If you are searching for the Mutual Divorce Petition Format in English, this detailed legal guide explains the complete Section 13B Divorce Petition Format, required documents, settlement clauses, and filing procedure in India.
At Legal Consultants Chandigarh, Advocate Deepak Malhotra provides professionally drafted Mutual Consent Divorce Petition Drafts ready for filing before the Family Court in Chandigarh and Mohali. You may download a pdf version at the end of this page.
π Call: 9888861666 | 9815280500
π www.legalconsultantschd.com
What is Mutual Divorce under Section 13B?
A Mutual Divorce Petition Format in English is used when both husband and wife jointly file a petition under Section 13B of the Hindu Marriage Act, 1955 for divorce by mutual consent.
To file a Mutual Consent Divorce Petition Draft, the following conditions must be satisfied:
- Parties have lived separately for at least one year.
- They are unable to live together.
- They mutually agree to dissolve the marriage.
This is also called:
- Joint Divorce Petition Format India
- Uncontested Divorce Petition
- Section 13B Divorce Petition Format
- Mutual Consent Divorce Application Format
Structure of Mutual Divorce Petition Format in English
A properly drafted Mutual Divorce Petition Format in English contains the following sections:
1. Heading of Court
Filed before:
Honβble Family Court having jurisdiction (e.g., SAS Nagar Mohali / Chandigarh).
2. Memo of Parties
The Joint Divorce Petition Format India must clearly mention:
- Full name of husband and wife
- Parentage
- Address
- Aadhaar details
- Contact information
3. Petition Under Section 13B HMA
The Section 13B Divorce Petition Format must include:
- Date and place of marriage
- Details of children (if any)
- Date of separation
- Statement of mutual consent
- Confirmation that petition is not filed under pressure
Essential Clauses in Mutual Consent Divorce Petition Draft
For proper legal protection, the Mutual Divorce Petition Format in English must contain detailed settlement clauses.
Settlement Amount Clause
The Mutual Consent Divorce Petition Draft must mention:
- Past maintenance
- Permanent alimony
- Future maintenance
- Full and final settlement amount
Mode of Payment Clause
A strong Section 13B Divorce Petition Format specifies:
- Amount payable at First Motion
- Remaining amount payable at Second Motion
Stridhan and Property Clause
A complete Mutual Divorce Petition Format in English clearly states:
- Stridhan articles returned
- Gold items settled
- No further property claims
Child Custody & Education Clause
The Joint Divorce Petition Format India must mention:
- Custody arrangement
- Visitation rights
- Education expenses
- Financial responsibility
Withdrawal of Cases Clause
Before Second Motion, the Mutual Consent Divorce Petition Draft should confirm:
- Withdrawal of civil cases
- Withdrawal of criminal cases
- No future litigation
Final Settlement Clause
The Section 13B Divorce Petition Format must state that after payment:
- No further maintenance claim
- No domestic violence case
- No dowry complaint
- No property dispute
Documents Required for Mutual Divorce Petition Format in English
To prepare a complete Mutual Divorce Petition Format in English, you need:
β Marriage Certificate / Marriage Card
β Marriage Photographs
β Compromise Deed / Settlement Agreement
β Aadhaar Cards of both parties
β Aadhaar of child (if applicable)
β Address Proof
β Supporting Affidavits
β Joint Affidavit for Child
β Vakalatnama
Without proper documentation, your Mutual Consent Divorce Petition Draft may face objections.
Step-by-Step Procedure β Section 13B Divorce Petition Format
Step 1 β Drafting Settlement
The Mutual Divorce Petition Format in English is prepared after settlement terms are finalized.
Step 2 β Filing Joint Petition
The Joint Divorce Petition Format India is filed before Family Court.
Step 3 β First Motion
Court records statements of both parties.
Step 4 β Cooling Period
Six months waiting period (can be waived).
Step 5 β Second Motion
Final confirmation and decree granted.
Why Proper Drafting of Mutual Divorce Petition Format in English is Important?
Many online samples of Mutual Divorce Petition Format in English are incomplete.
Common mistakes include:
β No detailed alimony clause
β No custody clause
β No withdrawal of cases clause
β Improper jurisdiction
β Weak settlement drafting
A professionally drafted Mutual Consent Divorce Petition Draft prevents future disputes and legal complications.
Mutual Divorce Lawyer in Chandigarh & Mohali
If you are looking for:
- Mutual Divorce Petition Format in English
- Section 13B Divorce Petition Format
- Joint Divorce Petition Format India
- Mutual Consent Divorce Petition Draft PDF
Contact:
Advocate Deepak Malhotra
Legal Consultants Chandigarh
Quiet Office Building No. 4, Sector 35-A, Chandigarhπ 9888861666
π 9815280500
π www.legalconsultantschd.com
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