Petition of Divorce by Mutual Consent


Petition of Divorce by Mutual Consent

(Another Form)

In the City Civil Court at Calcutta

Matrimonial Suit No. …………… of 2000

In the matter of Hindu Marriage Act 1955 (Act 25 of 1955)

And

In the matter of section 13B of the said Act

And

In the matter of ……………… son of …… of …………Husband

And

Sm. …………………… wife of the said …………………  and

daughter of ………… of ……………………

Petition for a decree for dissolution

of marriage by mutual consent under

section 13B of the Hindu Marriage Act (Act 25 of 1955).

The humble petition of the said …..……

Most Respectfully Sheweth:

1. That the parties to this present petition are both by faith and religion Hindus and they were married according to Hindu rites and customs at ………… on …………… and the said marriage is still subsisting. They are of age above 21 years.

2. That the status and place of residence of the parties to the marriage before the marriage and at the time of filing the petition were and are as follows:

Husband Wife
Status Place of residence Status

Place of residence
Bachelor Spinster

At the time of presenting this petition Married Married

3. The parties ever since the marriage did not pull on together being of different ideas, habits, tastes, and thoughts and so being completely of different temperament and nature did not and could never adjust themselves even for a few days and so had no heart nor love for each other and there is no chance of reconciliation between them in future.

4. That the parties last lived and cohabited at No. …………… within the jurisdiction of this court when your petitioner ………… for reasons of her own and out of free will and accord broke the matrimonial home and withdrew herself from the society of the said ………… with all her personal belongings and since then she has been living and residing at her father’s place and has no desire nor any wish for any union with the husband.

5. That save as hereunder mentioned there was no other proceedings between the parties particulars whereof are given below:

Number and year           Name of the parties                  Date of                            Remarks

of the case                                                                decision

6. That the above petition is bona fide and not presented in collusion between the parties.

7. That there has not been any unnecessary or improper delay presenting this petition.

8. That there is no legal grounds why the relief should not be granted.

Your petitioners therefore pray for a Decree of dissolution of marriage by mutual consent under section 13B of the Hindu Marriage Act 1955 and further and other Orders be made as to this Learned Court may deem fit and proper. And your petitioners as in duty bound shall ever pray.

Verification

I, AB, son of …………… aged about ………… years residing at ……… do hereby solemnly affirm and say as follows:

I am the petitioner No. 1 above-named and I know and I have made myself acquainted with the facts and circumstances of this case.

The statements in paragraphs 1 to 8 are true to my knowledge and belief.

I sign this verification on this ………….… day of ………….……… at the Court House
at ……………………

Signature of AB

Before me                                                                     Signature of             Advocate

Notary

Verification

I, CD, wife of AB daughter of X, aged about ………… years by occupation housewife residing at ……… do hereby solemnly affirm and say as follows:

I am the petitioner No. 2 above-named. I know and I have made myself acquainted with the facts and circumstances of this case.

The statements in paragraphs 1 to 8 of the petition hereinabove are true to my knowledge and belief.

I sign this verification on this ………… day of …………… at the Court House at …………… .

Signature of CD

Before me                                                                                                                                                                    Signature of      Advocate

Notary