Mutual Consent Divorce petition u/s 13-B draft word format

Mutual Consent Divorce Petition

mutual consent divorce is very easy but contested divorce on the grounds of cruelty, desertion, adultery need experts . However mutual consent divorce petition u/s 13-B draft word format is given below.

Mutual Consent Divorce Petition u/s 13-B draft word format is as under

BEFORE THE HON’BLE COURT OF DISTRICT JUDGE, U.T CHANDIGARH

Divorce Petition No. _______/2021

Mutual Consent Divorce u/s 13-B of HMA

________________________________             …………………Petitioner-1

V/s

_______________________________              …………………Petitioner-2

Petition U/s 13-B of the Hindu Marriage Act for dissolution of marriage by way of mutual consent divorce

RESPECTFULLY SHOWETH;

The Humble petition of the Joint Petitioner being Petitioner no. 1 and the Petitioner No. 2 herein most respectfully Showeth: –

1. That the parties to this present petition are Petitioner -1 and Petitioner -2 are husband and wife and their marriage was solemnized on ______ at ____________, as per Hindu Vedic Rites and Rituals. Petitioner -1 and 2 both were bachelor and Out of the said wedlock _________ was born on ______
2. After marriage both Petitioner No 1 and Petitioner No 2 started living together at ___________
3. That from the starting only there were many differences between both the petitioners but they kept on living together so that career of their children don’t get spoiled
4. That both the Petitioners last resided together at

___________ since ______ till ________ and since ______ both are living separately.

5. That the age, status and place of residence of the petitioner No.1 / Husband and petitioner No.2 / Wife, before marriage and at the time of filing the petition were/are asunder:-  

PETITIONER NO.1/HUSBAND

PETITIONER NO.2/WIFE

6. That after the marriage, the parties could not pull on well owing to various differences and temperamental incompatibility, and have decided to live separately from each other since _______ and there is no chance of reconciliation of marriage between the parties or resumption of normal marital relationship in future. The well wishers, friends, relatives and elders of both the families tried to reconcile the relation between the parties but all attempts went in vain.

7. That the parties since have realized that it will be futile to continue the marital relationship, as such they have decided to file instant application praying for a Decree of Divorce on mutual consent on the following terms and conditions.
   1. That it has been further mutually agreed that both the Parties/Petitioners are hereby applying before District and Session court at Chandigarh, for Decree of Dissolution of Marriage by Mutual Consent and complete all the formalities till the final order of Decree of Dissolution of Marriage by mutual consent.
   2. That Petitioner No 1 will pay _________.
   3. That the custody of children will be permanently with the Petitioner no 2 and Petitioner No 1 shall retain Visitation rights on each alternate Weekend to meet his children.
   4. That the Petitioner No 1 has already handed over all the items of Stridhan and others to the Petitioner No 2, none of the material, gold, and stridhan is left in the custody of Petitioner No 1.
   5. That any other complaint / all other complaints / cases if filled or to be filed by Petitionerno.2 against Petitioner no.1 and his family members shall be treated as withdrawn / closed or vice-versa.
   6. That Petitioner no.2 shall make no further claim / right against any movable or immoveable property of Petitioner no. 1 or his family members.
   7. That both the petitioners shall assist each other in prudently pursuing the petition for dissolution of marriage by mutual consent and shall appear in the concerned Court as and when necessary and required to record necessary statements as per law in getting the decree of Divorce by mutual consent.
   8. That both the parties shall have on satisfaction of aforementioned terms undertake not to file any further claims whatsoever against each other from this day onwards and above-mentioned terms and conditions shall be binding on them. Any party who denies the above-mentionedterms and condition will be liable for legal action and cost.
   9. That this petition is filed voluntarily and with mutual consent without any Fear, Pressure, Force, Fraud, Undue Influence, Coercion in the presence of members of the family / relative.

8. That the parties last lived/cohabited at Chandigarh, and are within the jurisdiction of this Hon’ble Court.

9. That since __________, both petitioners are living separately and there is no matrimonial relationship among them.

10. That both the parties have decided to dissolve the marriage.

11. That the above petition is bona fide and not presented in collusion between the parties.

12. That there is every legal ground in granting the relief.

13. That the petitioners have not filed any other such like identical petition involving the same subject matter of the present petition except the litigation detailed above.

14. That requisite court fee has been affixed on the petition.

PRAYER: –

THEREFORE, the both petitioners in above matter most respectfully prays that this Hon’ble court under the circumstances pray for a decree of dissolution of Marriage by mutual consent under section 13-B of the Hindu Marriage Act 1955

Any other order in the circumstances of the case may also be passed.

Place: Chandigarh       (Signature of the Petitioner 1)

Date: ………………

(Signature of the Petitioner 2)

Verification

I, Mr. ______  , do hereby verify that the contents from Paras 1 to 14 are correct and true to the best of my knowledge and personal belief, faith and as per my instructions. The above contents have been read over and explained to me in English / Hindi and I have understood the same. Hence I have signed hereunder on this __________________ at Chandigarh. 

Petitioner 1

Verification

Ms _____ ,do hereby verify that the contents from paras 1 to 14 are correct and true to the best of my knowledge and personal belief, faith and as per my instructions. The above contents have been read over and explained to me in English/ Hindi and I have understood the same. Hence I have signed hereunder on this ___________________ at Chandigarh.

(Signature) Petitioner 2

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