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Petition Under Section 13 (1) (I-B) of The Hma For Dissolution of Marriage by Mutual Consent

This document is a petition for dissolution of marriage by mutual consent filed with the Family Court. It provides details of the petitioners, including their ages, addresses, and marital status before and after marriage. It states there are no children from the marriage. It asserts the marriage has irretrievably broken down due to temperamental differences and the parties can no longer live as husband and wife. Despite efforts at reconciliation, the parties have been living separately and wish to legally dissolve the marriage through a decree of divorce with mutual consent.
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100% found this document useful (2 votes)
4K views2 pages

Petition Under Section 13 (1) (I-B) of The Hma For Dissolution of Marriage by Mutual Consent

This document is a petition for dissolution of marriage by mutual consent filed with the Family Court. It provides details of the petitioners, including their ages, addresses, and marital status before and after marriage. It states there are no children from the marriage. It asserts the marriage has irretrievably broken down due to temperamental differences and the parties can no longer live as husband and wife. Despite efforts at reconciliation, the parties have been living separately and wish to legally dissolve the marriage through a decree of divorce with mutual consent.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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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

PETITION UNDER SECTION 13 (1) (I-B) OF THE HMA FOR DISSOLUTION OF


MARRIAGE BY MUTUAL CONSENT

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. The marriage between the parties was solemnized on ———at ————-, by Hindu rites
and ceremonies. The said marriage was consummated thereafter and the parties lived as
husband and wife at the matrimonial home i.e. ————————-. The particulars
showing the details of the parties to the present petition is given here under:

HUSBAND

BEFORE MARRIAGE

Age Address Status

HUSBAND

AFTER MARRIAGE

Age Address Status

WIFE

BEFORE MARRIAGE

Age Address Status

AFTER MARRIAGE

Age Address Status

2. That there is no child born out of the wedlock of the parties. (or describe the name age
and date of birth of the children and also describe the agreement about the custody of the
children between the couple specifically in the Mutual Divorce Petition Draft).

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. (Seek specific legal advice on the issue as it varies for
Hindus and Christians then mention it in Mutual Divorce Petition Draft)

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. ( Seek
online legal service for the drafting of the mutual divorce agreement which regulates the
entire terms and conditions of mutual divorce)

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.

12. That the terms and conditions between the parties are contained in the MOU signed and
executed between the parties which are being attached as a part of the present petition and
the parties undertake to comply with the same.

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

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