Mutual Divorce

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I am discussing the Mutual divorce-related information, practical, and will give the best solution to you. There are two types of divorce, l.g. mutual consent and contest, in which of better for you to which is time-saving and life-saving. Let’s go to read this topic.

How can Get Mutual Divorce?

Introduction

As we know that marriage relationship is a sacred relationship, there is a relationship of birth. When there is some sourness in the relationship between a husband and wife, the main reason for this is that there is a financial or illicit relationship, due to this, there is a rift in the relationship, and the desire to live with each other ends when there is no relationship then the husband or wife Wanting to end the marriage relationship, this is called divorce

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Divorce Basics

If you’re considering getting a divorce, there are a few things you need to know about the process. Here are some basics from our divorce lawyer

  1. The first step is to consult with a lawyer to discuss your doubt and understand the process.
  2. Once you decided to proceed with a divorce, you’ll need to file a petition in the court.
  3. The next step is serving your spouse with the legal papers. They must be served in person.
  4. Once your spouse has been served, If they do not respond, you can proceed with an ex-party divorce.
  5. 5 . If your spouse is responding to the mutual divorce, you’ll need to attend a mediation to try and reach an agreement on the terms of the divorce.
  6. If you cannot reach an agreement, then the case will go to trial. A judge will decide on issues like child custody, property division, and alimony.
  7. Once the judge makes a decision, both parties must follow the ruling. If one party does not comply, they can be held in contempt of court

What to Consider in Divorce Cases

There are a lot of things to think about when you are getting a divorce. You need to consider what is best for you and your family. You also need to think about the financial aspects of divorce. Here are some things to consider when you are getting a divorce:

  1. Custody of the children: You need to think about who will have custody of the children. If you have joint custody, you need to think about how you will share the parenting responsibilities.
  2. Child support: You need to think about how much child support you will need to pay or receive. Child support can be a complex issue, so you should talk to a lawyer about this.
  3. division of property: You need to think about how your property will be divided between you and your spouse. This can be a difficult process, so you should talk to a lawyer about this.
  4. Alimony: You may need to pay or receive alimony (spousal support). This is usually based on factors such as each spouse’s income and earning potential

How to Choose a Divorce Lawye

When you are going through a divorce, you want to make sure that you have the best lawyer possible. This is a big decision and you want to make sure that you choose someone who is going to be able to help you through this tough time. Here are some tips on how to choose a divorce lawyer:

  1. Make sure that you choose a lawyer who is experienced in divorce law. You want someone who knows the ins and outs of the law and who can help you get the best settlement possible.
  2. Find a lawyer who you feel comfortable with. This is someone who you are going to be sharing a lot of personal information with, so you want to make sure that you feel comfortable with them.
  3. Make sure that the lawyer you choose is affordable. You don’t want to spend a fortune on your lawyer, but you also don’t want to choose someone who is too cheap. Find someone who falls somewhere in the middle.
  4. Get recommendations from people you trust. If you know someone who has been through a divorce, ask them for their recommendation. They will be able to tell you if they had a good experience with their lawyer or not.
  5. Do your

Mutual Divorce Formate

IN THE HON’BLE COURT OF PRINCIPAL JUDGE, FAMILY COURT, ………..(NAME OF COURTS), NEW DELHI

H.M.A. CASE OF _____/2021

IN THE MATTER OF:

Name of petitioner AGED ABOUT ……. YRS.

S/O …………………………………..

R/O ………………………xxx..xx

NEW DELHI-110043 …PETITIONER NO. 1

AND

(Name of petitioner ) , AGED ABOUT —-yrs.

W/O………………………xxxxxxx,

D/O…………………………………..(name of father ),

R/O …………………….(Address) …PETITIONER NO. 2

 P.S.(Police Station Name….. )

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY MUTUAL CONSENT UNDER SECTION 13-B(1) OF THE HINDU MARRIAGE ACT, 1955, AS AMENDED BY THE MARRIAGE LAWS (AMENDMENT ) ACT, 1976.

MOST RESPECTFULLY SHOWETH:

  1. That both the petitioners are permanent residents of the address mentioned hereinabove.
  2. That the parties to the petition were married as per Hindu rites and ceremonies on ——– at That the age, status and place of residence of the petitioner No.1 and the petitioner no.2 at the time of marriage and at the time of filling of the present petition are as follows:

 PETITIONER NO. 1- Husband

StatusAgeAddress
Before the marriageHindu Unmarried
At time of filing the petitionMarried

PETITIONERNO. 2- WIFE

StatusAgeAddress
Before the marriageHindu

unmarried

At the time of filing the petitionHindu

Married

  1. That few months after the marriage some difference arose between the petitioners and due to difference inter-se amongst themselves and because of temperamental incompatibility, the petitioners could not adjust with each other and resultantly the marriage has totally broken down and the parties separated house but separately from each other and there has been no resumption of any matrimonial ties between the parties. The parties to the petition have not cohabited with each other since…………..
  2. That petitioner no.2 filed a complaint, FIR No.1232 u/s ——-dated 25.12.2020 was registered against petitioner no.1 in P.S. —————–and both mutually decided not to live together as husband and wife. It is pertinent to mention no child is born from this wedlock.
  3. That all the efforts have been made by the parents and another relative of both the parties to reunite both parties but the same has been completely failed and the parties have been same temperamental differences, hence the marriage is not as workable and there is no chance to resume the marital relations between them, as such the marriage between the parties has become the dead horse as such the parties have decided voluntarily to seek the divorce by mutual consent.
  4. That petitioner no.1 agreed to withdraw the above mentioned FIR No.——– dated ——- which was filed against the petitioner No.2
  5. That both the parties to the petition have settled all their claims and dispute mutually and amicably regarding maintenance, permanent alimony, istridhan, jewellery, gift and other articles on the terms and condition appearing copy of settlement attachment as annexure.A

CLAIMS OF PARTIES

That as per aforesaid “Settlement Terms and Condition” the parties agrees follows:

AT THE TIME OF FIRST MOTION

Both the parties shall make their respective statements before the Hon’ble Court in terms of settlement of their disputes and decision to live separately and shall withdraw all the allegations made against each other;

Both petitioners agrees to perform as per the settlement of the———-

AT THE TIME OF THE SECOND MOTION

  • That the petitioner no 1 and petitioner no 2 shall again make their statements before the Hon’ble Court.
  • As agreed in the settlement “Terms and Conditions” at the time of 1st motion both parties shall fulfil their commitments.

NO OTHER CLAIMS:

(a) It has also been agreed between the parties that the parties under no circumstances shall initiate any other case police complaints /criminal case or complaint before the Crime against woman(CWC)against each other.

(b) It has also been agreed between the parties that no claim is left against each other of any nature whatsoever. The petitioner no 2 shall not claim any right titled or interest over the assets whether joint or separate possession by the petitioner no 1 or his family and shall also have no right to claim any interest over the proceeds of any alienation made in that respect.

LEGAL SUBMISSIONS:
  1. That the mutual consent of both the parties has not been obtained by force, fraud, coercion or undue influence.
  2. That the present petition has not been presented in collusion with each other.
  3. Further that there is no unnecessary or improper delay in filling of the present petition.
  4. That there has been no other litigation between the parties.
  5. That there is no reason or ground whatsoever which may legally debar the relief prayed for from being granted.
  6. finally That the requisite court fee has been affixed on the petition.
JURISDICTION:

That the marriage of the parties was solemnized in Delhi and the parties are residing in the Jurisdiction of this Court and hence this Hon’ble Court has jurisdiction to try and entertain the present petition.

PRAYER

The Petitioners, therefore pray that the Hon’ble Court may be pleased to:

  • Dissolve the marriage between the parties by a decree of divorce by mutual consent as provided under 13B(1) of the Hindu Marriage Act, 1955.
  • To pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstance of the present case in the interest of justice.

Place: New Delhi

Dated:

(Petitioner no.1) (Petitioner no.2 )

Through: Through (Advocate name) (Advocate Name)

Conclusion

If you are considering a divorce, then it is important to have an experienced divorce lawyer on your side. At the Divorce Lawyer, we understand the ins and outs of divorce law and can help you navigate the process. We also know that every divorce is different, which is why we offer personalized advice for each client. Contact us today to schedule a consultation with one of our experienced divorce lawyers.

Vikas Shukla is a lawyer and writer of blog. He writes on various law topics like crime, civil, recovery and family matters. He is a graduate in law who deals and practices with criminal matters, civil matters, recovery matters, and family disputes. He has been practicing for more than 5 above years and has cases from all over India. He is honest and hardworking in his field. He helps people by solving their legal problems. His blog provide valuable insights about law topics which are helpful for people.

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2 thoughts on “Mutual Divorce”

  1. The most generous creation in this field. A great informative and effective work which provides the optimum contentment.

    Super……

    Reply

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