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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guidelines for Drafting a Divorce Petition under Section 13B of the Hindu Marriage Act, 1955, for Mutual Consent Divorce:
A divorce petition under Section 13B of the Hindu Marriage Act is used when both spouses mutually agree to seek a divorce. Here are guidelines for drafting such a petition and common mistakes to avoid:
Header: Begin with the title "In the Court of [Name of the Appropriate Court]" and mention the parties' names as "Petitioner" and "Respondent."
Parties' Details: Clearly identify the petitioner and respondent with their names, addresses, marital status, and occupation.
Marriage Details: Provide information about the date and place of the marriage, along with any relevant details about the marital relationship.
Grounds for Divorce: Mention that both parties mutually consent to divorce under Section 13B of the Hindu Marriage Act, without placing blame on either party.
Separation Details: Describe the separation period, which should be a minimum of one year preceding the filing of the petition, and explain the efforts made for reconciliation, if any.
Agreement Terms: Outline the terms of the mutual consent agreement, including the division of assets, child custody arrangements (if applicable), and any other agreed-upon matters.
Affidavits: Attach affidavits from both parties stating their consent to the divorce and their intention to waive rights to future claims.
Payment of Alimony or Maintenance: If applicable, specify any agreed-upon alimony or maintenance payments.
Prayer for Relief: Conclude the petition with a prayer for the court to grant the divorce decree and to pass necessary orders according to the agreement.
Common Mistakes to Avoid:
Inaccurate or Incomplete Information: Ensure that all details are accurate and complete.
Improper Documentation: Include all necessary supporting documents, such as marriage certificates and affidavits.
Lack of Legal Advice: Consult with a legal professional to ensure compliance with the law and to avoid potential pitfalls.
Not Addressing Child Custody: If child custody is involved, clearly outline the agreed-upon arrangements.
Not Filing Jointly: Both spouses must file the petition jointly for mutual consent divorce.
Drafting a divorce petition under Section 13B of the Hindu Marriage Act for mutual consent divorce requires careful attention to detail, legal expertise, and adherence to statutory requirements. Seeking legal counsel is advisable to navigate the process smoothly and ensure all necessary documentation is in order.