Proposed Form for Draft Joint Petition for Divorce

1. Proposed Form for Draft Joint Petition for Divorce

BEFORE THE PRIME JUDGE, FAMILY COURT AT (NAME OF PLACE)

HMA PETITION NUMBER _______ OF 20__
IN ISSUE:
(Husband's name and address)
Plaintiff No. 1
(AND)
(Wife's name and address)
Plaintiff No. 2
PETITION UNDER SECTION 13-B OF HMA FOR DISSOLUTION OF MARRIAGE BY CONSENT
MOST INTELLIGENT SUBMITTED AS BELOW:-

That the present petition is supported by the applicants seeking dissolution of their marriage by mutual consent. The marriage between the parties was solemnized on [DATE] at [TIME], with Hindu ceremonies and rituals. The certificate issued by the __________ Marriage Registrar and the joint affidavit of the petitioners are annexed to this application. The status and residence of the parties at the time of marriage and at the time of filing this application are as follows:
HUSBAND
BEFORE MARRIAGE. Age Address Status
HUSBAND
AFTER MARRIAGE
Age Address Status
MARRY
BEFORE MARRIAGE
Age Address Status
AFTER MARRIAGE
Age Address Status

That after the wedding, the parties lived together as husband and wife at [LOCATION]. Unfortunately, after getting married, the two realized that there were serious differences in attitude and lifestyle, leading to incompatibility. Therefore, the two parties to the petition have separated as of [DATE]. The reality is that the parties were unable to adapt to each other due to differences in temperament and their marriage was irretrievably broken down and it is now no longer possible for the parties to live together as husband and wife. That there is no issue outside the parties' marriage. (or describe the names, ages, and dates of birth of the children and describe the child custody agreement between the couple).

That all attempts at reconciliation between the parties to continue the current marriage have failed and there is no longer any chance of reconciliation between the parties. That the parties have been residing separately since [Mention period] and that the parties have not had a cohabitation since then. That the parties realize that there is no chance of reconciling their differences on any subject and have finally decided to separate by initiating divorce proceedings by mutual consent and application Currently it is not due to collusion. That the parties have resolved all claims, counterclaims, etc. and the respondent-wife received full Stridhan, permanent alimony, alimony etc. and there is currently no arrears in respect of any other claim between the parties. (If the complaint is not resolved, mention the terms and conditions of settlement).

That there are no other divorce proceedings pending before any other court. Because the parties' common home is at [LOCATION], this Court has the authority to issue a divorce decision upon request. That there is no legal obstacle to granting a divorce decree to the parties on the basis of mutual consent.

2. PRAY 

We respectfully pray that the court accepts this petition and issues a divorce decision between the parties, thereby resolving the marriage between the parties.
Any other order which the court considers fit and proper having regard to the facts and circumstances of the present case shall also be made in favor of the applicant.
Plaintiff No. 1 Plaintiff No. 2

3. VERIFICATION

Verified that the content of para nos. Numbers 1 to 8 are true and correct to the best of my knowledge, knowing the facts of the case and the content of paragraph no. Arguments 9 through 12 are legal arguments that are presumed to be correct with the advice of a lawyer. No part is wrong and nothing relevant is hidden.
[LOCATION]
DAY:
Plaintiff No. 1 and Plaintiff No. 2

Q&A

Question 1: What is divorce?

Answer 1: Divorce is a legal process that formally ends a marriage or marital union, allowing both spouses to go their separate ways and regain their single status.

Question 2: What are the common grounds for divorce?

Answer 2: Common grounds for divorce include irreconcilable differences, adultery, abandonment, cruelty, substance abuse, and incompatibility, depending on the laws of the jurisdiction where the divorce is filed.

Question 3: How is property typically divided in a divorce?

Answer 3: Property division in divorce varies by jurisdiction, but it generally involves equitable distribution, meaning assets and debts are divided fairly but not necessarily equally. Spouses may agree on property division or rely on the court to decide.

Question 4: What is a divorce settlement agreement?

Answer 4: A divorce settlement agreement is a legally binding document that outlines the terms of divorce, including property division, spousal support, child custody, visitation, and child support. It is often negotiated and agreed upon by both spouses with the help of attorneys or mediators.