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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.
Guideline for Drafting a Petition for Divorce by Mutual Consent Under Section 13 (B) of the Hindu Marriage Act, 1955
1. Purpose and Use:
A Petition for Divorce by Mutual Consent is used when both spouses mutually agree to end their marriage under Section 13 (B) of the Hindu Marriage Act, 1955. It is a legal process to seek divorce amicably without attributing blame to either party.
2. Accurate Jurisdiction:
File the petition in the appropriate family court with jurisdiction over your marital residence or the place where the marriage was solemnized.
3. Parties' Details:
Provide complete information about both spouses, including names, addresses, dates of birth, and marriage details.
4. Grounds and Consent:
Clearly state the grounds for divorce as agreed upon by both parties, which usually include mutual consent and the irretrievable breakdown of the marriage.
5. Settlement Terms:
Outline any agreements related to alimony, child custody, property division, and other matters. Ensure these terms are fair and in accordance with applicable laws.
6. Affidavit:
Both spouses must submit affidavits confirming their consent and intentions voluntarily and without coercion.
Common Mistakes to Avoid:
Failing to file in the correct jurisdiction.
Incomplete or inaccurate personal and marriage details.
Not obtaining mutual consent or providing false consent.
Not adhering to the statutory waiting period (usually six months) required by law.
Ignoring legal requirements for child custody, alimony, or property division.
Not consulting with legal professionals to ensure the petition's legality and completeness.
Drafting a Petition for Divorce by Mutual Consent is a sensitive legal process that requires careful attention to detail. Avoiding common errors and consulting with legal experts can help ensure that the petition is well-prepared and adheres to the legal requirements of the Hindu Marriage Act, 1955.