Assignment No 3
Sonali was married to Manoj in accordance with Hindu rites and ceremonies on 11 May 2018
at
Delhi. Sonali left the matrimonial home sometime in July 2019 as it had become almost
impossible for her to live with the husband. The parties have been living separately since then.
They want a divorce by mutual consent. Draft an appropriate petition for them.
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..), DELHI
HMA PETITION NO. _______ OF 2017
IN THE MATTER OF:
SONALI … PETITIONER NO. 1
AND
MANOJ … PETITIONER NO. 2
PETITION FOR DISSOLUTION OF MARRIAGE
BY A DECREE OF DIVORCE BY MUTUAL CONSENT UNDER
SECTION 13-B(1) OF THE HINDU MARRIAGE ACT, 1955
(NO. 25 TO 1955)
Most Respectfully showeth:
1. That a marriage was solemnized between the parties according to Hindu rites and
ceremonies on 11 May,2018 at Delhi. A certified copy of the relevant extract from the Hindu
Marriage Register is filed herewith. An affidavit, duly attested stating these facts is filed herewith.
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 as follows:
Husband Wife
Status Age Place of Status Age Place of
Residence Residence
(i) Before marriage
(ii) At the time of
filling the petition
(Whether a party is a Hindu by religion or not is as part of his or her status).
3. (In this paragraph state the place where the parties to the marriage last resided together and the
names of the children, if any, of the marriage together with their sex, dates of birth or ages.)
4. That the parties to the petition have been living separately since July 2019 and have not been
able to live together since then.
5. That the parties to the petition have mutually agreed that their marriage should be dissolved.
6. That the mutual consent has not been obtained by force, fraud or undue influence.
7. That the petition is not presented in collusion.
8. That there has not been any unnecessary or improper delay in instituting the proceedings.
9. That there is no other legal ground why relief should not be granted.
10. That the petitioners submit that this Court has jurisdiction to entertain this petition.
PRAYER
In view of the above facts and circumstances, it is, therefore, most respectfully and humbly
prayed that this Hon’ble Court may be pleased to grant a decree of divorce on mutual consent
thereby dissolving the marriage between petitioner No. 1 and Petitioner No. 2 on the ground of
mutual consent.
PETITIONER NO. 1
PETITIONER NO.2
VERIFICATION
The above named petitioner states on solemn affirmation that paras 1 to 4 .of the petition are true
to the petitioner’s knowledge and paras 5 to 10 are true to the petitioner‟s information received
and believed to be true by him/her.
Verified at_________________(Place)
Dated 14-10-2020
PETITIONER NO. 1
PETITIONER NO. 2
[Note : An affidavits of petitioners is to be appended]
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