DIVORCE BY MUTUAL CONSENT - SAMPLE /FORMAT

Application for Divorce Petition

IN THE COURT OF HON’BLE DISTRICT JUDGE, ___________.

HMA Petition No.__________ OF _____


Smt. _________ wife of Shri _________ D/o ___________ R/o __________________.
…PETITIONER

VERSUS


____________ son of Shri _____________ resident of ______________________
…..RESPONDENT


PETITION UNDER SECTION 13 OF THE HINDU MARRIAGE ACT, ______ FOR DISSOLLUTION OF THE MARRIAGE BY A DECREE OF DIVORCE

SIR/Madam
The petitioner respectfully submits as under:-
1- That the petitioner was married with the respondent on ___________ at ______________ according to Hindu rites and ceremonies in the presence of friends, relatives and family members of both the parties. An affidavit to this effect is enclosed herewith the petition.
2- That the status of the parties before the marriage and at the time of filing the present petitioner were/are as under
PETITIONER RESPONDENT
Status Residence Status Residence.
i) Before ___________________ ________________________
Marriage ___________________ ________________________

ii) At the Married -do- Married -do-
time of
filing of this
Petition

3- That after the marriage the petitioner and the respondent lived together as husband and wife and consummated their marriage at the residence of the respondent and out of the said wed lock one child namely ___________ alias __________ was born on ____________.

4- That from the very begining of the marriage the behaviour of the respondent was not good towards petitioner. The respondent is habitual of daily drinking and gambling /Lottery and after drinking the respondent always used to give merciless beatings to the petitioner. The respondent used to spent all his earnings on taking liquor and gambling. The respondent pressurized the petitioner to bring the amount of Rs. ____________/- from her parents and when the petitioner refused to bring the amount then the respondent gave merciless beatings to the petitioner. The parents of the petitioner gave the amount of Rs. _____________/- and Rs. ____________/- to the respondent on two occasions but the respondent did not mend his ways rather he continuously tortured the petitioner to bring more money from her parents. The respondent always taunted the petitioner by giving abusive and unparliamentary language without any cause in the presence of relatives and friends. The life of petitioner became like a hell due to the respondent’s behaviour.

5- That although the parents of the respondent arranged a very decent marriage according to his financial capacity and gave sufficient dowry/ Istri Dhan items, but yet the respondent was very greedy in nature from the very beginning of marriage. The respondent sold away entire jewelries and ornaments of the petitioners on playing lottery and drinking. The respondent committed a lot of cruelties with the petitioner and turned out the petitioner, only due to the reason that the respondent had refused to bring Rs. _____________/- from her parents on ______________. The life of the petitioner has been made like a hell. The respondent threatened that he will not keep and maintain the petitioner till his demands are not fulfilled by her parents.

6- That various panchayats were convened at the house of the respondent and the parents of the petitoner requested the respondent to keep and maintain the petitioner but the respondent clearly refused to keep and maintain the petitioner. The last panchayat was convened on ____________ in the presence of respectable , relatives in which Shri _________________ son of Shri ____________ R/o ____________________ and Shri ___________ son of Shri _____________ R/o House NO. __________________ were also present but the respondent did not agree to keep and maintain the petitioner and the respondent put the condition that he will not keep the petitioner without obtaining the illegal amount of Rs. ______________/-from the parents of the petitioner.

7- That the petitioner bears all type of cruelties because the petitioner wanted to save her married life and do not want to spoil her life. Many times the parents and relatives advised the respondent to get-off to drink and to behave properly but to no use. The petitioner also tried to advise the respondent many times to change his behavior and not to drink but the respondent refused to accept the legitimate requests of the petitioner and the relatives.

8- That the respondent has deserted the petitioner without any reasonable and justifiable cause and rhyme and hence it has become impossible for the petitioner to live more in the company of the respondent therefore, the petitioner is entitled for a decree of divorce on the grounds of cruelties and desertion.

9- That the cause of action to file the present petition accrued to the petitioner many times when the respondent abuses in the filthy language and the petitioner was beaten mercilessly. The cause of action also accrued on ____________ when the respondent turned out the petitioner alongwith her minor daughter. The cause of action further arose on each and every date when the Panchyats were convened and it lastly arose on ______________ when the respondent clearly refused to keep and maintain the petitioner. Hence this petition.

10- That the parties are Hindus by religion.

11- That the present petition has not been by the petitioner filed in collusion with the respondent.

12- That no such petition is pending or has been filed or decided by any court of law on the same subject matter between the same parties.

13- That petitioner has no legal impediments why the relief sought for is not granted to the petitioner.

14- That the petitioner is still residing at __________ the marriage was solemnized at _____________ within the jurisdiction of this hon’ble court therefore, this hon’ble court has got the jurisdiction to entertain and try the present petition.

15- That a fixed court fee has been paid on the petition.

PRAYER:
It is, therefore, prayed that a decree for Divorce Under section 13 of the Hindu Marriage Act, 1955 thereby dissolving their marriage of the petitioner and the respondent on the grounds of cruelty and desertion may kindly be passed in favour of the petitioner and against the respondent along with costs of the petition. It is prayed accordingly.
PETITONER.
Through counsel:
_____________ Advocate, _____________.

VERIFICATON:
Verified that the contents of Paras No.1 to 12 and 14 of the petition are true to best of my knowledge and Paras No. 13 & 15 of the petition are true to best of my belief as information received by me through my counsel. Last Para is the prayer before this hon’ble court.
Verified at ___________ on ___________
PETITONER.

DIVORCE LEGAL NOTICE

___________ RESIDENCE CUM OFFICE
Advocate
Seat No.___, _________

Ref No.________ Dated ____________


LEGAL NOTICE
To,

_______ S/o Shri __________
______________________

Sir,

Under instruction from and on behalf of my client Smt. _________ daughter of Shri __________, resident of _________________, I do hereby serve you with the following notice, the contents of which are set forth herein below :-
1- That you were married with my client about ______ years ago at _____________, according to Hindu rites and ceremonies in the presence of friends, relatives and family members of both the parties.

2- That after the marriage you and my client lived together as husband and wife and cohabited with each other at ___________ and . Out of the said wedlock of my said client and you one son named _____ aged __ years, _____ daughter aged __ years were born.

3- That at the time of solemnization of this marriage the parents of my client had given sufficient dowry articles to you. At the time of marriage you were involved in unsocial activities. You used to consume wine daily and were also involved in gambling. You started adopting cruelties mentally as well as physical upon my client and whenever my client tried to mend your ways then you and your mother mercilessly beat my client.

4- That your attitude towards my client was very rude and indifferent from the very beginning and my client always fulfilled your illegal demands time to time. Your mother always taunted my client and said if she was interested to live in the matrimonial house then she would have to bear all the atrocities and cruelties.

5- That my client was of the opinion that after the birth of children you will improve your acts and behaviour and would leave your bad habits but you did not do so and you and your mother always abused, insulted, maltreated and misbehaved my client. Your mother refused turned out my client time to time from her matrimonial house.

6- That on _____________ you turned out my said client from her matrimonial house in three wearing clothes. You kept the children of my said client in our custody. Since the month of ____________ you and your above said mother are black mailing my client and her family members. You and your family members threatened to my client and her family members threatening my client for dire consequences according and as per directions of mother. You have refused to return the entire dowry articles and jewelaries of my said client. You have deserted my said client and hence my said client is not interested to live in your client. My client is also not interest to take the custody of the minor children from you. It my client would join your company then you would cause her death hence my client wants to dissolve her marriage immediately

I, therefore, call upon you through this legal notice to execute the Divorce Deed and papers etc. dissolving this marriage immediately within a period of 15 days from the date of receipt of this legal notice, failing which my client shall constrained to file appropriate proceedings against you in the court of law and in that event you shall be responsible for all costs, risks and responsibilities which you please note well.

A copy of this legal notice is retained in my office for record and further necessary action.

____________, Advocate, _________