Petition for Divorce by Mutual Consent

In the Court of the
MC. No of 2010

Between:

WB……First Petitioner
And
AB…….Second Petitioner

Application under section 13B of the Hindu Marriage Act of 1955 

The petitioners above-named beg to state as follows:
1. The address of the petitioners for the service of all notices and process is that of their advocates and Mr………
2. The first petitioner and the second petitioner are wife and husband respectively having been married at………..on the…………..and the said marriage is still subsisting. The marriage was performed in accordance with Hindu Vedic Rites. A copy of the marriage invitation is filed herewith and marked 'A'. There are no children by the marriage.
3. The first petitioner and the second petitioner after the marriage lived and resided at…………..and elsewhere and finally at………………at the address of the petitioner given above, whence they separated on the…………
4. Soon after the marriage owing to differences in temperament, habits, tastes, thoughts, and increasing incompatibility, the relationship between the first petitioner and the second petitioner deteriorated. Frequent quarrels resulted as between them with several reconciliations which did not, however, last for any length of time. Finally, after a very serious quarrel and in order to avoid further deterioration in relationship which might reflect on their families and friends, the first petitioner and the second petitioner out of free will and accord separated on the……..never to return to each other. The petitioners, therefore, finally separated owing to irreconcilable differences in habits and temperament on the…………….within the jurisdiction of this Hon'ble Court.
5. Further efforts and attempts were made by mutual friends and acquaintances to effect a reconciliation and for a resumption of the marital relationship but it has not been possible owing to the vital differences in temperament and total incompatibility giving rise to invincible repugnance which had rendered normal married life impracticable and impossible and fraught with dangerous adverse physical and mental consequences.
6. The first petitioner states that she and the second petitioner have been separated and living apart for more than two years and the duration of cohabitation prior thereto was not in any case for much more than a year.
7. In the circumstances the first petitioner and second petitioner have mutually agreed and decided that there is no point for the continuance of the marital relationship and have further agreed upon the dissolution of the marriage tie by a decree of divorce.
8. The petitioners state and submit that in the circumstances aforesaid it is therefore desirable and necessary that the marriage should be dissolved in the mutual interests of the parties, there being no chance of reconciliation.
9. The cause of action for this petition arose on the…………when the first and the second petitioner were married and on the………….within the jurisdiction of this Hon'ble Court when the first petitioner and the second petitioner finally agreed to separate with the departure of the second petitioner.
10. A court-fee of Rs………..is paid under………….of the……………Both the first and the second petitioner state that there is no impediment to the dissolution of the marriage and the decision to separate and apply for a divorce has been arrived at after such consideration and after having given the utmost importance to all aspects of the case. The first and the second petitioner therefore pray that this Hon'ble Court be pleased to pass a decree declaring the marriage solemnised between the first and the second petitioner under the Hindu Vedic Rites on……….. be dissolved and for such other reliefs as this Hon'ble Court may deem fit.
First Petitioner……….
Second Petitioner………
Verification
I, WB wife of AB aged about…………….years residing at………..do hereby solemnly affirm and say as follows:
I am the petitioner 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 13 are true to my knowledge and belief.
I sign this verification on this……………day of…………….at the Court House at………….
Signature of WB
Before me                                                                        Signature of                  Advocate
Notary

I, AB son of XY aged about…………..years residing at………………….do hereby solemnly affirm and say as follows:
I am the petitioner 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 13 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