Application Under Section 13-B (2) Of the Hindu Marriage Act for Dissolution of Marriage by Decree of Divorce with Mutual Consent

An Application Under Section 13-B (2) Of The Hindu Marriage Act For Dissolution Of Marriage By Decree Of Divorce With Mutual Consent is a legal document that is filed by both spouses in a marriage seeking to obtain a divorce in India.

IN THE COURT OF……………………………………
In Re: H. M. A. Case No………………………….. 20
In the Matter of: –
AB………………………………………………. Petitioner No. 1
And
CD………………………………………………. Petitioner No. 2
PETITION UNDER SECTION 13-B(2) OF THE HINDU MARRIAGE
ACT AS AMENDED UPTO DATE FOR DISSOLUTION
OF MARRIAGE BY A DECREE OF DIVORCE WITH
MUTUAL CONSENT.
Most Respectfully Showeth:

1. That a marriage was solemnised between the petitioner No. 1 and petitioner No. 2……………………………..at……………………………….. according to the Hindu rites and ceremonies. The affidavits of petitioners to this effect duly attested are attached.
2. That the status, age and place of residence of the parties to this petition before marriage and at the time of filing of the present petition were/are as follows: –
   PETITIONER NO. I/WIFE
   Status Age Place of Residence
   Before Marriage Hindu
   Virgin
   At the time of Hindu
   Filing the Married
   Petition
   PETITIONER NO. 2/HUSBAND
   Status Age Place of Residence
   Before Hindu
   Marriage Bachelor
   At the time Hindu
   of Filing the Married
   Petition
3. That the parties to the petition were Hindu by religion at the time of marriage and they continued to be so at the time of filing the present petition.
4. That the marriage between the parties was duly consumated and out of the said wedlock one male child born out on………………………. It has been mutually agreed that the petitioner No. 2 shall keep and maintain the above said child till he attains the age of majority.
5. That the parties to the present petition lived together as husband and wife till — and thereafter have been living separately on account of difference due to one reason or the other and there is no possibility of reconciliation between the parties.
6. That since there is no possibility of reconciliation between the parties, they have agreed to convert the petition filed by the petitioner No. 1 for dissolution of marriage to a petition by mutual consent for dissolution of their marriage under section 13-B(1) of the Hindu Marriage Act.
7. That no other case is pending in any court of law between the parties except than this present petition and no consideration of money have taken place between the parties to file this present petition.
8. That as stated above, the above named parties are living separately since ……………….. and there is no chance of living together or any other reconciliation between the parties and as such they have agreed for dissolution of their marriage of their own free will and consent. The consent has not been given by either party by fear, force, fraud, coercion or undue influence.
9. That the present petition has not been filed in collusion of the parties.
10. That there is no ground as to why the relief prayed for cannot be granted to the parties.
11. That there is no improper or unreasonable delay in filing the present petition,
12. That as prayed in application filed under section 151 CPC the period of six months for moving second motion under section 13-B(2) of the Hindu Marriage Act may be waived off condoned in the circumstances of the case.
13. That there is no improper or unreasonable delay in filing the present petition.
14. That the marriage was solemnised and consumated at……………….. between the parties and they also last resided together at……………….. hence this Hon’ble Court has jurisdiction to entertain and try the present petition.
15. That the prescribed court fee has already been affixed on the petition.
    It is, therefore, most respectfully prayed that in the interest of justice, this Hon’ble Court may be pleased to dissolve the marriage between the parties by passing a decree of divorce with mutual consent.
    It is prayed accordingly.
    Petitioner No. 1
    Petitioner No. 2
    Through
    Advocate
    Dated:………………..
    Place:………………..
    VERIFICATION
    Verified at……………….. on this……………….. day of……………….. by the above named petitioners No. 1 and 2 on solemn affirmation that the contents of paras No…………………….. of the petition are true and correct to our knowledge and those of paras No. of the petition are based upon the legal information received and believed to be true. Last para is prayer to this Hon’ble court, Verified at……………….. on this…………………
    Petitioner No. 1. Petitioner No. 2.
    AFFIDAVIT IN SUPPORT OF PETITION
    IN THE COURT OF……………………………
    In Re: H. M. A. Case No………………… 7200
    IN THE MATTER OF:
    AB………………………………………………. Petitioner No. 1
    versus
    CD………………………………………………. Petitioner No. 2
    AFFIDAVIT
    I,…………………………………. son of Shri…………………………………. resident of …………………………………………………… do hereby solemnly affirm and declare as under:-
16. That the deponent has filed the accompanying petition under section 13-B(2) of Hindu Marriage Act, the contents of the said petition be read-as part of this affidavit which have not been reproduced herein for the sake of brevity.
17. That the marriage between the petitioner No. 1 and deponent was solemnised on…………………………………. according to Hindu rites and customs
18. That the petitioner Nos. 1 and 2 are living separately after…………………
19. That there is one male child born out of the said wedlock on………………..
20. That the present petition has not been presented in collusion of the parties.
21. That the accompanying petition has been drafted by my counsel under my instructions, the contents of which may be read as part and parcel of this affidavit and are not being reproduced herein for the sake of brevity.
    Deponent
    VERIFICATION
    Verified……………….. on this……………….. that the contents of this affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.
    Deponent
    AFFIDAVIT IN SUPPORT OF PETITION
    IN THE COURT OF…………………………………..
    In Re: H. M. A. Case No………………… /200
    In the Matter of: –
    AB………………………………………………. Petitioner No. 1
    And
    CD………………………………………………. Petitioner No. 2
    AFFIDAVIT
    I……………………………………….. wife of……………………………………. resident of ………………………………………………………… do hereby solemnly affirm and declare as under:
22. That the deponent has filed the accompanying petition under section 13-B(2) of Hindu Marriage Act. The contents of the said petition be read as part of this affidavit which have not been reproduced herein for the sake of brevity.
23. That the marriage between petitioner Nos. 1 and 2 was solemnised at ………………………………………… according to Hindu rites and customs…………………
24. That the petitioner Nos. 1 and 2 are living separately after,………………..
25. That there is one male child born out of the said wedlock, on………………..
26. That the present petition has not been presented in collusion of the parties.
27. That the accompanying petition has been drafted by my counsel under my instructions, the contents of which may be read as part and parcel of this affidavit and are aot being reproduced herein for the sake of brevity.
    Deponent
    VERIFICATION
    Verified at……………….. on this…………………………………. that the contents of my above affidavit are true and correct to my knowledge.
    Deponent
    DISSOLUTION OF MARRIAGE (SECTION 13)
    Conversion to other religion does not automatically bring about dissolution of marriage.1
    CHILDREN OF VOID MARRIAGE
    Under Section 16 of Hindu Marriage Act, 1955 children of void marriage are legitimate.2
    CONTRACTING SECOND MARRIAGE AFTER EMBRACING ISLAM
    Any marriage solemnized by the husband during the subsistence of marriage inspite of conversion to another religion would be an offence triable under section 17 of the Hindu Marriage Act read with Section 494 IPC.3
28. Lily Thomas v. Union of India, AIR 2000 SC 1650.
29. Rameshwari Devi v. State of Bihar, AIR 2000 SC 735.
30. Lily Thomas v. Union of India, AIR 2000 SC 1650.