Mutual Consent Divorce for Christians, under Section 10A of Divorce Act 1869, Petition format.

Format of Mutual Consent Petition under Section 10A of Divorce Act 1869 for Decree of Divorce to get divorce with the consent of both the parties. Divorce Petition with the consent of both the parties can be presented in the court on the ground that they have not been able to live together and they are living separately for the last more than 2 years and they have agreed to dissolve the marriage by Mutual Consent.

As per Section 10A of Divorce Act 1869, Dissolution of marriage by mutual consent.
(1) Subject to the provisions of this Act and the rules made thereunder, a petition for dissolution of marriage may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Indian Divorce (Amendment) Act, 2001, on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn by both the parties in the meantime, the Court shall, on being satisfied, after hearing the parties and making such inquiry, as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of decree.

Sample format of Mutual Consent Petition for Decree of Divorce under Section 10A of Divorce Act 1869 is given below:

IN THE COURT OF THE _____________ JUDGE AT _________

CASE NO. __________ OF 20__

IN THE MATTER OF:

(Name and address of the Husband) : Petitioner No.1

AND

(Name and address of the wife) : Petitioner No.2

MUTUAL CONSENT PETITION FOR DECREE OF DIVORCE UNDER SECTION 10A OF DIVORCE ACT 1869

MOST RESPECTFULLY SHOWETH:

1. That the Parties to the petition were and are domiciled in India and Christian by faith and Religion.

2. That on _______ the Petitioner _______________ was lawfully married to ______, then ______BC, a spinster aged about _______ years at __________and the said marriage is still subsisting. Copy of the documents showing the marriage is attached herewith as Annexure P1.

3. That ever since his said marriage, the Petitioner lived and cohabited with his said wife from time to time at various places, viz ______________ and lastly at ___________in or about ________and the Petitioner. The status and place of residence of the Parties to the marriage before the marriage and at the time of filing this petition is given as under:

i) Place of residence before the Marriage

Husband ______________________________

Wife ______________________________

ii) Place of residence at the time of filing the Petition

Husband ______________________________

Wife ______________________________

4. That there is one boy name____ Date of Birth ____ age____ out of the wedlock of the parties. The parties mutually agreed to give custody of the child to Husband / Wife.

5. That the Parties have been living separately for a period of more than two years , that they have not been able to live together.

6. That the parties could not adjust with each other due to temperamental differences and their marriage has broken down irretrievably and it is now not possible between the parties live as husband and wife any more.

7. That all the efforts of reconciliation between the parties to continue the present marriage has failed and there are no further chances of reconciliation between the parties any more.

8. That the parties are residing separately since _____________ and there is no cohabitation between the parties since then.

9. That the parties have now decided to dissolve the marriage legally through a decree of divorce on mutual consent. The parties have settled all their claims, counter claims etc. and the respondent wife has received her entire Stridhan, Permanent alimony, maintenance etc. and there is no due with regard to any other claim between the parties now.

10. That the party has decided to withdraw all the complaints, counter complaints against each other.

11. That the present petition is not being filed in collusion.

12. That there are no other divorce proceedings pending before any other court.

13. That the matrimonial home of the parties was at ____________hence this court has the jurisdiction to grant the decree of divorce as prayed for.

14. That there are no legal impediments in grant of the decree of divorce to the parties on the basis of mutual consent.

P R A Y E R

That the Petitioner, therefore, prays:

a) that the court may accept the present petition and grant a decree of Mutual Consent divorce between the parties thereby, dissolving the marriage between the parties; and

b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.

Petitioner No.1

THROUGH

______________., Advocate

Petitioner No.2

THROUGH

______________., Advocate

Place :

Date :

VERIFICATION

We, state on solemn affirmation that whatever contained in paragraphs ____ to Para No __________ of the Petition is true to my own knowledge and that whatever contained in paragraphs No _____ to Para No ________ is based on information received and believed to be true to me.

Signed and verified this _______ day of _______ 20 _______ at _______

PETITIONER NO. 1

PETITIONER NO. 2

Note

Mutual consent Divorce Petition under Divorce Act should be annexed with the following documents. Please check your local court for the requirement of any other document:

1. Affidavit of both the parties.

2. Copy of Marriage Certificate

3. Joint photographs of parties at the time of marriage

4. Proof of residence of both the parties

5. Proof of identity of both the parties

6. Passport size photographs