Petition for Divorce by Mutual Consent

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IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, in you area

H.M.A. PETITION NO…………. OF 2024

IN THE MATTER OF :

SMT. —–                                       And                                        Mr.—

PETITION FOR DISSOLUTION OF MARRIAGE BY WAY OF DECREE OF DIVORCE BY MUTUAL CONSENT U/S 13 (B)(1) OF THE HINDU MARRIAGE ACT ON BEHALF OF THE PETITIONERS.

Respectfully Showeth:

1. That the petitioner no.1 was married to Petitioner no.2 on –/–/—- according to Hindu rites, customs, and ceremonies in Delhi.

• That the status, age, and place of residence of the parties to this marriage at the time of filling the present petition are given below:-

PETITIONER NO.1/ WIFE

	Status	Age	Place of Residence
At the time of Marriage	Hindu Spinster	years	R/o
At the time of filling out the Petition	Hindu Married	years	R/o

PETITIONER NO.2/ HUSBAND

	Status	Age	Place of Residence
At the time of Marriage	Hindu Bachelor	years	R/o-
At the time of filling out the Petition	Hindu Married	years	R/o

• That due to certain temperamental differences, both the parties have started quarreling on trivial issues and cannot live peacefully in spite of the best efforts made by the relatives and common friends.

• That due to temperamental differences, both the parties have no formal or informal, whether physical or mental relationship between them as husband and wife and they have been living separately since –/–/—-.

• That while living separately, the talks for arriving at some settlement were carried on and with the intervention of the elders, respectable persons of the society, and other well-wishers, both the petitioners entered into oral settlement where both petitioner No.1 & 2 have settled their all disputes and decided to dissolve the marriage by getting a decree of divorce by mutual consent.

• That it has been further agreed/settled between the petitioners that they shall take divorce by way of mutual consent.

• That it has been further agreed/settled between the petitioners that the petitioner No. 2/Husband namely Mr. —– shall pay a total sum of Rs. 0,000,000/- (Rs. —- Lakhs Only) to Petitioner No.1/Wife namely Ms. —-, towards a full and final settlement of all her claims arising out of their marriage which includes maintenance (present, past and future), permanent alimony, dowry articles, stridhan etc.

• That it has been further agreed/settled between the petitioners that petitioner No. 2/Husband namely Mr. —- shall pay the above-settled amount to the petitioner No. 1/wife, in the following manner:-

• Rs. 00,000/- by way of cash/demand draft at the time of recording of the statement of the parties in the first motion petition which shall be filed by the parties before this Hon’ble court.
•  Rs. 00,000/- by way of cash/demand draft at the time of recording of the statement of the parties in the second motion petition before this Hon’ble court.

1. That it has been further agreed/settled between the petitioners that both the petitioners shall not file any case/complaint/litigation against each other and their family members in the future arising out of their marriage.

1. That it has been further agreed/ settled between the petitioners that after this settlement, there shall be no right, or title interest against each other in the moveable and immovable properties in the future.

1. That it has been further agreed/settled between the petitioners that apart from the cases mentioned above, no other case or complaint is pending between the parties and that in case any such case/complaint is found pending between them arising out of their marriage, the same shall be withdrawn by the concerned party in terms of this settlement.

1. That both parties shall abide by all the terms and conditions       as per the mediation settlement between the petitioners.

1. That the parties to this petition shall remain at liberty to enjoy their lives in a manner of their choice after having their marriage dissolved by a decree of divorce by mutual consent.

1. That the consent of the parties as referred to above has not been obtained by pressure, force, fraud, or undue influence whatsoever.

1. That there is no reason/ ground/impediment as to why the relief being sought should not be granted to the petitioners.

1. That the parties to the petition have mutually agreed that their marriage should be dissolved.

1. That the present petition has not been filed in collusion with each other.

1. That there is no unnecessary or improper delay in filing the present petition.

• That there are no similar proceedings pending between the parties to the petition in any courts of law except the present one.

• That the marriage was solemnized in ——, New Delhi and the petitioners last resided as husband and wife at  ——      and the petitioners are still residing within the jurisdiction of this Hon’ble Court, as such this    Hon’ble Court has the jurisdiction to try and entertain the present petition.

• That the proper and requisite court fee has been affixed on the petition.

P R A Y E R

         In view of the facts and circumstances and submission made herein above, it is most respectfully prayed that this Hon’ble Court may kindly be pleased to dissolve the marriage between the petitioner No. 1 & 2 by a decree for divorce by mutual consent as provided under section 13(B)(1) of the HMA, in the interest of justice and equity.

Delhi

Dated:                         

         Petitioner No. 1                                                Petitioner No. 2

Through                                 Counsel  

Petition for Divorce by Mutual Consent

This can be mutual divorce petition, this is only for your information and not to use in your any case because content and format can be different as per your area of jurisdiction and your matter so it is only for information you can use.