mutually divorce agreement format

(Guest)

proforma:

An application for a decree for dissolution of marriage by mutual consent under section 28 of Special Marriage Act read with Order 23 Rule 3 of C.P.C. / HMA 13

The Humble petition of the Joint Petitioner being Petitioner no. 1 and the Petitioner No.2 herein MOST RESPECTFULLY SHEWETH:

1. That Petitioner no.1 and petitioner no. 2 were married under the Special Marriage Act, 1954 V/ AS PER HINDU RITUALS on …………….. before ………..having his office at……………… within this court’s jurisdiction and thereafter they went through a social cum religious marriage ceremony on ……….. at………………. within this court’s jurisdiction.

2. That the petitioner no.1 as filed the above suit for nullity of marriage and alternatively, the marriage subsisting between the spouses be dissolved by a decree of divorce.

3. That the petitioner no. 2 is contesting the suit by filing the written statements.

4. That after the marriage, the parties could not pull on well owing to various differences and temperamental incompatibility, and have decided to live separately from each other for more than 1 year i.e………. and both are staying separately in their respective parental homes. There is no chance of reconciliation of marriage between the parties or resumption of normal marital relationship in future. The well wishers, friends, relatives and elders of both the families tried to reconcile the relation between the parties but all attempts went to vain.

5. That the parties since have realized that it will be futile to continue the marital relationship, as such have decided to file instant application praying for a Decree of Divorce on mutual consent on the following terms and conditions :

(i) That the petitioner no.1/husband agreed to pay a sum of Rs………. by way of ………. Dated ………. Being no………. on ……………. Issued in the name of the petitioner no.2 i.e…………. as one time payment and as full and final settlement oa all her claims for maintenance in the past, present and for future. The petitioner no.2/wife confirms having received the said pay orders amounting to Rs……… The Petitioner no.2/wife shall not have any claim of any nature whatsoever including financial claims in future against the petitioner no.1/husband before any court of law. This amount includes all her claims in past, present and future in respect of alimony/maintenance and/or Streedhan and/or litigation cost and/or marriage gifts and/or ornaments or articles of any nature and/or personal belongings and/or expenses incurred during marriage and/or other occasions by her and/or her parents and/or her relatives and/or her well wishers or otherwise and/or any other demand whatsoever.

(ii) That neither party shall have any claim of whatsoever nature on each other regarding marriage gifts and personal belongings including ornaments (Diamond, Gold or Silver or otherwise) and either party shall not file any case before any court of law regarding their respective claims.

(iii) That the petitioner no.1 has no claim against the petitioner no.2 and the petitioner no.2 has no claim against the petitioner no.1 in any manner and shall not have any further claim in future against each other.

(iv) That the parties have withdrawn all allegations and counter allegations made against each other unconditionally.

(v) That both the parties herein have instituted various proceedings in the Ld……. Court as well before the H’nble High Court at ....... All the said proceedings will be withdrawn by the respective parties who have instituted the same without any order as to the cost.

6. That within the wedlock there is no issue since the marriage has not been consummated.

7. That the parties have not colluded with each other in the matter of presentation of this application.

8. That the cause of action of this suit arose on ……….. at ………. Within this court’s jurisdiction and still continues day to day.

9. That the fixed court fee of Rs.100/- is filed herewith.

Accordingly, this petition is disposed off by passing an order dissolving the marriage between the parties held on …….. under section 28 of Special Marriage Act 1954, treating the aforesaid terms and conditions as part of the Decree on consent without costs for ends of Justice.

AFFIDAVIT

I, Sri………s/o sri….. aged about…. Yrs…. By faith……. By occupation………. Residing at ……….. do hereby solemnly affirm and say as follows :

1. That I am the Petitioner no.1 herein and am well conversant with the facts and circumstances of the case.

2. That the statements in paragraph 1 to 7 of the petition are true to the best of my knowledge and the rest are my humble submissions before the leraned court.

AFFIDAVIT

I, …………… nee …….. wife of Sri ……. And d/o Sri………. Aged about …. Yrs, by faith …….. by occupation……….., residing at ……… do hereby solemnly affirm and say as follows :

1. That I am petitioner no.2 herein, and am well conversant with the facts and circumstances of the case.

2. That the statements in paragraphs 1 to 7 of the petition are true to the best of my knowledge and the rest are my humble submissions before this Ld. Court.

Deposition of both parties will be taken by court.

(Guest)

In the Court of Hon'ble Principal Judge, Family Court, ……….

X aged about ------years, D/o A, W/o Y, R/o 123---

Petitioner No1

Y aged about ------years, S/o B, R/o 123-----

Petitioner No2

Valuation of Suit…………

Court Fee paid……………

PETITION U/S 13B of HINDU MARRIAGE ACT, 1955

(FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT)

This Petition is for dissolution of marriage and it is alleged on oath as follows:

1. Give the details of marriage (attach a proof of marriage, if any)

2. Give the detail of consummation of marriage.

3. Give the date of separation.

4. Give the details of children, if any.

5. Petitioner and Respondent entered into an Agreement resolving all issues of the marriage, and agreed for divorce by mutual consent..

6. Mention the conditions settled down between the parties regarding maintenance, alimony, custody of children, return of stridhan etc.

7. There is no reasonable likelihood that the marriage between Petitioner and Respondent can be preserved, and therefore, the marriage is irretrievably broken.

WHEREFORE, Petitioners pray for its orders:

a. dissolving the marriage between the Petitioner No1 and Petitioner No2 ;

b. and granting such other and further relief as to this Court seems just and proper in the circumstances.

Signatures

Petitioner No1

PetitionerNo2

Place---

Date---

Verification

We the petitioners do hereby verify that the para no --- to --- of the above petition are true and correct to best of our knowledge and belief.

Signed and verified on -----------of July2009 at court campus of -------------.

Place-------

Date-------

Signatures

Petitioner No1

Petitioner No2

1 Like

valentine (Advocate) 28 September 2010

Could U please send the format for marriage under Special Marriage Act(between Hindu and Christian)?

(Guest)

Name with
APPLICATION FOR REGISTRATION OF MARRIAGE UNDER SECTION 15
OF SPECIAL MARRIAGE ACT, 1954 (CENTRAL ACT 43 OF 1954)
NAME WITH PARENTAGE HUSBAND ..........................................................
FATHER’S NAME .............................................
WIFE....................................................................
AGE & DATE OF BIRTH FATHER’S NAME .............................................
HUSBAND ..........................................................
WIFE....................................................................
PERMANENT DWELLING PLACE HUSBAND ..........................................................
WIFE....................................................................
PRESENT DWELLING PLACE HUSBAND ..........................................................
WIFE....................................................................
RELATION OF ANY PARTIES
BEFORE MARRIAGE ..........................................................................................................
A ceremony of Marriage was performed between … … … … … … … … … … … … … … … … …
(Name of the Husband)
and Smt. … … … … … … … … … … … … … … … … … … … .. on … … … … … … … … … … … …
(Name of wife) (date)
at … … … … … … … … … … … … … … .
(place)
We declare that we have been living together as husband and wife ever since the date
noted above. We hereby declare that Neither of us had more than one spouse living on the and
mentioned in application.
Neither of us is an idiot or lunatic. Both of us have completed the age of Twenty One
years of age on the date of this application.
We are not within the degrees of prohibited relationship. Our marriage was celebrated
before the commencement of the Special Marriage Act 1954 (Central Act 43 of 1954) and
according to the law custom us age having the force of low governing each of us relationship
according to the act for said.
All Photocopies (Documents) /Xerox
alongwith Photographs on front should be
attested by a Gazetted Officer.
Please bring your original documents
while submitting the application form
as well as at the time of registration.
Marital status at the time of marriage Husband ..............................................
Wife .....................................................
Score out whichever is not applicable.
We have been residing within the jurisdiction of the Marriage Officer, Delhi for a period
of not less than thirty days immediately proceeding the date of this application.
We declare that all the particulars are true to the best of our knowledge and belief.
Station............................ Signature ................................................
Dated.............................. (Husband)
(Wife)