Mutual Divorce

Marriage is seen as a sacred relationship for life; it is a connection of two families, not simply two people. Nonetheless, it is a relationship between two individuals, and because no human being is faultless, it is quite likely that two people will not feel compatible enough to live together for the rest of their lives. As a result, even in nations where marriages are thought to be created in heaven, the number of divorces is rapidly increasing. In these cases, it is usually preferable for a couple to divorce by mutual consent in order to prevent more arguments, time, and money.

A mutually consenting divorce is covered under Section 28 of the Special Marriage Act of 1954. In order to obtain a divorce by mutual agreement, the parties must have lived apart for at least a year and decide to divorce close to the end of the marriage. They must not be fulfilling their marital duties. The couple must be unable to save their marriage, and filing for divorce jointly does not imply amicability. However, consent must be freely given. The court may approve the divorce if the parties file a motion within 18 months of the petition\’s 6-month period and it is not withdrawn.

Documents required for Mutual Divorce:

The following documents are required for Mutual Divorce U/s 28 of the Special Marriage Act, 1954.

1. Aadhaar Card of both the Husband and Wife.

2. Original Marriage Certificate.

3. Recent Passport size Photo of both the Husband and Wife.

Step by step process for Mutual Divorce:

Step 1 – Drafting of Mutual Divorce Petition.

Step 2 – Filling of Divorce Petition.

Step 3 – Appearance and Reconciliation.

Step 4 – Final hearing of Petition.

The following is a sample of Mutual Consent Petition for Decree of Divorce under Section 28 of the Special Marriage Act (Mutual Divorce):

Free format for Mutual Divorce U/s 28 of Special Marriage Act, 1954.

DISTRICT :  __________________

IN THE COURT OF LD. DISTRICT JUDGE AT _____________

Ref :- MATRIMONIAL  SUIT NO :                         /202___.

IN THE MATTER OF :

AN APPLICATION FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT UNDER SECTION 28 OF THE SPECIAL MARRIAGE ACT, 1954 AMENDED UPTO DATE.

A  N   D

IN THE MATTER OF :

SMT. _______________________,

daughter of __________, Wife of Sri _________, presently residing at ____________, Post Office – ……….  & Police Station –  ……….. , Pin – _______ , in the State of __________.

…. Petitioner No. 1/ Wife

A  N   D

 IN THE MATTER OF :

SRI ________________________ ,

Son of ______________________ , presently residing at ____________________ , Post Office – ……… & Police Station – ……… , Pin – ……   , in the State of ______________________ .

…. Petitioner No.  2/ Husband

The humble petition of the Petitioner Nos. 1 and 2 above named:

MOST RESPECTFULLY SHEWETH :-

  1. THAT your petitioner Nos.1 and 2 above named are peace loving and law abiding citizens of India and they are residing at their respective addresses mentioned above.
  2. THAT your petitioner Nos. 1 and 2 above named are legally married consorts. The registration of the said marriage was held on ____.______.20___ in accordance with the Special Marriage Act, 1954 Marriage Registrar namely, before the Mr./Mrs._____________, of Address___________, having Certificate Serial No. _______ , dated ____.____.20____, having Notice serial No. ______, dated ____/____/20___, in presence of their family members.
  3. THAT after marriage both of your Petitioner Nos.1 and 2 above named started to live their life as a husband and wife respectively at _______, Post Office – ______ & Police Station – _______ , Pin – _______ , in the State of West Bengal wherein their marriage was duly cohabitated.
  4. THAT the marriage between the parties herein duly cohabited and resultant of the said Wedlock no child was born.
  5. THAT within the few days of their marriage, the relationship in between the Petitioner Nos.1 and 2 above named had been slowly but firmly dwindling owing to the diametrical differences in between them as to their tastes, habits, temperaments, thoughts, culture etc.
  6. THAT the deterioration of the said relationship resulted in indifferent attitude on the part of your Petitioner Nos. 1 and 2 above named and both of them tried to reconcile that matter but all of their efforts appeared to be fruitless as thereafter the same reached to its highest stage resulting in a hot conversation and quarrel and then in order to avoid further deterioration in their connubial relation and disquiet and to keep up their self- reputation they, out of their free will and accord, mutually separated on and from ______day of _______, 20____ and since then they have never turned to each other and since then they have been residing at their respective addresses hereinbefore mentioned.
  7. THAT since ____.___20___ which is about more than one year has passed and parties to the suit have realized that due to their different tastes, temperaments, they can’t adjust or reconcile with each other, so, there is remote possibility that the parties to live together and further under the same roof as husband and wife and the marriage between the parties has broken down completely.
  8. THAT the parties have further realized that in this context of their respective different ideas and ways of life style. It will be absolutely unjust, improper and ineffectual to continue with the matrimonial relationship between the parties any further. Accordingly both the petitioners have mutually decided to dissolve their marriage by a decree of divorce on mutual consent and the petitioners herein jointly decided to file an application Under Section 28 of the Special Marriage Act., 1954.
  9. THAT the parties have compromised all their disputes and have decided to seek divorce by mutual consent.
  10. THAT Your Petitioners state that they do not have any claim against each other and the petitioners shall not claim anything from each other in future also.
  11. THAT your petitioners state that they do not have any allegation against each other and they shall not bring any allegation against each other in future also.
  12. THAT the petitioners submit that in the circumstances the petitioners are entitled to get a decree of divorce by mutual consent by dissolving their said marriage.
  13. THAT the petitioners state that the consent of the parties has not been obtained by force, fraud or undue influence nor there is any collusion or convenience between the parties in the matter of presentation of the instant petition.
  14. THAT the relation between the petitioner No. 1 and the petitioner No. 2 has irretrievably broken and there is no possibility of future reconciliation.
  15. THAT both the parties shall have no other claim and/or demand whatsoever against each other.
  16. THAT there is no legal impediment for granting a decree of divorce on mutual consent as prayed for.
  17. THAT the cause of action arose firstly on 03.2008 i.e. the very date of registration of marriage between the parties and has been continuing through a long span of time and on different dates and lastly on ___.____20____, when both the parties herein lastly resided together at ______, Post Office – _____ & Police Station – _____ , Pin – _____ , in the State of ______.
  18. THAT this Ld. Court has got the jurisdiction to try and adjudicate the instant petition.
  19. THAT the Jurisdiction and Court fees of the suit is valued at Rs. Nil and fixed Court fees is paid herewith.

It is therefore humbly prayed that this Ld. Court may graciously be pleased to dissolve the marriage dated ____.___.20__ according to the Provisions of Special Marriage Act, 1954 (as amended upto date) which was performed by and between your petitioners by a decree of divorce in mutual consent filed under Section 28 of the Special Marriage Act, 1954 (as amended upto date) on the basis of this petition, which may be made a part of this decree and such other order or orders as the Ld. Court may deem fit and proper.                            

AND

For this act of kindness your petitioner as in duty bound shall ever pray.

VERIFICATION

I, SMT. _______, aged about ___ years, daughter of ________, Wife of Sri ______, by faith – ______, by nationality – Indian, by occupation –  _______ , presently residing at _____________, Post Office – ________  & Police Station –  ___________ , Pin – _________, in the State of _________, being the petitioner No.1 above named, do hereby declare and verified the statements contents in this joint petition are true to my knowledge and belief and I sign on this verification at the ________ Court premises _______ day of __________, 20____.

Prepared by me

Signature of the Petitioner No. 1

           Advocate

VERIFICATION

I, SRI ____________, aged about ____ years, Son of Ajoy Kumar Sengupta, by faith – ____, by nationality – Indian, by occupation – ________  , residing at _____________, Post Office – ________ & Police Station – _________ , Pin – _________   , in the State of _________ , being the petitioner No. 2 above named, do hereby declare and verified the statements contents in this joint petition are true to my knowledge and belief and I sign on this verification at the Alipore Court premises _____ day of _________, 20___.

Prepared by me

Signature of the Petitioner No. 2

        Advocate

AFFIDAVIT

I, SMT. ______________, aged about ___ years, daughter of ____________, Wife of Sri _____________ , by faith – _______, by nationality – Indian, by occupation –  ________ , presently residing at ________________ , Post Office – _________  & Police Station –  ________ , Pin – ________ , in the State of __________ , being the petitioner No. 1 herein, do hereby solemnly affirm, say and declare as follows:-

  1. I am the petitioner No. 1 in the instant application. I am well acquainted with the facts and circumstances of this application.
  2. That the statements made in paragraph 1 to 19 are true to my knowledge and belief and the prayer portion are my respectful submission before this Ld. Court and I have not suppressed anything in the matter
  3. I sign on this affidavit on this _______ day of __________, 20____ at the ________ Court premises.

Prepared by me

Signature of the Petitioner No. 1

       Advocate

AFFIDAVIT

I, SRI _____________, aged about ________ years, Son of _________ , by faith – _______ , by nationality – Indian, by occupation – ___________  , residing at ___________ , Post Office – ________ & Police Station – __________ , Pin – ___________   , in the State of _________ , being the petitioner No. 2 herein, do hereby solemnly affirm, say and declare as follows:-

  1. I am the petitioner No. 2 in the instant application. I am well acquainted with the facts and circumstances of this application.
  2. That the statements made in paragraph 1 to 19 are true to my knowledge and belief and the prayer portion are my respectful submission before this Ld. Court and I have not suppressed anything in the matter
  3. I sign this affidavit on this _________ day of __________ , 2022 at the _______ court premises.

Prepared by me

Signature of the Petitioner No. 2

       Advocate

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