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QN No 13, Petition For Divorce by Mutual Consent

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QUESTION NO: 13

Rita and Rahul were married according the Hindu rites and registered their
marriage in Vadodara in the year 2010. After 2 years owing to differences,
they separated. They have now decided to dissolve their marriage by mutual
consent and hence, draft suitable petition for divorce by mutual consent.
Please provide relevant legal provisions and section numbers applicable.

BEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT VADODARA

HINDU MARRIAGE ACT, PETITION No. H1B OF 2013


IN THE MATTER OF:
Mr .Rahul, S/O XYZ PETITIONER NO.1
(Address)
AND
Ms. Rita, W/O Rahul PETITIONER
NOS.2
(Address)

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


1955 FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT

MOST RESPECTFULLY SHOWETH:

1. That the espousement between the parties was solemnized on 1/5/2010 at 10:45 pm ,
by Hindu rites and ceremonies. The verbalized espousement was consummated
thereafter and the parties co-habited as husband and wife at the matrimonial home i.e.
Halol. The specifics showing the subtleties of the parties to the present petition is
given here under:-

HUSBAND
BEFORE MARRIAGE
24 yrs (Address Status)

AFTER MARRIAGE
27 yrs (Address Status)

WIFE
BEFORE MARRIAGE
22yrs (Address status)

AFTER MARRIAGE
25yrs (Address Status)
2. That after solemnization of marriage, the parties lived respectively as a couple at
Akota. Tragically, after marriage, the two of them understood that there are not
serious contrasts in their mentality and living style, which made no similarity. Thusly,
both the parties to the request separated their organization from one another since 25th
September 2012.

3. That the parties couldn't change with one another because of unpredictable contrasts
and their marriage has separated hopelessly and it is currently unrealistic between the
parties to live as a couple any longer.

4. And that there is one boy name Ryan , 1 yrs age out of the wedlock of the parties.
The parties mutually agreed to give custody of the child to Husband.

5. That all the endeavors of compromise between the parties to proceed with the current
marriage have fizzled and there are no further odds of compromise between the
parties any longer.

6. That the parties are dwelling independently since 2 years and there is no living
together between the parties from that point forward.

7. That the parties have realized there is no chance to reconcile the differences on any
matter, and have conclusively decided to part with by initiating proceedings seeking
divorce by way of mutual consent and the present petition is not being filed in
collusion.

8. That the parties have settled every one of their claims counterclaims and so on and the
respondent spouse has gotten her whole Stridhan, Permanent alimony, upkeep and so
on furthermore, there is no due with respect to some other case between the
gatherings now.
9. That there are no other divorce proceedings pending before any other court.

10. That the matrimonial home of the parties was at Halol 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 consciously asked that the court may acknowledge the current request and
award an announcement of divorce between the petitioners consequently, dissolving the
marriage between the gatherings. Whatever other request which the court may consider
fit and legitimate in current realities and conditions of the current case be likewise passed
for the petitioners.

VERIFICATION

Verified that the contents of para nos. 1 to 11 are true and redress to my cognizance, I
being acquainted with the facts of the case and the contents of paras being licit
submissions are believed to be true on the exhortation of counsel. No part of it is
erroneous and nothing germane has been kept concealed there from.

PLACE:

DATE:

PETITIONER 1:
PETITITONER 2:

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