As per Section 28 of Special Marriage Act (Divorce by Mutual Consent) (1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that 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 the 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petition referred to in sub-section (1) and not later than eighteen months] after the said date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act, and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.
Sample format of Mutual Consent Petition for Decree of Divorce under Section 28 of Special Marriage Act 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
(Name and address of the wife) : Petitioner No.2
MUTUAL CONSENT PETITION FOR DECREE OF DIVORCE UNDER SPECIAL MARRIAGE ACT
MOST RESPECTFULLY SHOWETH:
1. That The marriage between the parties was solemnized on ______at _______, by and registered under Special Marriage Act on ______ at ________. The said marriage was consummated thereafter and the parties co-habited as husband and wife at the matrimonial home i.e. ______________. The particulars showing the details of the parties to the present petition is given hereunder:-
Age Address Status
Age Address Status
Age Address Status
Age Address Status
2. 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.
3. That the Parties have been living separately for a period of one year or more, that they have not been able to live together.
4. 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.
5. 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.
6. That the parties are residing separately since _____________ and there is no cohabitation between the parties since then.
7. 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.
8. That the party has decided to withdraw all the complaints, counter complaints against each other.
9. That the present petition is not being filed in collusion.
10. That there are no other divorce proceedings pending before any other court.
11. That the matrimonial home of the parties was at ____________hence this court has the jurisdiction to grant the decree of divorce as prayed for.
12. 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 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.
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
Mutual consent Divorce Petition under Special Marriage 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
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