HIDAYATULLAH NATIONAL LAW UNIVERSITY

PETITION FOR MUTUAL DIVORCE

SUBMITTED TO-

Dr. Parvesh Kumar Rajput

SUBMITTED BY-

ASHISH MITTAL

ROLL NO – 37

SECTION – B

SEM – VIII

SUBMISSION DATE – 18.03.2019

B.A, L.L.B(Hons.)

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 DECLARATION

I, Ashish Mittal, hereby declare that the project entitled “Petition for Mutual Divorce”
submitted to Hidayatullah National Law University is purely an original work of my sincere
and dedicated efforts under the guidance of Dr. Parvesh Kumar Rajput.

Date: 18-03-2019 Ashish Mittal

Place-Raipur Roll no.: 37

Semester VIII

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 ACKNOWLEDGEMENT

I feel highly elated to work on this dynamic topic on “PETITION FOR MUTUAL DIVORCE”
As this topic drew my attention and so I was attracted to select this as a project topic.

The practical realization of this project has obligated the guidance of many persons. I express
my deepest regard for our faculty Dr. Parvesh Rajput. His consistent supervision, constant
inspiration and invaluable guidance and suggestions have been of immense help in carrying out
the project work with success.

I extend my heartfelt thanks to my family and friends for their moral support and
encouragement.

Ashish Mittal

Roll no – 37

Section – B

Semester – VIII

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 TABLE OF CONTENTS

1. RESEARCH METHODOLOGY 4

2. INTRODUCTION 5

3. REQUIREMENTS OF DIVORCE BY MUTUAL CONSENT 6

4. DRAFT CASE 7

5. PETITION OF DIVORCE BY MUTUAL CONSENT 8

6. AFFIDAVIT 12

7. BIBLIOGRAPHY 14

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 RESEARCH METHODOLOGY

This project is descriptive, analytical and doctrinal in approach. It is largely based on

secondary sources. Books and other references are primarily helpful for the completion of this
project.

For the present project relevant data and information has been received and collected from
secondary sources and there has been use of authentic books and websites which provided
reliable information and data.

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 INTRODUCTION

Divorce by mutual consent provides an opportunity of amicable resolution of disputes between

parties and saves time and money. A dissolution of marriage process may eliminate much of
the divorce process and expense. Unlike a divorce, fault grounds are not at issue. Dissolution
is often thought of as no-fault divorce. The requirements as provided under section 13B1 are
that before filing a joint petition for divorce, parties must be living separately for a period of at
least one year. Living separately does not necessarily connotes physical separation, what is
essential is that parties are not fulfilling marital obligations and not living as husband and wife.
The second requirement is that the parties have not been able to live together. The fact that
both the parties have filed a joint petition by mutual consent is indicative of the face that
parties have not been able to live together. Only thing that is important is that the consent has
been obtained freely and not by way of force, fraud or undue influence as the whole purpose of
mutual consent will be vitiated if consent is not free. After parties have filed a joint petition for
divorce fulfilling all the requisite conditions, they are given a time period of six months and not
more than eighteen months after which they have to file a second motion and courts after
hearing the parties and scrutinising the averments in the petition pass a decree of divorce.

REQUIREMENTS OF DIVORCE BY MUTUAL CONSENT

Divorce by mutual consent is addressed under S. 13 B of the Hindu Marriage Act, 1955 and
Section 28 of the Special Marriage Act, 1954. For parties to seek divorce by mutual consent,
they must be living separately for a period of at least one year, and must resolve towards the
end of the marriage. They must not be performing marital obligations – physical separation is
not a criteria. The marriage must be beyond reconciliation, and presenting a petition for
divorce together does not indicate amicability. Consent, however, must be free. If after 6
months the petition is not withdrawn, the parties may move the court within 18 months, after
which the Court may grant the divorce.

1
under S. 13 B of the Hindu Marriage Act, 1955

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The requirements which have to be met to seek divorce under Hindu Marriage Act are as
follows:

1. The parties have been living separately for a period of at least one year
2. They have not been able to live together, and
3. They have mutually agreed that marriage should be resolved. 2
4. Petition for dissolution of marriage by a decree of divorce by mutual consent may be
presented to the family court of the district by both the parties to a marriage together,
whether such marriage was solemnized before or after the commencement of the
Marriage Laws (amendment) Act,1976, on the ground that they have been living
separately for a period of one year or more, that they have not been able to live together
and that they have mutually agreed that the marriage should be dissolved.
5. Essential ingredient of the petition:
6. To get a decree of divorce by mutual consent, the following conditions must be
satisfied.
(i) marriage having been solemnised between the parties;
(ii) the parties have been living separately for more than a year before presenting the
petition;
(iii) they were not able to live together at the time of presenting the petition and
continue to live apart;
(iv) they had mutually agreed to dissolve the marriage before or at the time the petition
was presented;
(v) the averments made in the petition are true and condition under section 23 are
fulfilled;
(vi) the consent of other party was not being obtained by force, fraud or undue
influence;
(vii) there is no collusion between the parties;
(viii) both the party to the petition are Hindu; and

2
Paras Diwan, Law of Marriage & Divorce (5th, Universal Law Publishing Co., New Delhi 2008) 525

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 (viiii) there is no petition pending in any court of India regarding this marriage, if
pending give detail.

DRAFT CASE:

In the hypothetical case taken by project maker, Mrs. Ritu Madhvan, aged 38 years is the
legally wedded wife of Mr. Siddharth Madhvan, aged 40 years according to hindu rites and
ceremonies which took place on 17th November, 2005. They have two kids, Shikhar and
Namita. All are residents of Raipur. There are certain problems between wife and husband in
cohabitation. Hence wife files petition for dissolution of marriage by common consent.

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 PETITION OF DIVORCE BY MUTUAL CONSENT

In the Family Court, Raipur

Case No. 510 of 2019

Smt. Ritu Madhvan

Wife of Siddharth Madhvan

Daughter of Omkar Nath Chandra

Aged 38 years, residing at 306, Vijeta complex, New Rajendra Nagar, Raipur …Petitioner

Versus

Mr. Siddharth Madhvan,

Son of Murali Madhvan

Aged 40 years

Residing at 123, boriya road, santoshi nagar, post sundar nagar, Raipur

Carrying on business of catering at Madhvan Caterers, Raipur …Respondent

In the matter of dissolution of marriage under Section 13B of the Hindu Marriage Act, 1955:
And

In the matter of the Family Courts Act, 1954; And

In the matter of Dissolution of the marriage of Petitioner with the Respondent with mutual
consent.

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The petitioner most respectfully submits as under-

1. That, the parties to this present petition are both by religion and faith Hindus and they were
married per Hindu rites/customs at Raipur on 17th November 2005 and the said marriage is
still existing. They are of age above 21 years.

2. The, parties ever since the marriage did not pull on together being of different tastes, habits,
ideas, and bearing and so being completely different nature and temperament and could never
adjust themselves even for some days and so had no love nor heart for each other and there are
not going to reconcile between them in future.

3. That, the parties last lived/cohabited at Raipur within the jurisdiction of this court when
Petitioner, Ritu Madhvan of own and out of free will/accord broke the matrimonial home and
withdrew herself from the company of said Respondent, Siddharth Madhvan with all her
personal belongings and since then she has been residing and living at her father's house and
is undesired any with any wish for uniting with her husband.

4. That, except as hereunder stated there were no other proceedings between parties.

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

6. That, there is every legal ground in granting the relief.

7. That, the petitioners have agreed that they cannot live together as husband and wife and
both have agreed to dissolve the said marriage by decree of divorce.

8. That, parties have agreed in regards to the custody, maintenance and education of their
children named below-
(a) Namita Madhvan, 5 years
(b) Shikhar Madhvan, 8 years

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9. That both the parties consented for this petition at their own free will and under no one's
pressure.

10. That there is no collusion between the parties

11. That before this petition, no petition or suit was filed either of the petitioner or any is
pending before any competent court in India.

12. That the cause of action for the joint petition arose on 2nd February 2019 after a long series
of quarrels when the parties realised they can never live together as husband and wife and
petitioner No.2 left the house with the intention of never to return and both have agreed to
dissolve the marriage and they signed the divorce petition both their free will.

13. That the parties to the marriage married at Raipur and petitioner also residing at Raipur
after separation from the husband within the jurisdiction of this honourable court, hence
this honourable court has jurisdiction to listen and decide the case.

14. That the suit has been valued at Rs. 10,000. and the proper court fees has been duly paid.

Your petitioner, hence pray for a Decree of dissolution of marriage by mutual consent under
section 13B of the Hindu Marriage Act 1955 and also Orders be made as to this Learned
Court may deem proper and fit.

The Petitioner therefore prays:

• That this Hon’ble Court be pleased to decree a dissolution of the said marriage between
the Petitioner and the Respondent.

• That the Petitioner be granted alimony @ Rs.20,000 /- (Rs. Twenty thousand only) per
month;

• That the Respondent be ordered and decreed to pay to the Petitioner the costs of this
Petition; and

• That pending the hearing and final disposal of this petition, the Respondent be directed to
provide the Petitioner with a monthly allowance of Rs. 10,000/- (Ten thousand) to meet
her personal expenses and the expenses of running the matrimonial home;

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 • For such further and other reliefs as the nature and circumstances of the case may require.

Signature of Petitioner

VERIFICATION

I, Ritu Madhvan, Daughter of Omkar Nath Chandra, aged about 38 years residing at Raipur 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. I do hereby solemnly declare and say that what is contained in
paragraphs 1 to 12 is true to my knowledge and that what is state in paragraphs 13 to 14 is
stated on legal advice and I believe the same to be true.
I sign this verification on this 17th day of March 2019 at the Family Court at Raipur.

Date: 17th March,2019 Signature of Ritu (Petitioner)

Place: Raipur

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 AFFIDAVIT

In the Family Court, Raipur

Case No. 510 of 2019

Smt. Ritu Madhvan

Wife of Siddharth Madhvan

Daughter of Omkar Nath Chandra

Aged 38 years, residing at 306, Vijeta complex, New Rajendra Nagar, Raipur …Petitioner

Versus

Mr. Siddharth Madhvan,

Son of Murali Madhvan

Aged 40 years

Residing at 123, boriya road, santoshi nagar, post sundar nagar, Raipur

Carrying on business of catering at Madhvan Caterers, Raipur …Respondent

AFFIDAVIT

I, Ritu Madhvan, D/o Omakar Nath Chandra, Aged about 38 years, resident of 306,
Vijeta complex, New Rajendra Nagar, Raipur, do hereby take oath and state on solemn
affirmation as under:

1. That, I am Petitioner in the present petition and well conversant with the facts of the
case and competent to swear affidavit on oath and the contents of the petition may be
read as part and parcel of this affidavit.

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 2. I say and submit that, this petition has been filed under my instructions; I have gone
through the same and have understood the contents of the same. I say and submit that
the statements of facts appearing in paragraphs 1 to 14 are true and correct to best of
my knowledge and believed to be true by me.

DEPONENT

VERIFICATION

I, Ritu Madhvan, the above named deponent do hereby verify the contents of forgoing
affidavit from paragraphs 1 to 2 and true and correct to my personal knowledge and belief.

Hence, verified and signed on 17th March, 2019 at Raipur.

DEPONENT

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 BIBLIOGRAPHY

BOOKS REFERRED

1. Paras Diwan, Law of Marriage & Divorce (5th, Universal Law Publishing Co., New
Delhi 2008) 525
2. Hindu Marriage Act, 1955(25 of 1955), Universal Law Publishing Co., New Delhi,
2012

WEBSITES REFERRED-

1. http://www.advocatekhoj.com/library/agreements/familylaw/10.php
2. https://sites.google.com/site/lawofwomen/different-types-petitition/petition-for-
divorce-by-mutual-consent
3. https://simranlaw.com/sample-mutual-consent-divorce-petition/

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