Petition Of Divorce By Mutual Consent Marriage Act 1778 - Legal Draft

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
............. O f ............. Husband
And
Sm ...... wife of the said
........... and daughter of ..........
O f .............
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 custo ms at .... on .... \\ .... and the said marriage is still subsisting. They are of age above 21 years.

	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 of the case
Name of the parties
Date of decision
Remarks

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.

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

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