INTRODUCTION

At the outset, it is important to look at the concept of divorce under the Hindu Marriage Act,
1955.
Theories of Divorce
There are basically three theories for divorce: fault theory, mutual consent theory &
irretrievable breakdown of marriage theory.

Under the Fault theory or the offences theory or the guilt theory, marriage can be dissolved only
when either party to the marriage has committed a matrimonial offence. It is necessary to have a
guilty and an innocent party, and only the innocent party can seek the remedy of divorce.
However, the most striking feature and the drawback is that if both parties have been at fault,
there is no remedy available.

Another theory of divorce is that of mutual consent. The underlying rationale is that since two
persons can marry by their free will, they should also be allowed to move out of the relationship
of their own free will. However, critics of this theory say that this approach will promote
immorality as it will lead to hasty divorces and parties would dissolve their marriage even if
there were slight incompatibility of temperament.

The third theory relates to the irretrievable breakdown of the marriage. The breakdown of
marriage is defined as “such failure in the matrimonial relationships or such circumstances
adverse to that relationship that no reasonable probability remains for the spouses again living
together as husband & wife.” Such marriage should be dissolved with maximum fairness &
minimum bitterness, distress & humiliation.

Some of the grounds available under the Hindu Marriage Act can be said to be under the theory
of frustration by reason of specified circumstances. These include civil death, renouncement of
the world etc.

LEGAL FRAMEWORK ENUNCIATED UNDER SECTION 13 OF THE HINDU MARRIAGE ACT

It wouldn’t be wrong to say that the Hindu Marriage Act, in its present form, accommodates all
3 theories of divorce under the framework established by Section 13 of the Act.

The Hindu Marriage Act, 1955 originally, based divorce on the fault theory, and enshrined
nine fault grounds in Section 13(1) on which either the husband or wife could sue for divorce,
and two fault grounds in Section 13(2) on which wife alone could seek the divorce.
In 1964, by an amendment, certain clauses of Section 13(1) were amended in the form of
Section 13(1A), thus recognizing two grounds of the breakdown of the marriage. The 1976
amendment Act inserted two additional fault grounds of divorce for wife & a new section 13B
for divorce by mutual consent.
Various grounds under which a decree of divorce can be obtained are as follows:
1) Adultery
2) Cruelty
3) Desertion
4) Conversion of Religion from Hinduism to any other religion
5) Insanity
6) Leprosy
7) Venereal Disease
8) Renunciation
9) Presumption of Death
Although a clear-cut ground of irretrievable breakdown of marriage has not been provided
under the Act, it would be reasonable to say that the two additional grounds mentioned under
Section 13(1-A) are indicative towards that direction. Section 13(1-A) provides that:
“Either party to a marriage, whether solemnized before or after the commencement of this Act,
may also present a petition for the dissolution of the marriage by a decree of divorce on the
ground-
(i) that there has been no resumption of cohabitation as between the parties to the marriage for
a period of one year or upwards after the passing of a decree for judicial separation in a
proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage
for a period of one year or upward after the passing of a decree of restitution of conjugal rights
in a proceeding to which they were parties.”
Section 13(2) provides for Wife’s special grounds for divorce. They are:
1) Pre-Act Polygamous Marriage
2) Rape, Sodomy or Bestiality
(Under this clause, a divorce petition can be presented if the husband has, since the solemnization
of the marriage, been guilty of rape, sodomy or bestiality.)
3) Non-Resumption of Cohabitation After A Decree/Order of Maintenance
4) Repudiation of Marriage
Section 13-B provides for divorce by mutual consent. The requirements which have to be met to
seek divorce by mutual consent under the Hindu Marriage Act are as follows:

 The parties have been living separately for a period of at least one year

 They have not been able to live together, and

 They have mutually agreed that the marriage should be dissolved

 DRAFT PETITIONS

Under Section 13(1):

The first draft relates to “Divorce Petition [On Behalf of Husband]: On the Grounds of
Cruelty U/S-13(1) (ia) of The Hindu Marriage Act, 1955”.

IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE, NEW DELHI.

H.M.A. PETITION NO. / 2014

IN THE MATTER OF: -

MR. PETITIONER

VERSUS

MRS. RESPONDENT

PS.
Distt.

INDE
X

SRL. NO. PARTICULARS PAGES

1. Petition for Decree of Divorce, along with Affidavit

2. Address of the parties
3. List of Witnesses
4. List of documents
5. Vakalatnama

FILED BY

PETITIONER
THROUGH

, Advocate(s)
(Counsel for the Petitioner)
Enrolment No:
Chamber/ Office at:

Contact No: E-mail:

New Delhi:
Dated:
IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE, NEW DELHI.
H.M.A. PETITION NO. / 2014

IN THE MATTER OF:-

Mr. ,
S/O ,
R/O

PETITIONER

VERSUS

Mrs. ,
D/O Shri ,
W/O ,
R/O

RESPONDENT

PS.
Distt.

PETITION U/S 13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955 (AS

AMENDED UPTO DATE) FOR DECREE OF DIVORCE / DISSOLUTION OF
THE MARRIAGE BETWEEN THE PARTIES.

It is respectfully submitted as under.

1. That the marriage between the parties was solemnized on

, as per Hindu rites and ceremonies, in a very simple
ceremony being held at
. An Affidavit confirming the said averments is being filed
with this petition.

2. That the status, age and the place of residence of the parties before /
at the time of marriage and at the time of filing of this Petition were /
are as follows:-

Before the marriage

Husband Wife
Status & Age Residence Status & Residence
Age
Hindu Bachelor R/O Hindu Virgin R/O
Years 31 Years
(Approx.)
 At the time of filing of petition
Husband Wife
Status & Age Residence Status & Residence
Age
Hindu Married R/O Hindu R/O
Years Marrie
(Approx.) d
Years

3. That the parties have one/ two child/ ch il d re n , namely, &

out of the wed lock, aged nearly years & years. The
child/ children is/ are currently residing with the Petitioner/
Respondent.

4. That the parties have been residing separately since .

5. That the facts and circumstances of this case leading to the filing of
the present Petition are as under: -

6. That the marriage between the parties was without any dowry. The
Petitioner, his parents and/ or any other relative had not taken any
dowry in the marriage, in Cash or kind.

7. That the Respondent has already taken away her entire STRIDHAN,
given to the Respondent by both, the Petitioner’s side and/ or the
Respondent’s side, including jewelry, of gold and/ or silver, as also the
artificial ones, dresses, sarees. She took it away on on the prete
. She has kept her entire stridhan
items at her parents’ house at . It may however
be added and carified herein that neither my side nor her side had
given much of gold or silver jewelry. The jewelry was meager/ small
items like nose pin, etc. All the Jewelry and valuables are with the
Respondent as on the date of filing of this Petition.

8. That the marital relations between the parties have not been very
pleasant and compatible since the day of marriage till the date filing of
this Petition. The reasons for disharmony and non-compatibility are
squarely attributable to the Respondent.

9. That right from the day-one of the marriage the behavior/ attitude of
the Respondent towards the Petitioner, his mother, father, other family
members and relatives has been very insulting/ disrespectful,
quarrelsome, non-co-operative, suspicious, rude, insulting, adamant,
dominating, high tempered, aggressive, violent and suicidal. The
Respondent has given the Petitioner lots and lot of mental tension
almost every day, by her acts of commission and omission, refusing to
perform any of her matrimonial obligations. She has treated the
Petitioner with cruelty, in the following ways and manner:

INSULTING, DISRESPECTFUL, RUDE, HIGH TEMPERED,

AGGRESSIVE, VIOLENT, WHIMSICAL AND QUARRELSOME
ATTITUDE OF THE RESPONDENT:

I. That the Respondent would not respect anybody in the house, not
even the mother and father of the Petitioner. On the contrary, she
would quarrel and insult the Petitioner publicly every other day.
She would not spare even his mother. The former used to quarrel
with and insult the latter every now and then for no fault of the
latter. The Respondent used to talk very rudely and would insult
the aged parents of the Petitioner at the drop of the hat. That the
Respondent quarreled with the Petitioner and his mother without
any provocation.

II. That the Respondent was very whimsical. She used to break
house hold items at the drop of hat and without any provocation.

III. That due the rude and insulting behavior of the Respondent
towards the parents of the Petitioner, his Parents completely
disowned the Petitioner. They also got their act/ statement of
disowning published in a daily newspaper dated .

ADAMANT AND DOMINATING ATTITUDE:

IV. That the Respondent was very adamant. She was hell bent on
living separately from the parents of the Petitioner. Not only that,
she demanded from the Petitioner a separate residence, clearly
specifying that the house should be near her mother’s house and
away from the house of the parents of the Petitioner.

V. That the Respondent used to dominate the Petitioner in

everyhouse hold affair, be it small or big, thereby not at all giving
 him any space, clearly leaving him with no other choice but to
suffer and sustain mental torture in silence.

NON-CO-OPERATIVE ATTITUDE:

VI. That the Respondent was thoroughly non-co-operative. She

refused to perform her matrimonial obligations making every trivial
household thing an issue. However, the Petitioner continued to be
supportive and co-operative, discharging all his matrimonial
obligations, thinking that good sense will prevail upon the
Respondent sooner than later.

SUSPICIOUS ATTITUDE:

VII. That just as if what is averred hereinabove was not enough, the
Respondent also used to torture, harass and humiliate the
Petitioner privately and publicly by alleging that he had numerous
affairs with other women. The Respondent used to level this
allegation despite the fact that she knew it very well that the
Petitioner had no such relation, the Petitioner being person of
principles and morals.

SUICIDAL/ REVENGEFUL ATTITUDE:

VIII. That at times, and very often, the Respondent used to threaten to
commit suicide by pulling a knife from kitchen and putting it near
her wrist. She also used to threaten on and off that she will kill the
Petitioner.

IX. That for some time now, the Respondent was scaring the
Petitioner by threatening him that she is going to get his entire
family falsely implicated in false criminal cases, for dowry demand
and domestic violence.
 REFUSED TO PERFORM MATRIMONIAL OBLIGATIONS:

X. That the Respondent has not been performing any of her

matrimonial obligation much prior to since the parties formally
separated on . That since , the
Respondent has been consistently refusing to have sex with the
Petitioner. She has also been refusing to do any house hold
chorus. She has not been preparing meals, breakfast, lunch,
dinner, for the Petitioner.

ACUTE HABIT OF TALKING ON PHONE/ MOBILE:

XI. That the Respondent talks to her mother on phone several times in
a day. The mother of the Respondent has also threatened the
petitioner of falsely implicating in false criminal Cases.

GOT THE CHILD/ CHILDREN ADMITTED TO SCHOOL WITHOUT

CONSULTING THE PETITIONER:

XII. That the Respondent got their child/ children admitted to school,
without consulting the Petitioner.

OTHER RELEVENT FACTS

XIII.

XIV.

XV.

10. That the Respondent has committed the above said acts of cruelty on
the Petitioner knowingly, intentionally, willfully and deliberately.

11. That the Petitioner has sought the intervention of the parents and
relatives of the Respondent, however, they have never taken any
interest in the affairs of the parties. The Petitioner has made all efforts
and has exhausted all the avenues to bring normalcy in his married
life, however all has gone in vain.
12. That the marital relation of the parties has been damaged beyond
repair. There is no chance of any patch up between them.
Consequently, the marriage between the parties is irretrievably broken.

13. That in view of the facts and circumstances, as narrated here-in-

above, the Petitioner has been left with no other alternative but to seek
the remedy through the Court of law. Hence this Petition.

14. That this petition is not being presented in collision with the Respondent.

15. That no such petition was / has ever been filed by the Petitioner
against the Respondent in this Court or any other court.

16. That the Petitioner has not condoned the above said cruelties
committed by the Respondent on him.

GROUNDS

17. That the Petitioner, seeks from this Hon’ble Court the dissolution of his
marriage with the Respondent on the following grounds amongst
others:
-

(a) BECAUSE the Respondent has since solemnization of the

marriage of the parties treated Petitioner with cruelty.

(b) BECAUSE there is a complete breakdown of the marriage

between the parties. There is no chance of any patch up
between them.

18. That that grounds for divorce, as enumerated in Section-13 of the

Hindu Marriage Act, 1955, are reproduced here-in-under, for an instant
reference:-

Section-13. Divorce- (1) Any marriage solemnized, whether

before or after the commencement of the Act, may, on a petition
presented by either the husband or the wife, be dissolved by a
decree of divorce on the ground that the other party-
(i) has, after the solemnization of the marriage had voluntary
sexual intercourse with any person other than his or her
spouse;or (ia) has, after the solemnization of the marriage,
treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less
than two years immediately preceding the presentation of the
petition; or
(ii) has ceased to be a Hindu by conversion to another religion; or
(iii) has been incurably of unsound mind, or has suffering
continuously or intermittently from mental disorder of such a kind
and to such an extent that the petitioner cannot reasonably be
expected to live with the respondent.
Explanation- In this clause-
(a) the expression "mental disorder" means mental illness,
arrested or incomplete development of mind, psychopathic
disorder or any other disorder or disability of mind and include
schizophrenia;
(b) the expression "psychopathic disorder" means a persistent
disorder or disability of mind (whether or not including sub-
normality of intelligence) which results in abnormally aggressive or
seriously irresponsible conduct on the part of the other party and
whether or not it requires or is susceptible to medical treatment; or
(iv) has been suffering from a virulent and incurable form of
leprosy; or
(v) has been suffering from veneral disease in a communicable
form; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven
years or more by those persons who would naturally have heard of
it, had that party been alive;
Explanation.- In this sub-section, the expression "desertion"
means the desertion of the petitioner by the other party to the
marriage without reasonable cause and without the consent or
against the wish of such party, and includes the willful neglect of
the petitioner by the other party to the marriage, and its
grammatical variations and cognate expression shall be construed
accordingly.
(1-A) Either party to a marriage, whether solemnized before or
after the commencement of this Act, may also present a petition
for the dissolution of the marriage by a decree of divorce on the
ground-
(i) that there has been no resumption of cohabitation as between
the parties to the marriage for a period of one year or upwards
after the passing of a decree for judicial separation in a proceeding
to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between
the parties to the marriage for a period of one year or upward after
the passing of a decree of restitution of conjugal rights in a
proceeding to which they were parties.
(2) A wife may also present a petition for the dissolution of her
marriage by a decree of divorce on the ground-
(i) in the case of any marriage solemnized before the
commencement of this Act, that the husband had married again
before the commencement or that any other wife of the husband
married before such commencement was alive at the time of the
solemnization of the marriage of the petitioner:
Provided that in either case the other wife is alive at the time of
the presentation of the petition;
(i) that the husband has, since the solemnization of the marriage,
been guilty of rape, sodomy or bestiality; or
(ii) that in a suit under Section 18 of the Hindu Adoptions and
Maintenance Act, (78 of 1956), or in a proceeding under Section
 125 of the Code of Criminal Procedure, 1973, (Act 2 of 1974) or
under corresponding Section 488 of the Code of Criminal
Procedure, (5 of 1898), a decree or order, as the case may be, has
been passed against the husband awarding maintenance to the
wife notwithstanding that she was living apart and that since the
passing of such decree or order, cohabitation between the parties
has not been resumed for one year or upwards;or
(iv) that her marriage (whether consummated or not) was
solemnized before she attained the age of fifteen years and she
has repudiated the marriage after attaining that age but before
attaining the age of eighteen years.
Explanation- This clause applies whether the marriage was
solemnized before or after the commencement of the Marriage
Law (Amendment) Act, 1976.

FORMAL/ LEGAL AVERMENTS

19. That the above said acts of the Respondent tantamount to Cruelty,
and is very well covered under Section-13(1)(ia) of the Hindu Marriage
Act, 1955.

20. That the cause of action to file the present petition arose on
, since when the parties are living separately. It further
arose on each and every day and date prior and after ,
when the Respondent subjected the Petitioner to cruelty by her acts of
commission and omission, as mentioned in this Petition.

21. That this Hon’ble Court does have the jurisdiction in the matter to
adjudicate upon and decide the same.

22. That this Petition is being instituted within the period of limitation, as
the same is filed before this Hon’ble Court without any unnecessary
and/or improper delay.

23. That the Petition has also been filed in compliance of the provisions of
the Hindu Marriage Act, 1955. There is no legal ground or bar to the
grant of relief as prayed for in this petition.

24. That the appropriate court fee has been affixed on this Petition.
 PRAYER

It is therefore most respectfully prayed that this Hon’ble Court be pleased to;

a) Pass a decree of divorce, ordering / directing dissolution of the marriage

between the parties.

b) Pass any other and / or further order(s) in the favour of the Petitioner
and against the Respondent, which this Hon’ble Court may deem fit and
proper in the interest of Justice and fair play.

PETITIONER
THROUGH

, Advocate(s)
(Counsel for the Petitioner)
Enrolment No:
Chamber/ Office at:

Contact No: E-mail:

New Delhi:
Dated:

Verified at New Delhi on day of , 2014 that the contents of

the above paras 01 to are true and correct to my knowledge and belief,
paras to are true and correct as per the advice received and the
last para is a prayer to this Hon’ble Court. Nothing material has been
concealed.

PETITIONER/
DEPONENT
 IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE, NEW DELHI
H.M.A. PETITION NO. / 2014

IN THE MATTER OF:-

MR. PETITIONER

VERSUS

MRS. RESPONDENT

AFFIDAVIT OF , S/O SH. , AGED

NEARLY, YEARS, R/O

I, the Deponent, do hereby solemnly affirm and declare as under: -

1. I am the Petitioner in the above noted / accompanying Petition U/S-13

of the Hindu Marriage Act, 1955, for decree of divorce/ dissolution of
the Marriage between me and the Respondent, and therefore am
competent to file this Affidavit in support of the Petition.

2. The accompanying Petition has been drafted by my counsel as per

my instructions. I have gone through and understood the contents of
the Petition and found the same to be correct.

3. That I reaffirm that I had married to the Respondent on .

I have filed the accompanying Petition, as the Respondent has
committed cruelty on me, as stated by me in the accompanying
Petition. She did so intentionally, willfully and deliberately. The
contents of the petition also form part and parcel of this petition, which
have, however, not been repeated herein for the sake of the brevity.

4. That I affirm that there is a complete breakdown of the marriage

between me and my wife. There is no chance of any patch up
between us.

5. That I affirm that I have not presented this petition in collision with the
Respondent.

6. That I affirm that I have not condoned the cruelties committed by the
Respondent on me.

DEPONENT

VERIFICATION
Verified at New Delhi on day of that the contents of the
above noted affidavit are true and correct to my knowledge and belief and
nothing material has been concealed there from.

DEPONENT
IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE, NEW DELHI.
H.M.A. PETITION NO. / 2014

IN THE MATTER OF:-

MR. PETITIONER

VERSUS

MRS. RESPONDENT

ADDRESS OF THE PARTIES

ADDRESS OF THE PETITIONER

Mrs. ,
D/O Shri ,
W/O ,
R/O

ADDRESS OF THE RESPONDENT

Mrs. ,
D/O Shri ,
W/O ,
R/O

FILED BY

PETITIONER
THROUGH

, ADVOCATE,
(COUNSEL FOR THE PETITIONER)

PLACE: NEW DELHI

DATED:
IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE, NEW DELHI.
H.M.A. PETITION NO. / 2014

IN THE MATTER OF:-

MR. PETITIONER

VERSUS

MRS. RESPONDENT

LIST OF WITNESSES

SRL. NO. PARTICULARS

1. The Petitioner himself.

2. Any other witness

The Petitioner reserves her right to adduce / lead / examine additional

evidence / Witnesses subject to the permission of the Hon’ble Court, if need
be.

FILED BY

PETITIONER
THROUGH

, ADVOCATE,
(COUNSEL FOR THE PETITIONER)

PLACE: NEW DELHI

DATED:
IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE, NEW DELHI.
H.M.A. PETITION NO. / 2014

IN THE MATTER OF:-

MR. PETITIONER

VERSUS

MRS. RESPONDENT

LIST OF DOCUMENTS FILED BY THE PETITIONER

SRL. NO. PARTICULARS PAGE

NO.
1. Invitation Card
2. Photos of marriage.
3. Identification and residence Proof

The Petitioner reserves her right to file additional documents with the
permission of the Hon’ble Court, if need be.

FILED BY

PETITIONER
THROUGH

, ADVOCATE,
(COUNSEL FOR THE PETITIONER)

PLACE: NEW DELHI

DATED:
IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE, NEW DELHI.
H.M.A. PETITION NO. / 2014

IN THE MATTER OF:-

MR. PETITIONER

VERSUS

MRS. RESPONDENT

COURT FEES

FILED BY
PETITIONER
THROUGH

, ADVOCATE,
(COUNSEL FOR THE PETITIONER)

PLACE: NEW DELHI DATED:

Under Section 13(2):
A similar format (as the aforementioned) is to be followed for a divorce petition under Section
13(2) of the Hindu Marriage Act, 1955. Merely the grounds have to be changed in accordance
with the provision. It is important to remember that a petition under Section 13(2) can only be
filed by the wife as it provides for wife’s special grounds for divorce

Under Section 13(B):

The following format is to be followed for a mutual consent divorce petition under Section 13(B)
of the Hindu Marriage Act:
 In The Court Of District & Sessions Judge, (Central)

Delhi HMA No. of 2014

In the matter of:

Mr........................................................................................Petitioner No. 1

And

Smt................................................................................... Petitioner No. 2

INDEX

S. No. Particulars Page No. Court Fee

(R)
1 Petition under section 13-B (2) of
The Hindu Marriage Act, 1955
alongwith affidavits of both the
Petitioners.
2 Annexure-1
Certified Copy of the Order dated
18.03.2013, passed by Sh.Sudesh
Kumar, ADJ, New Delhi, at the time
of First Motion

3 Annexure-2(Colly)
Certified Copy of the Petition under
section 13-B (1) of The Hindu
Marriage Act, 1955, along with
Affidavits and documents and
Statements of the Petitioners
4 Copies of the other related
documents

5 Vakalatnamas in favor of the

Counsels of the Parties

Petitioner No. 1 Petitioner No. 2

Through

, Advocate , Advocate
(Counsel for the Petitioner No.1) Advocates for Petitioner No. 2
Ch. No. , Ch. No. ,
Lawyers’ Chambers, Lawyers’ Chambers,
Courts, Courts,
New Delhi-110017. New Delhi-110017.
 In The Court Of District & Sessions Judge, (Central) Delhi

HMA No. of 2014

In the matter of:

Mr. ,
D/O Shri ,
W/O ,
R/O

.………. Petitioner No. 1

And

Mrs.
,
S/O Shri ,
R/O ,

………… Petitioner No. 2

PETITION UNDER SECTION 13-B (2) OF THE HINDU MARRIAGE ACT,

1955 FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT

Most Respectfully submitted as under:-

1. That the maiden name of the Petitioner No.2 happened to be .
After marriage, she adopted the surname of the Petitioner No.-1 and
became known to the world at large by the name of .

2. That the First Motion between the parties hereto came up before the
Hon’ble Court of , ADJ, Tis Hazari, Delhi and after
recording of the statements of petitioners, the same was disposed of
vide its order dated . Certified Copies of the Order dated
is Annexure-1 and the Petition for the First Motion, U/S
13-B(1), of the Hindu Marriage Act, 1955, along with Affidavits,
documents and Statements of the Petitioners No.1 & 2 are being
annexed herewith this Petition as Annexure-2 (Colly).

3. That despite the gap of 6 months between the two impugned motions,
the Petitioners hereto could not reconcile their differences and
continued to stay away from the society of each other. Hence, the
present motion.

4. That the marriage between petitioners was solemnized on

according to Hindu rites and ceremonies at
.
5. That the particulars of petitioners pertaining to their status, age and
place of residence before marriage and at the time of filing the present
petition are as under:

Before the marriage

Husband Wife
Status & Age Residence Status & Residence
Age
Hindu Bachelor R/O Hindu Virgin R/O
Years 31 Years
(Approx.)

At the time of filing of petition

Husband Wife
Status & Age Residence Status & Residence
Age
Hindu Married R/O Hindu R/O
Years Marrie
(Approx.) d
Years

6. That the marriage was duly consummated but no child was born from
the wedlock.

7. The parties are living separately from the company of each other since
.

8. That the Petitioners were unable to adjust with each other due to their
temperamental differences and various other reasons. They tried hard to
reconcile their differences themselves and through their parents,
relatives and friends, however, all went in vain.

9. That in this while, following Cases also got initiated by the Petitioner
No.2 against the Petitioner No.1 and his family members:-

i. An FIR No. of (Dated-

), PS- , U/S- of IPC.
ii. A Case Under Section-125 of the Code of Criminal
Procedure, 1973.
iii. A Child Custody matter Under Guardians and Wards Act, 1890
& Hindu Adoptions And Maintenance Act, 1956.
iv. Any Other.
10. That the Petitioners have settled their issues/ Claims related to all the
dowry/Istridhan, maintenance, past, present & future and permanent
alimony etc. in the Mediation Centre, District Court, New Delhi.
In this regard, the Settlement/ Agreement dated , duly
executed before the Mediator, Sh. may be referred to
and relied upon, the contents of which form part and parcel of this
Petition, however, the same have not been repeated herein just avoid
the duplicity. The Copy of Settlement/ Agreement dated is
annexed herewith as Annexure A.

11. That the terms and conditions of the Agreement/ Settlement dated
, with respect to the payment of money by the
Petitioner No.1 to the Petitioner No.2, are as follows:

12. That the Petitioner No.1 agreed to pay the Petitioner No.2 a sum of Rs.
/- towards full and final settlement/ satisfaction of all
her claims in five equal instalments of Rs. /- each. The first
instalment of Rs. /- were to be paid at the time of the
First Motion in the proceedings/ Petition U/S 13(B)(1) of the Hindu
Marriage Act, 1955, the second instalment of Rs. /- at
the time of the Second Motion, U/S 13(B)(2) of the Hindu Marriage Act,
1955, the third instalment of Rs . /- at the time of
withdrawal of the Case, under Section -12 of the D V Act, the fourth
instalment of Rs. /- at the time of withdrawal of the Case,
under Section-125 of the Cr.P.C., and the fifth and last instalment of Rs.
/- were to paid at the time of quashing of FIR before
this Hon’ble Court.

13. That other terms and conditions of the Agreement/ Settlement dated
do form part and parcel of this Petition, the same have
however, not been repeated herein, just to avoid the duplicity.

14. That in view of the afore stated facts, as also in compliance with the
Terms of the Settlement/ Agreement dated , the
Petitioners have therefore filed this Petition for dissolution of their
marriage by divorce with mutual consent. The expenditures incurred on
filing of this Divorce Petition, including the Court fee etc., have been
borne by Petitioner No.1.

15. That on , at the time of recording of statement in First

Motion of the Divorce Petition, under section 13-B (1) of the Hindu
Marriage Act, 1955, the Petitioner No.1 had paid to the Petitioner No.2 a
 sum of Rs. /- (Rupees only) vide a Bankers
Cheque No. , dated , issued by the Bank,
namely, , for a sum of Rs . (Rupees
Only), in favour of ,

16. That the Petitioner No.1 had already got made/ issued a Bankers
Cheque No. , dated , issued by the Bank, namely,
, for a sum of Rs.
(Rs. Only), in favour of .
The Copy of the Demand Draft/ Pay Order is annexed here with this
Petition. The Petitioner No.1 undertakes to hand over to the Petitioner
No.2 the original Demand Draft/ Pay Order at the time of recording of
statement in First Motion of the Divorce Petition, under section 13-B (2)
of the Hindu Marriage Act, 1955.

17. That the parties to the Petition assure and undertake not to file or initiate
henceforth any civil or criminal or any other form of legal proceeding/s
against each other or their respective family members.

18. That the consent of the parties hereto, for moving the present petition,
has not been obtained by force, fraud or pressure, undue influence,
coercion from any quarter whatsoever and the petitioners have signed
the present petition and accompanying affidavits of their own volition.

19. That there is no collusion between petitioners in filing the present petition.

20. That from henceforth, the Petitioners hereto have been left with no
mutual obligation against each other.

21. That nothing remains to be adjudicated upon in this Case.

22. That there is no delay in filing the present petition.

23. That there is no legal bar against seeking and granting the relief, as
prayed for in this Petition.

24. That the residence of the Petitioner No. 1 and/ or 2 falls within the
territorial jurisdiction of this Hon'ble Court and accordingly, this Hon'ble
Court has got the territorial jurisdiction to entertain the present Petition.

25. That the proper and requisite court fee has been affixed on the petition.
 PRAYER
In view of the aforementioned facts and circumstances, it is therefore
most respectfully prayed that this Hon’ble Court may be pleased to:-

i. Pass an Order/ Judgment, dissolving the marriage between the

Petitioners by a decree of divorce by mutual consent in the interest of
justice; and

ii. Pass any other or further order(s) which this Hon’ble Court may deem fit
and proper in the facts and circumstances of the case, in the interest of
justice.

Petitioner No. 1 Petitioner No. 2

Through

, Advocate , Advocate
(Counsel for the Petitioner No.1) Advocates for Petitioner No. 2
Ch. No. , Ch. No. ,
Lawyers’ Chambers, Lawyers’ Chambers,
Courts, Courts,
New Delhi-110017. New Delhi-110017.

New Delhi
Dated

Verification: -
Verified, on solemn affirmation, on this day of , 2014, in New
Delhi that the contents of paragraph Nos. 1 to of the above petition are true
and correct to the best of our knowledge & belief and those of paragraphs
Nos. to , on the basis of legal advice received and the last paragraph is
prayer to this Hon’ble Court.

Petitioner No. 1 Petitioner No. 2

 In The Court Of District & Sessions Judge, (Central)

Delhi HMA No. of 2013

In the matter of:

Mr........................................................................................Petitioner No. 1

And

Smt................................................................................... Petitioner No. 2

AFFIDAVIT

I, , S/O Shri
, R/O
, aged about years, do hereby solemnly affirm and declare as under:

1. That the marriage between Petitioners was solemnized on

according to Hindu rites and ceremonies at
.

2. That there is no collusion between Petitioner No.2 and I in filing

the present petition.

3. That I am living separately from Petitioner No.2 since and have

not cohabited with her from then onwards.

4. That I have given my consent out of my own free will, choice and volition
and the same has not been obtained either by force, fraud, pressure,
undue influence or coercion from any quarter whatsoever.

5. That the accompanying Petition has been jointly drafted by our respective
counsels under the joint instructions of Petitioner No.2 and mine and I
further state that its contents are true and correct to the best of my
knowledge, belief and the legal advice received.

6. That the contents of the accompanying petition may kindly be treated as

an indispensable part of the present affidavit whose contents are not
being reiterated to avoid prolixity.

Deponent
Verification: -
Verified, on solemn affirmation, on this _ day of , 2014, in New
Delhi that the contents of the above affidavit are true and correct to the best of
my knowledge and belief, no part of it is false and nothing material has been
concealed there from.

Deponent
 In The Court Of District & Sessions Judge (Central), Saket, New

Delhi HMA No. of 2013

In the matter of:

Mr........................................................................................Petitioner No. 1

And

Smt................................................................................... Petitioner No. 2

AFFIDAVIT

I, , D/O Shri
, R/O
, aged about years, do hereby solemnly affirm and declare as under:

1. That the marriage between Petitioners was solemnized on

according to Hindu rites and ceremonies at
.

2. That there is no collusion between Petitioner No.1 and I in filing the

present Petition.

3. That I am living separately from Petitioner No. 1 since

and have not cohabited with him from then onwards.

4. That I have given my consent out of my own free will, choice and volition
and the same has not been obtained either by force, fraud, pressure,
undue influence or coercion from any quarter whatsoever.

5. That the accompanying Petition has been jointly drafted by our respective
counsels under the joint instructions of Petitioner No.1 and mine and I
further state that its contents are true and correct to the best of my
knowledge, belief and the legal advice received.

6. That the contents of the accompanying petition may kindly be treated as

an indispensable part of the present affidavit whose contents are not
being reiterated to avoid prolixity.

Deponent
Verification: -
Verified, on solemn affirmation, on this day of , 2014, in
New Delhi that the contents of the above affidavit are true and correct to the
best of my knowledge and belief, no part of it is false and nothing material
has been concealed there from.

Deponent