Mutual Consent Divorce Legal Procedure Cost and Time Steps in India

भारत में आपसी सहमति से तलाक कानूनी प्रक्रिया लागत और समय कदम

Legal Process Fees and Time Frames for Mutual Consent Divorce in India:

भारत में आपसी सहमति से तलाक के लिए कानूनी प्रक्रिया लागत और समय कदम:

पारस्परिक तलाक दाखिल करने से पहले महत्वपूर्ण शर्तें

Crucial Requirements before initiating a Mutual divorce

• Living Apart For At Least A Year: The male and female partners need to live apart for a minimum of a year. They must demonstrate in court that they have been living apart and not exercising their marital rights for a minimum of a year. • (कम से कम 1 वर्ष तक अलग रहना: पुरुष और महिला दोनों भागीदारों को कम से कम 1 वर्ष तक अलग रहना होगा। उन्हें अदालत में खुद को साबित करना होगा कि वे अलग रह रहे हैं और कम से कम एक साल से अपने वैवाहिक अधिकारों का उपयोग नहीं कर रहे हैं।)

 

• There Can Be No Adjustment: They have attempted every arrangement possible to coexist. However, they have come to the realization that no adjustment is conceivable and they cannot coexist. (• कोई समायोजन संभव नहीं है: उन्होंने साथ रहने के सभी तरीके आज़माए हैं। लेकिन उन्हें एहसास हो गया है कि वे एक साथ रहने में असमर्थ हैं और कोई समायोजन संभव नहीं है।)

 

• Consent from both partners: For a couple to separate, both parties’ consent is required. It is necessary for both parties to be prepared to part ways. (• दोनों साझेदारों की स्वीकृति: साझेदारों के अलग होने के लिए दोनों साझेदारों की स्वीकृति महत्वपूर्ण है। दोनों पार्टनर्स को एक-दूसरे से अलग होने के लिए तैयार रहना चाहिए)

 

Before pursuing a divorce by mutual consent, couples must take into account and satisfy a number of crucial requirements.

Depending on the jurisdiction, these requirements could differ slightly, but often consist of the following:

आपसी सहमति से तलाक लेने से पहले, जोड़ों को कई महत्वपूर्ण आवश्यकताओं को ध्यान में रखना चाहिए और उन्हें पूरा करना चाहिए। अधिकार क्षेत्र के आधार पर, ये आवश्यकताएँ थोड़ी भिन्न हो सकती हैं, लेकिन अक्सर इनमें निम्नलिखित शामिल होती हैं

1. Separation Period: Prior to filing for a divorce by mutual consent, there may be a requirement in many jurisdictions for a certain amount of time. The need that spouses have lived apart for a certain amount of time usually lasts between one and two years, depending on local regulations. (पृथक्करण अवधि: आपसी सहमति से तलाक के लिए आवेदन करने से पहले, कई न्यायालयों में एक निश्चित समय की आवश्यकता हो सकती है। स्थानीय नियमों के आधार पर, पति-पत्नी को एक निश्चित समय के लिए अलग रहने की आवश्यकता आमतौर पर एक से दो साल के बीच रहती है।)

2. Mutual consent: is required in order to dissolve the union and initiate divorce proceedings. It might not be possible to have a divorce by mutual consent if there is any disagreement or contestant. (आपसी सहमति: संघ को भंग करने और तलाक की कार्यवाही शुरू करने के लिए आवश्यक है। यदि कोई असहमति या विवाद हो तो आपसी सहमति से तलाक लेना संभव नहीं होगा।)

3. No Coercion or Undue Influence: Neither spouse should be able to compel the other to pursue a mutual consent divorce; instead, the decision to do so should be made voluntarily. (कोई जबरदस्ती या अनुचित प्रभाव नहीं: किसी भी पति या पत्नी को आपसी सहमति से तलाक लेने के लिए दूसरे को मजबूर नहीं करना चाहिए; इसके बजाय, ऐसा करने का निर्णय स्वेच्छा से किया जाना चाहिए।)

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4. No Pending Legal Cases: There shouldn’t be any more pending legal cases or disagreements between the partners, particularly ones that are marriage-related like situations involving domestic abuse or property issues. (कोई लंबित कानूनी मामला नहीं: साझेदारों के बीच अब कोई कानूनी मामला या असहमति लंबित नहीं होनी चाहिए, विशेष रूप से वे जो विवाह से संबंधित हों जैसे घरेलू दुर्व्यवहार या संपत्ति के मुद्दे से जुड़ी स्थितियां।)

5. Settlement Agreement: The parties need to come to a mutual understanding on significant matters like child support, visitation rights, custody, alimony, and the allocation of assets and debts. An essential component of the divorce application is this agreement. (निपटान समझौता: पार्टियों को बच्चे के समर्थन, मुलाक़ात के अधिकार, हिरासत, गुजारा भत्ता और संपत्ति और ऋण के आवंटन जैसे महत्वपूर्ण मामलों पर आपसी समझ बनाने की आवश्यकता है। तलाक के आवेदन का एक अनिवार्य घटक यह समझौता है।)

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6. Counseling/Mediation (if necessary): In certain countries, counseling or mediation may be mandated or suggested as a means of ensuring that both parties have thought about reconciliation and are fully aware of the ramifications of divorce, particularly in cases where children are involved. (परामर्श/मध्यस्थता (यदि आवश्यक हो): कुछ देशों में, यह सुनिश्चित करने के साधन के रूप में परामर्श या मध्यस्थता अनिवार्य या सुझाई जा सकती है कि दोनों पक्षों ने सुलह के बारे में सोचा है और तलाक के प्रभावों के बारे में पूरी तरह से अवगत हैं, खासकर उन मामलों में जहां बच्चे हैं शामिल। )

7. Documentation: The marriage certificate, evidence of living apart for the required amount of time, photos, and any other paperwork requested by the court must all be gathered and submitted by both spouses.( दस्तावेज़ीकरण: विवाह प्रमाण पत्र, आवश्यक समय के लिए अलग रहने का सबूत, तस्वीरें, और अदालत द्वारा अनुरोधित कोई भी अन्य कागजी कार्रवाई दोनों पति-पत्नी द्वारा एकत्र और प्रस्तुत की जानी चाहिए।)

8. Court Appearance: Typically, both spouses must show up in person for the filing process and the final hearing. The judge may interrogate them to confirm their awareness of the terms of the divorce and their mutual assent. (अदालत में उपस्थिति: आमतौर पर, दोनों पति-पत्नी को फाइलिंग प्रक्रिया और अंतिम सुनवाई के लिए व्यक्तिगत रूप से उपस्थित होना होगा। न्यायाधीश तलाक की शर्तों और उनकी आपसी सहमति के बारे में उनकी जागरूकता की पुष्टि करने के लिए उनसे पूछताछ कर सकते हैं।)

 

9. Consent Affidavit: This document, which states that both parties are willing to divorce and agree to all terms and circumstances, may need to be signed by both spouses. ( सहमति शपथ पत्र: यह दस्तावेज़, जो बताता है कि दोनों पक्ष तलाक के लिए इच्छुक हैं और सभी नियमों और परिस्थितियों से सहमत हैं, दोनों पति-पत्नी द्वारा हस्ताक्षर किए जाने की आवश्यकता हो सकती है।)

 

10. Best Interests of the Child: If there are any children involved, their welfare, including matters of financial support, visitation, and custody, must be taken into consideration in the settlement agreement. The child’s best interests will be taken into account by the court.( बच्चे के सर्वोत्तम हित: यदि इसमें कोई बच्चा शामिल है, तो निपटान समझौते में वित्तीय सहायता, मुलाक़ात और हिरासत के मामलों सहित उनके कल्याण को ध्यान में रखा जाना चाहिए। न्यायालय द्वारा बच्चे के सर्वोत्तम हितों को ध्यान में रखा जाएगा।)

 

Divorce laws can differ; therefore it’s important to speak with a family law expert to learn about the particulars of your state. Getting legal counsel guarantees that all requirements are met and the divorce procedure runs smoothly. (तलाक के कानून अलग-अलग हो सकते हैं; इसलिए अपने राज्य की विशिष्टताओं के बारे में जानने के लिए पारिवारिक कानून विशेषज्ञ से बात करना महत्वपूर्ण है। कानूनी सलाह लेने से यह गारंटी मिलती है कि सभी आवश्यकताएं पूरी हो गई हैं और तलाक की प्रक्रिया सुचारू रूप से चलती है।)

Difference between a Contested Divorce and a Divorce by Mutual Consent is organized into paragraphs and includes:(विवादित तलाक और आपसी सहमति से तलाक के बीच अंतर को पैराग्राफ में व्यवस्थित किया गया है और इसमें शामिल हैं:)

 

1. Divorce grounds: In a divorce by Mutual Consent, the parties decide to dissolve their union peacefully, usually on the grounds that they want to live apart for a certain amount of time. Conversely, in a Contested Divorce, one partner files for divorce on certain grounds—like infidelity, cruelty, or abandonment—which the other partner may dispute.

 

2. Collaboration versus Disagreement: In a Mutual Consent divorce, the parties cooperate with one another in order to resolve matters such as asset distribution, child custody, and alimony after agreeing to end the marriage. Contrarily, Contentious Divorces are more likely to result in friction and legal fights between spouses who may differ on a number of issues, making the process more hostile.

 

3. Legal Costs: Because both parties collaborate, there are typically fewer court and legal expenses associated with a Mutual Consent divorce. Because of the longer court appearances and attorney hours associated with contested divorces, which are marked by protracted legal proceedings and negotiations, higher legal costs are frequently the consequence.

 

4. Length of the Process: Divorces by Mutual Consent are typically quicker, using a simplified procedure that might take anywhere from six to eighteen months, including required waiting times. Contested divorces can result in longer-lasting legal proceedings, often taking several years, due to court hearings, discovery procedures, and negotiations.

 

5. Court Procedures: Both spouses jointly file the petition and appear in court for a final hearing in mutual consent divorces, which need fewer court appearances. Court procedures are more involved in contentious divorces; each side presents their case to the judge during hearings, depositions, and legal arguments.

 

6. Mediation and therapy: In order to settle disputes in contentious divorces, several countries may mandate mediation or therapy. Such interventions are less prevalent in divorces involving mutual consent because the parties have already come to an arrangement.

 

7. Support and Custody of Children: Divorces based on mutual consent frequently lead to more cooperative child custody agreements since both spouses collaborate to create a parenting plan. Child custody disputes can arise in contentious divorces; the child’s best interests will be taken into consideration by the court when making custody decisions.

 

8. Settlement Agreement: In cases of mutual consent divorce, the parties must create a settlement agreement defining provisions pertaining to child support, property partition, and other issues. The terms of contentious divorces are usually set by the judge, who may need to step in to resolve disagreements.

 

9. Emotional Impact: Since both parties consent to the conditions of the divorce, mutual consent divorces typically have a reduced emotional impact. The spouses and any children involved may experience emotional exhaustion during contested divorces, which are characterized by conflict and dispute.

 

10. Finality and Appeal: Since both parties voluntarily consented to the terms, mutual consent divorce decrees are typically final and less likely to be challenged. The possibility of appeals in contested divorces may be higher, which would prolong the court proceedings.

 

It can be difficult to navigate the complexity of divorce; therefore, it is advised that you seek legal counsel to secure a peaceful and equitable settlement. Seek legal counsel from a family law specialist to comprehend the particular consequences inside your jurisdiction.

In order to finalize the legal procedure of a mutual divorce, both spouses usually need to furnish specific personal documents. To guarantee compliance with local legislation, it is imperative to speak with a family law professional in your area as the specific documents required may differ depending on the jurisdiction. But in general, the following personal records are typically needed for an amicable divorce:

आपसी तलाक की कानूनी प्रक्रिया को अंतिम रूप देने के लिए, दोनों पति-पत्नी को आमतौर पर विशिष्ट व्यक्तिगत दस्तावेज़ प्रस्तुत करने की आवश्यकता होती है। स्थानीय कानून के अनुपालन की गारंटी के लिए, अपने क्षेत्र के पारिवारिक कानून पेशेवर से बात करना अनिवार्य है क्योंकि आवश्यक विशिष्ट दस्तावेज़ क्षेत्राधिकार के आधार पर भिन्न हो सकते हैं। लेकिन सामान्य तौर पर, सौहार्दपूर्ण तलाक के लिए आमतौर पर निम्नलिखित व्यक्तिगत रिकॉर्ड की आवश्यकता होती है:

How To Obtain Contested Divorce In India?

1. Identity Documents: Real photo identification for each spouse, such as a passport, driver’s license, or official government ID.

(पहचान दस्तावेज़: प्रत्येक पति या पत्नी के लिए वास्तविक फोटो पहचान, जैसे पासपोर्ट, ड्राइवर का लाइसेंस, या आधिकारिक सरकारी आईडी।)

2. Marriage Certificate: A copy of the certificate of marriage to confirm that the union is lawful.

(विवाह प्रमाणपत्र: यह पुष्टि करने के लिए कि विवाह वैध है, विवाह प्रमाणपत्र की एक प्रति।)

 

3. Proof of resident: Evidence demonstrating at least one spouse satisfies the jurisdiction’s resident criteria, such as utility bills, rental agreements, or other documentation.
4. Financial Records: Bank statements and income statements are examples of financial records. Statements from retirement accounts, investment accounts, and tax returns.
5. Documentation of Property Ownership: Titles or deeds for real estate, as well as records for other priceless assets held either Mutually or separately.
6. work Information: Documents proving income and financial situation, such as pay stubs or work contracts.
7. Insurance Documents: Information about any life, health, and other insurance plans that either spouse may have.

Debt documentation refers to details about pending loans, mortgages, credit card statements, and loan agreements.

9. Vehicle Documents: Titles and registration papers pertaining to the ownership of a vehicle.
10. Information about the Children: Birth certificates and any current custody or visitation orders for the children.
11. Proof of Separation (if required): If local laws need a separation period, proof of separation is documentation indicating the couples have lived apart for the necessary length of time.
12. Settlement Agreement: A thorough settlement agreement that details the terms and conditions that both parties have agreed upon, addressing things like child-related affairs, spousal support, and property distribution.
13. Affidavits or Declarations: Sworn declarations made by the parties attesting to the veracity of the data contained in the divorce decrees.
14. Documents that both spouses acknowledge as their consent to the divorce and give up their right to a trial are known as appearance waivers or consents.

To learn the precise documentation requirements in your country, always seek legal advice. This guarantees that you have all paperwork ready and accurately filed in order to facilitate a mutually beneficial divorce.

Due to local legislation governing divorce laws, the legal process for a divorce based on mutual consent varies depending on the jurisdiction. But I can give you a general rundown of the typical processes in a divorce proceeding by mutual consent:

1. Speaking with a legal advisor: It is recommended that both spouses seek legal advice from independent family law experts prior to starting the divorce process in order to fully grasp their legal rights and obligations.
2. Divorce Petition Filing: In the relevant family court, both spouses will Mutually file a divorce petition. In addition to stating the reasons for the divorce, the petition should contain information on the couple’s agreements for property division, alimony, child custody, and other pertinent topics.
3. Mandatory Waiting Period: In certain jurisdictions, the divorce cannot be finalized until a certain amount of time has passed after the petition has been filed. The purpose of this waiting period is to give spouses time to think over their choice.
4. Counseling/Mediation (if required): In certain jurisdictions, the court may mandate that couples participate in mediation or counseling sessions in order to help them work through disagreements and maybe reconcile.
5. Drafting and Signing Settlement Agreement: The parties will collaborate to develop a settlement agreement that specifies the terms and conditions of the divorce, maybe with the assistance of their respective attorneys. Typically, this agreement addresses matters like debt and asset distribution, spousal support, child custody, and child support.
6. Court Approval: The court is asked to approve the draft settlement agreement. The agreement is examined by the court to make sure it is reasonable and in the best interests of any affected children.
7. Court Appearance: For a quick hearing, both spouses might have to show up in court. In order to verify that neither party entered into the agreement under duress, the court may pose questions at this hearing.
8. Final Divorce Decree: A final divorce decree is granted when the court accepts the settlement agreement and expresses satisfaction with the procedures. The marriage is officially ended by this paper.

It’s important to remember that different jurisdictions may have different standards and processes, and that getting legal counsel from an experienced family law attorney is key to navigating the system successfully. Furthermore, some countries could provide streamlined or accelerated divorce procedures for uncontested or mutually consenting parties.

Numerous factors, like as jurisdiction, legal fees, case complexity, and the degree of cooperation between the spouses, can affect the cost and duration of a mutual consent divorce. Here are a few broad things to think about:

1. Attorney Fees: The price of legal counsel is a big consideration. Depending on the lawyer’s location and level of experience, prices can differ significantly. For uncontested divorces, some lawyers might charge a flat fee, while others would bill on an hourly basis.
2. Filing Fees: Depending on the jurisdiction, there are filing fees related to starting the divorce procedure. Usually, when the divorce petition is filed, the court will receive these costs.
3. Fees for Mediation or Counseling: Should mediation or counseling be selected or necessary during the process, there can be extra costs related to these services.
4. Documentation Costs: The total cost may also include the price of drafting legal documents, such as the settlement agreement and any necessary court filings.
5. Length: The amount of time needed to conclude a divorce by mutual consent varies. There are obligatory waiting periods in some countries, which can last anything from a few weeks to several months. The length of time can also be affected by how well the judicial system handles divorce proceedings.
6. Costs of Court Appearances: There can be additional expenses if a court appearance is necessary, such as transportation or possible pay loss if time away from work is required.

Notably, divorces that are uncontested or based on mutual consent typically happen more quickly and affordably than contentious divorces, which occur when the parties cannot agree on critical points. The overall cost and duration can also be influenced by the degree of collaboration between spouses, the intricacy of financial concerns, and the existence of children.

Seeking detailed information from a local family law attorney on expenses and timing is advised. On the basis of the particular rules and regulations that apply to your jurisdiction, they can offer advice. Furthermore, certain jurisdictions might have online resources, like family court websites, that provide costs and approximate processing times.

What Benefits Can Mutual Divorce Offer?

1. Time-saving: Filing a divorce by mutual consent can save you a ton of time. The consensual divorce process between the partners takes about six to eight months.
2. Less Stressful: You have both decided to divorce and have no concerns about property, maintenance costs, or child custody.
3. More Economical: The mutual divorce procedure does not require large financial outlays. Because it takes less time and you don’t have to pay the lawyers more money.

Of course, the following are some commonly asked questions (FAQs) on divorce in India based on mutual consent:

1. What is a divorce with mutual consent?

ANS: A mutual consent divorce is a procedure in which the parties to a marriage decide to dissolve it together and submit a Mutual divorce petition. It is a peaceful and uncontested method of ending the marriage.

2. In India, what are the grounds for a divorce by mutual consent?

ANS: The only basis for a divorce by mutual consent is if both parties have decided to dissolve their marriage after living apart for a predetermined amount of time, generally a year or longer.

3. In India, how long does it take to obtain a divorce with mutual consent?

ANS: Although the time frame varies, it usually takes between six and eighteen months, taking into account the required waiting period and judicial hearings. Factors including the volume of cases handled by the courts and the effectiveness of the legal system might affect the time.

4. How long must you separate before you may have a mutually consenting divorce?

ANS: In India, divorcing by mutual consent often requires a year of mandatory separation. Both spouses must live apart at this time.

5. Is a Mutual Consent Divorce Requiring Counseling or Mediation?

ANS: In order to make sure that both parties have truly agreed to the divorce and to look into the possibility of reconciliation, particularly if there are children involved, certain courts may advise or require counseling or mediation.

6. Is a Mutual Consent Divorce Requiring the Presence of Both Spouses in Court?

ANS: Generally speaking, both spouses must be present in court both throughout the filing process and the final hearing. This is to reaffirm their consenting to each other and respond to any queries the court might have.

7. What paperwork is needed for a divorce with mutual consent?

ANS: Typical paperwork consists of the marriage license, evidence that the parties lived apart for the necessary length of time, passports, and a Mutual divorce petition. An asset division, child custody, and alimony settlement agreement may also need to be submitted by the couple.

8. What Takes Place Should the Couple Have Kids?

ANS: The court will make sure that the settlement agreement covers child support, visitation rights, and custody in cases involving children. The child’s best interests will be the court’s first concern.

9. Is it possible to later contest the Mutual Consent Divorce Decree?

ANS: The divorce decree becomes enforceable as soon as the court issues it. Nonetheless, there can be justification for contesting the decree in extraordinary circumstances like fraud or coercion.

10. Does a Mutual Consent Divorce Require Legal Counsel?

ANS: Although it is not required, it is strongly advised that both spouses speak with separate attorneys to make sure their rights and interests are safeguarded at every stage of the procedure.

Please be aware that state-specific procedures and standards may differ in India. For counsel unique to your circumstance and jurisdiction, it is recommended that you consult with a family law practitioner.

 

 

 

 

IN THE COURT OF PRINCIPAL JUDGE (FAMILY COURT) DELHI

                               

                            H.M.A. NO. ________ OF 2022

 

IN THE MATTER:

YYY

…  Petitioner 1

AND

XXX

                                                                                   …Petitioner 2

INDEX

 

Sl. No.	Particulars	Page No.
1.	Memo of parties
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.
3.	Affidavit of Petitioner No. 1
4.	Affidavit of Petitioner No. 2
5.	ANNEXURE-A(Colly) The marriage photographs of the petitioners.
6.	ANNEXURE-B The copy of the Voter ID Card of the Petitioner No. 1.
7.	ANNEXURE-C The copy of the Aadhar card of the Petitioner No. 2.
8.	Application for Engaging counsels of petitioner No. 1 & 2
9.	Vakalatnama on behalf of Petitioner No. 1.
10.	Vakalatnama on behalf of Petitioner No. 2.

 

Dated:

PLACE: NEW DELHI

 

 

 

 

 

Through Counsel:

 

M…. SINGH,

Advocate

 

IN THE COURT OF PRINCIPAL JUDGE (FAMILY COURT) DELHI

                             

                            H.M.A. NO. ________ OF 2022

IN THE MATTER:

YYY

Petitioner 1

AND

XXX

                                                                                   Petitioner 2

MEMO OF PARTIES

Shivangi Garg,

W/o XXX and

D/o Sh. Sudhir Kumar Bansal,

Resident of : …., Krishna Bhawan,

Durgapuri, Gali No.1, Shahdra Delhi=110032

 

…PETITIONER NO.1

A N D

XXX,

S/o Sh. Arun Garg,

Resident of : …., Krishna Bhawan,

Durgapuri, Gali No.1, Shahdra Delhi=110032

 

…PETITIONERNO.2

DELHI.

DATED:

 

Through Counsel:

M…. SINGH,

Advocate

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE COURT OF PRINCIPAL JUDGE (FAMILY COURT) DELHI

                           

                           H.M.A. NO. ________ OF 2022

IN THE MATTER:

YYY

………. Petitioner 1

AND

XXX

                                                          ……… Petitioner 2

 

MEMO OF PARTIES

Shivangi Garg,

W/o XXX and

D/o Sh. Sudhir Kumar Bansal,

Resident of : …., Krishna Bhawan,

Durgapuri, Gali No.1, Shahdra Delhi=110032

 

…PETITIONER NO.1

A N D

XXX,

S/o Sh. Arun Garg,

Resident of : …., Krishna Bhawan,

Durgapuri, Gali No.1, Shahdra Delhi=110032

 

…PETITIONERNO.2

PETITION FOR DISSOLUTION OF MARRIAGE BY WAY OF A DECREE OF DIVORCE BY MUTUAL CONSENT U/S 13-B OF THE HINDU MARRIAGE ACT 1955 (AS AMENDED BY THE MARRIAGE LAWS (AMENDMENT) ACT 1976 AND AMENDED UPTO DATE)

 

Sir/Ma’am,

The petitioners respectfully submit as under:

 

1. That the marriage between petitioners No. 1 and No. 2 was solemnized on 29.01.2012 at Deoband, Saharanpur, U.P. according to Hindu rights and customs. The marriage photographs are annexed herewith and marked as ANNEXURE-A (Colly).

The true copy of the Voter ID Card of the Petitioner No. 1 and true copy of Aadhar Card of the Petitioner No. 2 are annexed herewith ANNEXURE-B and ANNEXURE-C respectively.

 

2. That the status and place of residence of petitioners No. 1 & 2 before the marriage and at the time of filling of this petition were/are as under :

 

 

 

 

 

 

Petitioner No.1 / Wife

 

	Status	Age	Place of Residence
At the time of marriage	Hindu unmarried	22 years	Sudhir Kumar, Mohalla Pathanpura, Shastri Chowk,Tehsil Devband, Saharanpur, U.P. -247554.
At the time of filling the Petition	Hindu married	32 years	Resident of: …., Krishna Bhawan, Durgapuri, Gali No.1, Shahdra Delhi=110032.

 

Petitioner No. 2/ Husband

 

	Status	Age	Place of Residence
At the time of marriage	Hindu unmarried	…. Years	Resident of : …., Krishna Bhawan, Durgapuri, Gali No.1, Shahdra Delhi=110032.
At the time of filling the Petition	Hindu married	…. years	Resident of : …., Krishna Bhawan, Durgapuri, Gali No.1, Shahdra Delhi=110032.

 

 

 

 

3. That after the solemnization of marriage, both the parties

lived together at  Resident of: …., Krishna Bhawan,

Durgapuri, Gali No.1, Shahdra Delhi=110032. as Wife and

Husband till of October, 2021 and no issue was born

out of this Wed-Lock.

 

4. That October, 2021, due to some unavoidable reasons and serious temperamental differences since the inception of this marriage, both the petitioners separated and no cohabitation took place since then between the parties to the petition. From that day they are living separately and now it is impossible for petitioners to live together and live a happy life. They also separated in October, 2021 for six months, later at that time due to non understanding they started living separately, however even after so many efforts from the family and the petitioners, no positive result was achieved and marriage between the parties have come to an end and has irretrievably broken down with no possibility of reconciliation.

 

5. That the Petitioner No.1 has been living on Rental Basis’,…………………………………………………………………………………………………………………………………………………..

House, from October, 2021 and no-cohabitation took place

Between the petitioners for more than a year now.

 

6. That all the efforts on the part of family, friends and relatives have proved futile and there is no chance of reconciliation between petitioners and therefore both the petitioners mutually agreed that their marriage should be dissolved by a decree of Divorce by Mutual Consent. The Petitioners are educated and fully understand the implications and after effects of the present Petition and accordingly, both of them have agreed to dissolve their marriage voluntarily.

 

7. That the Petitioner No. 2, and his family will return all the gift articles, and passport, Aadhar Card, educational Certificates, and stridhan to the Petitioner No.1. That the Petitioner No. 1 is self-sufficient and can maintain herself as per her social status and does not claim any alimony, maintenance and rights in the property of petitioner No. 2, neither at present nor in future.

 

8. That both the parties have settled all their claims against each other and there is now no claim whatsoever, of any nature against each other or between them regarding the gift articles, stridhan, maintenance etc. has been given to the petitioner No. 1. Both the parties have mutually exchanged their gifts and items given by their parents and relatives.

 

 

9. That it has been further agreed that none of the Petitioners and their family members have filed any case against each other or their respective family members in any court of law, Civil or Criminal and no other litigation is pending between the petitioners. That it has been further Mutually agreed between the parties that both the Petitioners that they or their family Members will not make any claim or counter claim against each other in any form, will not make any allegations or counter allegations against each other and will not interfere with each other’s life in future in any way and in any manner whatsoever.

 

10. That the present petition is not presented in collusion each other.

 

11. That the mutual consent has not been obtained by force, coercion and undue influence.

 

12. There has not been unnecessary and improper delay in institution of proceedings. There is no other legal ground as to why the relief of decree of divorce by mutual consent may be not granted to the parties of petition.

 

 

13. That the petitioner No. 1 is residing at her Rental house within the territorial jurisdiction of this Hon’ble court, hence this Hon’ble court has jurisdiction to entertain and decide the present petition.

 

14. That a prescribed court fee stamp of Rs. 25/- is affixed on the petition.

 

 

PRAYER

 

It is, therefore, most respectfully prayer that the marriage between the petitioners may kindly be dissolved by a decree of divorce on the basis of mutual consent as provided Under section 13-B(1) of Hindu Marriage Act 1955, as amended upto date in the facts and circumstances of the petition as detailed above, which will be in the interest of justice, fair play and equity.

 

PETITIONER NO.1                        PETITIONER NO. 2

Shivangi Garg,                                    XXX,

W/o XXX and                   S/o Sh. Arun Garg,

D/o Sh. Sudhir Kumar                 R/o R/o: ….,

Krishna       Bhawan,

Bansal, R/o: ….,            Durgapuri, Gali No.1,

Krishna Bhawan,                              Shahdra,

Durgapuri, Gali No.1,

Shahdra,                                           Delhi-110007

Delhi-110007                                      

 

THROUGH COUNSEL:

M…. SINGH

ADVOCATE

 

PLACE:- DELHI

DATED:

 

VERIFICATION We, the above named petitioners do hereby solemnly affirm and declare that the contents of paras No. 1 to 14  of the above petition are true and correct to our knowledge, no part of it is false and nothing material has been concealed there from. Verified at Delhi on this      day of ……. 2022.

 

 

 

 

PETITIONER NO. 1                            PETITIONER NO. 2

….Garg                                          XXX

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE COURT OF PRINCIPAL JUDGE (FAMILY COURT) DELHI

                           

                            H.M.A. NO. ________ OF 2022

IN THE MATTER:

YYY

…Petitioner 1

AND

XXX

                                                                                   …Petitioner 2

AFFIDAVIT

 

PETITION FOR DISSOLUTION OF MARRIAGE BY WAY OF A DECREE OF DIVORCE BY MUTUAL CONSENT U/S 13-B OF THE HINDU MARRIAGE ACT 1955 (AS AMENDED BY THE MARRIAGE LAWS (AMENDMENT) ACT 1976 AND AMENDED UPTO DATE)

 

I, Shivangi Garg, W/o XXX and, D/o Sh. Sudhir  Kumar Bansal, R/o: …., Krishna Bhawan, Durgapuri, Gali No.1, Shahdra Delhi=110032., do hereby solemnly affirm and declare as under:

 

1. That the marriage between the petitioners were solemnized on 29.01.2012 at New Delhi according to Hindu Rights and Customs and no child was born out of the marriage.

 

2. That the mutual consent of the parties has not been obtained by force, fraud, coercive and undue influence.

 

3. The parties are living separately since OCTOBER, 2021 and have not cohabited and lived together since then.

 

4. That the petitioners have mutually and by free will agreed to get the marriage dissolved by the decree of divorce by means of present petition.

 

Deponent

 

Verification Verified at DELHI on this …./…./2022 that the contents of above para are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

 

 

Deponent

 

 

 

 

 

 

 

 

 

 

IN THE COURT OF PRINCIPAL JUDGE (FAMILY COURT) DELHI

                               

                            H.M.A. NO. ________ OF 2022

 

IN THE MATTER:

 

YYY

… Petitioner 1

AND

XXX

                                                                         … Petitioner 2

AFFIDAVIT

 

PETITION FOR DISSOLUTION OF MARRIAGE BY WAY OF A DECREE OF DIVORCE BY MUTUAL CONSENT U/S 13-B OF THE HINDU MARRIAGE ACT 1955 (AS AMENDED BY THE MARRIAGE LAWS (AMENDMENT) ACT 1976 AND AMENDED UPTO DATE)

 

I, XXX, S/o Sh. Arun Garg, R/o: …., Krishna Bhawan, Durgapuri, Gali No.1, Shahdra Delhi=110032, do hereby solemnly affirm and declare as under:

 

1. That the marriage between the petitioners were solemnized on 29.01.2012 at New Delhi according to Hindu Rights and Customs and no child was born out the marriage.

 

2. That the mutual consent of the parties has not been obtained by force, fraud, coercive and undue influence.

 

3. The parties are living separately since October, 2021 and have not cohabited and lived together since then.

 

4. That the petitioners have mutually and by free will agreed to get the marriage dissolved by the decree of divorce by means of present petition.

Deponent

 

Verification Verified at DELHI on this  .…/…./2022 that the contents of above para are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

Deponent

 

 

 

 

 

 

 

IN THE COURT OF PRINCIPAL JUDGE (FAMILY COURT) DELHI

                               

                            H.M.A. NO. ________ OF 2022

IN THE MATTER:

YYY

…Petitioner 1

AND

XXX

                                                                                   …Petitioner 2

 

PETITION FOR DISSOLUTION OF MARRIAGE BY WAY OF A DECREE OF DIVORCE BY MUTUAL CONSENT U/S 13-B OF THE HINDU MARRIAGE ACT 1955 (AS AMENDED BY THE MARRIAGE LAWS (AMENDMENT) ACT 1976 AND AMENDED UPTO DATE)

 

APPLICATION U/S 13 OF FAMILY COURT ACT FOR SEEKING PERMISSION TO ENGAGE COUNSEL

Sir,

The applicant/petitioner No. 1 humbly submits as under :

 

1. That the petitioners have jointly filed the above noted petition under section 13 B of Hindu Marriage Act., before the Hon’ble Court but there are some legal and technical facts in the present petition and applicant / petitioner No. 1 can not proceed the present petition without the help of counsel.

It is therefore prayed that the applicant / petitioner No. 1 may kindly be permitted to engage counsel / advocate to pursue her case.

 

Dated :  …../…../2022

                      PETITIONER NO. 1

                                                Shivangi Garg,

W/o XXX and

D/o Sh. Sudhir Kumar Bansal,

Resident of : …., Krishna Bhawan, Durgapuri, Gali No.1, Shahdra Delhi=110032

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE COURT OF PRINCIPAL JUDGE (FAMILY COURT) DELHI

                               

                            H.M.A. NO. ________ OF 2022

IN THE MATTER:

YYY

… Petitioner 1

AND

XXX

…Petitioner 2

 

PETITION FOR DISSOLUTION OF MARRIAGE BY WAY OF A DECREE OF DIVORCE BY MUTUAL CONSENT U/S 13-B OF THE HINDU MARRIAGE ACT 1955 (AS AMENDED BY THE MARRIAGE LAWS (AMENDMENT) ACT 1976 AND AMENDED UPTO DATE)

 

APPLICATION U/S 13 OF FAMILY COURT ACT FOR SEEKING PERMISSION TO ENGAGE COUNSEL

Sir,

The applicant/petitioner No. 2 humbly submits as under :

1. That the petitioners have jointly filed the above noted petition under section 13 B of Hindu Marriage Act., before the Hon’ble Court but there are some legal and technical facts in the present petition and applicant / petitioner No. 2 can not proceed the present petition without the help of counsel.

 

It is therefore prayed that the applicant / petitioner No. 2 may kindly be permitted to engage counsel / advocate to pursue her case.

 

Dated :  …./…../2022

                                                                                        PETITIONER NO. 2

                                                                 XXX,

S/o Sh. Arun Garg,

D/o Sh. Arun Garg,

Resident of : …., Krishna Bhawan,

Durgapuri, Gali No.1, Shahdra Delhi=110032