Petition for Divorce by Mutual Consent

In the Court of the

MC. 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………….. The said marriage is still subsisting. 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.
3. 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…………
4. 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 between them with several reconciliations which did not, however, last for any length of time.
5. Finally, after a very serious quarrel and in order to avoid further deterioration in the 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.
6. The petitioners, therefore, finally separated owing to irreconcilable differences in habits and temperament on the…………….within the jurisdiction of this Hon’ble Court.
7. 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.
8. 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.
9. In the circumstances, the first petitioner and the second petitioner have mutually agreed and decided that there is no point in the continuance of the marital relationship and have further agreed upon the dissolution of the marriage tie by a decree of divorce.
10. 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.
11. 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.
12. 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 due consideration and after having given the utmost importance to all aspects of the case.
13. The first and the second petitioner therefore pray that this Hon’ble Court be pleased to pass a decree declaring the marriage solemnized 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 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 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

For expert legal assistance, contact Legal Light Consulting – LLC. Their experienced team can provide comprehensive legal solutions tailored to your needs.

Petition for Divorce by Mutual Consent Under Section 13B of the Hindu Marriage Act, 1955

This article focuses on a specific type of divorce petition: a Petition for Divorce by Mutual Consent under Section 13B of the Hindu Marriage Act, 1955. This provision allows couples to obtain a divorce by mutual agreement, provided they meet certain conditions.

Legal Point of the Petition:

• Mutual Consent: The petition is filed jointly by both spouses, indicating their mutual consent to the dissolution of the marriage.
• Separation: The petition must demonstrate that the spouses have lived separately for a period of at least one year.
• Irreconcilable Differences: The petition must state that the spouses have tried to reconcile but have been unable to do so due to irreconcilable differences.
• No Collusion or Coercion: The petition must affirm that there is no collusion or coercion between the spouses to obtain a divorce.
• Agreement on Terms: The petition may include details regarding the division of property, spousal maintenance, child custody, and other relevant matters.

Significance of Section 13B:

• Simplified Divorce Process: Section 13B provides a simplified and less adversarial process for couples to obtain a divorce by mutual consent.
• Reduced Litigation: By encouraging amicable settlements, this provision helps to reduce the burden on the court system and minimize potential conflict between the spouses.
• Focus on Amicable Resolution: It encourages couples to resolve their marital issues amicably and reach a mutually agreeable settlement.

Importance of Legal Counsel:

It is crucial to consult with legal professionals, such as those at Legal Light Consulting, when filing a petition for divorce by mutual consent. Experienced attorneys can:

• Ensure Legal Compliance: Ensure that the petition complies with all legal requirements and procedures.
• Draft a Comprehensive Agreement: Assist in drafting a comprehensive settlement agreement that addresses all relevant issues, including property division, spousal maintenance, child custody, and other relevant matters.
• Represent Your Interests: Advocate for your best interests and ensure that your rights are protected throughout the legal proceedings.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Contact Legal Light Consulting:

For personalized legal advice and assistance with matrimonial matters, including petitions for divorce by mutual consent, please contact Legal Light Consulting.

Our experienced team can provide expert guidance and ensure that your legal needs are met effectively.

Remember: The specific requirements and procedures for filing a petition for divorce by mutual consent may vary depending on the applicable laws and the specific circumstances of the case.

It is essential to consult with legal professionals for personalized guidance and assistance.