Sure, here is a sample application for mutual divorce in India. This document can be used as a template for drafting a mutual consent divorce petition under Section 13B of the Hindu Marriage Act, 1955.
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT AT [City Name]
MATabout [Age] years,
Residing at [Complete Address],
…Petitioner No. 1.
- [Name of Wife],
D/o [Father’s Name],
Aged about [Age] years,
Residing at [Complete Address],
…Petitioner No. 2.
PETITION FOR MUTUAL RIMONIAL CASE NO: ___________ OF 20__
IN THE MATTER OF:
- [Name of Husband],
S/o [Father’s Name],
Aged aCONSENT DIVORCE UNDER SECTION 13B OF THE HINDU MARRIAGE ACT, 1955
MOST RESPECTFULLY SHOWETH:
- The Petitioners above named respectfully submit as follows:
- That the marriage between Petitioner No. 1 and Petitioner No. 2 was solemnized on [Date of Marriage]
- at [Place of Marriage], according to Hindu rites and ceremonies.
- That the Petitioners have been living separately since [Date of Separation] due to irreconcilable differences and incompatibility.
- That all efforts and attempts of reconciliation between the Petitioners have failed, and there is no possibility of living together as husband and wife.
- That the Petitioners have mutually agreed and decided to dissolve their marriage by a decree of divorce by mutual consent.
- at the Petitioners have agreed upon the following terms and conditions regarding permanent alimony, maintenance, custody of children, and division of property:
- (a) Permanent alimony and maintenance: [State the terms, if any].
- (b) Custody of children: [State the terms, if any].
- (c) Division of property: [State the terms, if any].
- That the Petitioners have not filed any other petition for divorce under Section 13B(1) of the Hindu Marriage Act, 1955, in any other court.
- That this petition is not being filed in collusion with each other or any other person.
- That the Petitioners pray that the Honorable Court be pleased to dissolve their marriage by a decree of divorce by mutual consent.
PRAYER:
The Petitioners therefore pray that:
- The marriage between the Petitioners be dissolved by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955.
- Pass such further orders as the Court may deem fit and proper in the facts and circumstances of the case.
VERIFICATION:
We, the above-named Petitioners, do hereby verify that the contents of paragraphs 1 to 9 of the above petition are true and correct to the best of our knowledge and belief.
Verified at [City Name] on this [Date].
[Name of Husband]
(Petitioner No. 1)
[Name of Wife]
(Petitioner No. 2)
List of Documents Attached:
- Copy of marriage certificate.
- Proof of residence.
- Passport-sized photographs of both Petitioners.
- [Any other relevant documents].
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