BEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT (NAME OF THE PLACE)

HMA PETITION No._______ OF

IN THE MATTER OF:

(Name and address of the Husband) Petitioner No.1

(AND)

(Name and address of the wife) Petitioner No.2

Mutual divorce petition under section 13 (1) (i-b) of the HMA for dissolution
of marriage by mutual consent

MOST RESPECTFULLY SUBMITTED AS UNDER:-

1. That the marriage between the parties was solemnized on —————————–at ——

————, by Hindu rites and ceremonies. The said marriage was consummated thereafter
and the parties cohabited as husband and wife at the matrimonial home i.e. ———————
—-. The particulars showing the details of the parties to the present petition is given
hereunder:-

HUSBAND
BEFORE MARRIAGE.
Age Address Status

HUSBAND
AFTER MARRIAGE
Age Address Status

WIFE
BEFORE MARRIAGE
Age Address Status

WIFE
AFTER MARRIAGE
Age Address Status

2. That there is no issue out of the wedlock of the parties. (or describe the name age and date
of birth of the children and also described the agreement about the custody of the children
amongst the couple).

3. That the parties could not adjust with each other due to temperamental differences and
their marriage has broken down irretrievably and it is now not possible between the parties to
live as husband and wife anymore.

4. That all the efforts of reconciliation between the parties to continue the present marriage
have failed and there are no further chances of reconciliation between the parties anymore.
5. That the parties are residing separately since ______________ and there is no cohabitation
between the parties since then.

6. That the parties have now decided to dissolve the marriage legally through a decree of
divorce on mutual consent. The parties have settled all their claims, counterclaims etc. and
the respondent-wife has received her entire Stridhan, Permanent alimony, maintenance etc.
and there is no due with regard to any other claim between the parties now.

7. That the party has decided to withdraw all the complaints, counter complaints against each
other.

8. That the present petition is not being filed in collusion.

9. That there are no other divorce proceedings pending before any other court.

10. That the matrimonial home of the parties was at ————————–hence this court has
the jurisdiction to grant the decree of divorce as prayed for.

11. That there are no legal impediments in the grant of the decree of divorce to the parties on
the basis of mutual consent.

PRAYER

It is most respectfully prayed that the court may accept the present petition and grant a decree
of divorce between the parties thereby, dissolving the marriage between the parties.

Any other order which the court may deem fit and proper in the facts and circumstances of
the present case be also passed in favor of the petitioners.

Petitioner No.1 Petitioner No.2

PETITION FOR DIVORCE BY MUTUAL CONSENT U/S 13 (B) OF THE HINDU

MARRIAGE ACT, 1955

IN THE COURT OF THE JUDGE, FAMILY COURT, PUNE

AT PUNE

Marriage Petition No. ______________________________________ / 200_

1. Shri ________ H ___ )

age 40 years, occupation - service, )
resident of 700 Narayan Peth, )

Pune411030. ) Petitioners

2. Smt. ______W_ __ )

age 33 years, occupation - service, )

resident of 350 Narayan Peth, )

Pune 411 030. )

A PETITION FOR DIVORCE BY MUTUAL CONSENT U/S 13 (B) OF THE HINDU MARRIAGE ACT 1955

The petitioners abovenamed submit this petition, praying to state as follows:

1. That the petitioners are husband and wife, their marriage having been
solemnised at Pune on___according to the Hindu religion, vaidic rites and
ceremonies.

2. That the petitioner No. 2, prior to the marriage, was known by her maiden
name as Kumari Kanchan, while there is no change resulted in the name of the
petitioner No. 1.

3. That out of their wedlock, the petitioners have got a son by name Shubham
and daughter named Pooja.

4. That the petitioners submit that during the recent past, they realised
that their likings, tastes of life, temperaments, ideas, ideologies, thinking,
attitudes, aptitudes, intellectual reactions, capacities, feelings, moods, habits,
nature and life are so different from each other that it would not be possible
for them to hit it off together in future.

5. That the petitioners have tried the ir best to have a reconciliation for a happy
domesticity, but they have been very unfortunate to bring about the same.

6. That the petitioners have, therefore, decided to dissolve their marriage by

mutual consent, and hence, this petition.

7. That the petitioner No. 2 being in Government service is in a position to

maintain herself as well as the children, and she on her own does hereby forgo
the right to maintenance in respect of herself and the children against the
petitioner No. 1.

8. That the petitioners do hereby declare and confirm that this petition
preferred by them is not collusive.
9. That the petitioners submit that their marriage was celebrated as well as
they are residing within the local limits of the jurisdiction of this Court, and
hence, this Hon'ble Court has jurisdiction to try and decide this petition

10. That the petitioners also submit and declare that they have been residing
separately for the last more than two years, and hence, this petition is
maintainable.

11. That this petition being chargeable with a fixed rate of court fee, the
same is paid herewith.

12. That the petitioners, therefore, pray that -

(a)Their marriage be dissolved by a decree of divorce without passing any

orders as to the costs and maintenance, and

(b)Any other orders in the interest of justice be kindly passed.

Pune, Sd/- H

Sd/- W
Dated: __ PETITIONERS

Sd/- xXx

ADVOCATE/S FOR PETITIONER/S

VERIFICATION (of both the Petitioners)

We, Shri H and Smt. W, the present petitioners, do hereby state on solemn
affirmation that the contents of this petition in paras 1 to 12 are true and correct
to the best of our knowledge and beliefs, and so we have signed hereunder.

Sd/- H Sd/- W PETITIONERS

Subject to the permission of the Court, as the parties shall not be allowed to
be represented by legal practitioners, vide the Family Court Act 1984.

Note: This topic being of great importance, two more drafts are provided
for understanding such a very delicate subject clearly, exclusively and perfectly.