Petition for Divorce by Mutual Consent

In the Court of the

No of 2010

Between:

WB……First Petitioner

And

AB…….Second Petitioner

Application under section 13B of the Hindu Marriage Act of 1955

The petitioners above-named beg to state as follows:

1. The address of the petitioners for the service of all notices and process is that of their advocates and Mr………
2. The first petitioner and the second petitioner are wife and husband respectively having been married at………..on the…………..and the said marriage is still subsisting.
3. The marriage was performed in accordance with Hindu Vedic Rites. A copy of the marriage invitation is filed herewith and marked ‘A’. There are no children by the marriage.
4. The first petitioner and the second petitioner after the marriage lived and resided at…………..and elsewhere and finally at………………at the address of the petitioner given above, whence they separated on the…………
5. Soon after the marriage owing to differences in temperament, habits, tastes, thoughts, and increasing incompatibility, the relationship between the first petitioner and the second petitioner deteriorated. Frequent quarrels resulted as between them with several reconciliations which did not, however, last for any length of time.
6. Finally, after a very serious quarrel and in order to avoid further deterioration in relationship which might reflect on their families and friends, the first petitioner and the second petitioner out of free will and accord separated on the……..never to return to each other.
7. The petitioners, therefore, finally separated owing to irreconcilable differences in habits and temperament on the…………….within the jurisdiction of this Hon’ble Court.
8. Further efforts and attempts were made by mutual friends and acquaintances to effect a reconciliation and for a resumption of the marital relationship but it has not been possible owing to the vital differences in temperament and total incompatibility giving rise to invincible repugnance which had rendered normal married life impracticable and impossible and fraught with dangerous adverse physical and mental consequences.
9. The first petitioner states that she and the second petitioner have been separated and living apart for more than two years and the duration of cohabitation prior thereto was not in any case for much more than a year.
10. In the circumstances the first petitioner and second petitioner have mutually agreed and decided that there is no point for the continuance of the marital relationship and have further agreed upon the dissolution of the marriage tie by a decree of divorce.
11. The petitioners state and submit that in the circumstances aforesaid it is therefore desirable and necessary that the marriage should be dissolved in the mutual interests of the parties, there being no chance of reconciliation.
12. The cause of action for this petition arose on the…………when the first and the second petitioner were married and on the………….within the jurisdiction of this Hon’ble Court when the first petitioner and the second petitioner finally agreed to separate with the departure of the second petitioner.
13. A court-fee of Rs………..is paid under………….of the……………Both the first and the second petitioner state that there is no impediment to the dissolution of the marriage and the decision to separate and apply for a divorce has been arrived at after such consideration and after having given the utmost importance to all aspects of the case.
14. The first and the second petitioner therefore pray that this Hon’ble Court be pleased to pass a decree declaring the marriage solemnised between the first and the second petitioner under the Hindu Vedic Rites on……….. be dissolved and for such other reliefs as this Hon’ble Court may deem fit.

First Petitioner……….

Second Petitioner………

Verification

I, WB wife of AB aged about…………….years residing at………..do hereby solemnly affirm and say as follows:

I am the petitioner 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 13 are true to my knowledge and belief.

I sign this verification on this……………day of…………….at the Court House at………….

Signature of WB

Before me                                                                       

Signature of   Advocate

Notary

I, AB son of XY aged about…………..years residing at………………….do hereby solemnly affirm and say as follows:

I am the petitioner 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 13 are true to my knowledge and belief.

I sign this verification on this………..day of…………….at the Court

House at……………….

Signature of AB

Before me                                                                       Signature of Advocate

Notary

Petition for Divorce by Mutual Consent: Understanding the Process

Divorce is often a challenging and emotional process. However, when both parties agree that their marriage is beyond repair, a divorce by mutual consent can provide a faster, less contentious way to legally dissolve the marriage.

In India, a divorce by mutual consent is governed under Section 13B of the Hindu Marriage Act, 1955. This legal provision allows both spouses to jointly file for divorce, emphasizing cooperation and mutual agreement.

Below is a detailed breakdown of the petition for divorce by mutual consent under Section 13B:

1. Introduction to the Petition

The petition begins with the names of the petitioners — the husband and wife — and the relevant details about their marriage.

It also includes the court’s jurisdiction and the address of the petitioners for service of all notices and legal processes.

Example:

• “The petitioners above-named beg to state as follows:
  • The address for service of all notices and process is that of their advocates, Mr. [name].”

2. Marriage Details

This section confirms the details of the marriage, including the date and place of the marriage, and affirms that the marriage is still subsisting.

The petitioners will attach a copy of the marriage invitation or marriage certificate as evidence. It also specifies that there are no children from the marriage.

Example:

• “The first petitioner and the second petitioner are wife and husband respectively, having been married on 2025 at [location], in accordance with Hindu Vedic rites.”

3. Place of Residence and Separation

The petitioners provide information about their residence after marriage, stating where they lived together and eventually separated. They will specify the date and place where the separation occurred.

Example:

• “The petitioners lived and resided at [address], and after various reconciliations, they finally separated on 2025.”

4. Deteriorating Relationship

This section describes the reasons behind the deterioration of the relationship, focusing on the differences in temperament, habits, and incompatibility that led to constant quarrels and a breakdown of the marital bond.

Example:

• “Soon after the marriage, due to incompatible temperament and frequent quarrels, the relationship began to deteriorate.
• Efforts to reconcile were unsuccessful, and after a serious quarrel, the petitioners decided to separate.”

5. Attempts at Reconciliation

The petition states that despite efforts from friends and family to mediate and encourage reconciliation, it was not possible due to the irreconcilable differences between the parties.

The relationship had become impracticable and impossible to continue without causing harm to both individuals.

Example:

• “Mutual friends and acquaintances made efforts to reconcile the petitioners, but these attempts were unsuccessful due to their vital differences in temperament and complete incompatibility.”

6. Duration of Separation

Here, the petitioners confirm that they have been living apart for a significant period (usually more than two years) and that there was limited cohabitation prior to their separation.

This is an important requirement for a divorce by mutual consent.

Example:

• “The first petitioner and the second petitioner have been living apart for more than two years and the duration of their cohabitation before this was not more than a year.”

7. Mutual Agreement to Divorce

This section emphasizes that both parties have mutually agreed to dissolve the marriage, acknowledging that they have no desire to continue the marital relationship.

The petitioners declare their joint decision to seek a divorce by mutual consent.

Example:

• “The petitioners have mutually agreed that there is no point in continuing the marital relationship and have decided to seek a divorce by mutual consent.”

8. Desire for Divorce

The petitioners make a final plea for the dissolution of the marriage, stating that it is in both parties’ best interest to end the union amicably due to the irreconcilable differences.

They confirm that there is no chance of reconciliation and that the dissolution of the marriage is desirable for their well-being.

Example:

• “It is desirable and necessary that the marriage be dissolved in the mutual interest of both parties, as there is no chance of reconciliation.”

9. Cause of Action

The cause of action refers to the legal grounds for the divorce. It includes the dates when the marriage occurred and when the petitioners finally decided to separate.

This section affirms the jurisdiction of the court where the petition is filed.

Example:

• “The cause of action for this petition arose on 2025, when the first petitioner and the second petitioner were married, and on 2025, when they decided to separate.”

10. Court Fee and Legal Considerations

This section mentions the court fee paid for filing the petition and confirms that both parties have agreed to the divorce after careful consideration.

It also assures the court that there is no legal barrier to the dissolution of the marriage.

Example:

• “A court-fee of Rs [amount] has been paid under Section [X] of the [Act]. Both petitioners confirm that there is no impediment to the dissolution of the marriage.”

11. Prayer for Relief

The petition concludes by requesting the court to pass a decree of divorce, thereby dissolving the marriage between the petitioners. It also requests any other relief that the court deems fit.

Example:

• “The petitioners pray that this Hon’ble Court be pleased to pass a decree declaring the marriage solemnized between the petitioners on 2025 be dissolved and grant such other reliefs as may be deemed appropriate.”

Verification of the Petition

The petitioners affirm the truthfulness of the statements made in the petition. Both petitioners sign the verification, confirming that the details provided are accurate to the best of their knowledge.

Example:

• “I, WB, wife of AB, hereby solemnly affirm that the statements in paragraphs 1 to 13 are true to the best of my knowledge and belief. Verified on 2025 at [location].”

Conclusion

A divorce by mutual consent is one of the most amicable ways to dissolve a marriage, allowing both parties to part ways with dignity and respect.

The petition for mutual divorce under Section 13B of the Hindu Marriage Act helps streamline this process, provided both parties agree that the relationship is beyond repair and they wish to move on with their lives.

If you are seeking legal assistance for divorce by mutual consent, Legal Light Consulting (LLC) offers expert guidance and support throughout the process, ensuring that your legal needs are handled professionally and efficiently.

Contact Legal Light Consulting for all your legal needs