A 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 their 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.