from each other since ____ DATE _______ (minimum separation to show – one year and a few months before filing of petition).
  4. That since ____ DATE _______ (minimum separation to show – one year and a few months before filing of petition) both the petitioners have been living separately from each other. Realising that there is no chance to reconcile the differences on any matter, it has been finally decided to part with by initiating proceedings seeking divorce by way of mutual consent. There is no use in stretching the relationship any further as the marriage between them has broken down beyond the scope of any reconciliation.
  5. That the terms and conditions of divorce are as following:- (mention terms and conditions here)
  6. That the Petitioner No. 1 is residing at Chandigarh at the above mentioned address and hence this Hon’ble Court has got the territorial jurisdiction to entertain and try the present petition.
  7. That the decision to part ways has been taken both the parties after due consideration and of their free will. They are not in collusion with each other.
  8. That there is no legal impediment for which relief prayed for should not be granted to the parties.

It is, therefore, respectfully prayed that the marriage between the parties may kindly be dissolved by a decree of divorce by way of mutual consent in the interest of justice.

CHANDIGARH

DATED:

Petitioner No. 1 and Petitioner No. 2

Through Counsel:

(Simranjeet Singh)

Advocate

Counsel for petitioners

VERIFICATION:-

Verified that the contents of para nos. 1 to 5 are true and correct to my knowledge, I being acquainted with the facts of the case and the contents of para nos. 6 TO 8 being legal submissions are believed to be true on the advice of counsel. No part of it is false and nothing relevant has been kept concealed therefrom.

CHANDIGARH

DATED:

Petitioner No. 1 and Petitioner No. 2

 


IN THE COURT OF HON’BLE DISTRICT JUDGE, CHANDIGARH

HMA Petition No. ________________ of 2017

Husband …Petitioner No. 1

AND

Wife …Petitioner No. 2

Joint Affidavit of Husband S/o Sh. Name of Husband’s Father aged about (age of Husband) years R/O Address of Husband and Wife D/o Sh. Father of Wife W/o Sh. Husband aged about (age of Wife) years R/O Address of Wife .

We, the above named deponents do hereby solemnly affirm and stated as under: –

  1. That we have gone through the contents of this petition. The contents of the petition are not reproduced for brevity’s sake. We affirm that the contents of the petition are true and correct to our knowledge.
  2. That the contents of the petition may be read as a part of this affidavit.
  3. That there is one daughter born out of wedlock. She is already adult (Date of Birth is _________ ).

CHANDIGARH

DATED:

DEPONENTS

Verification

Verified that the contents of my above affidavit are true and correct to my knowledge. No part of it is false and nothing relevant has been concealed therefrom.

CHANDIGARH

DATED:

DEPONENTS

 


IN THE COURT OF HON’BLE DISTRICT JUDGE, CHANDIGARH

HMA Petition No. ________________ of 2017

Husband …Petitioner No. 1

AND

Wife …Petitioner No. 2

INDEX

PLACE: CHANDIGARH

DATED:

(Simranjeet Singh)

Advocate

Counsel for petitioners

 


IN THE COURT OF HON’BLE DISTRICT JUDGE, CHANDIGARH

HMA Petition No. ________________ of 2017

Husband …Petitioner No. 1

AND

Wife …Petitioner No. 2

COURT FEES

 

 

 

 

PLACE: CHANDIGARH

DATED:

(Simranjeet Singh)

Advocate

Counsel for petitioners