Petition for Dissolution of Marriage (Divorce)

Under the H.M. Act, a divorce petition can be filed under Sec. 13 on various grounds, viz. Adultery
[Sec. 13 (1) (i)]; Cruelty [Sec. 13 (1) (i-a)]; Desertion [Sec. 13 (1) (i-b)]; etc. It is important to note that
as per Sec. 14 of the Act, a petition for divorce cannot be filed within one year of the marriage.

In cases of 'Cruelty', specific acts of cruelty (physical or mental; conscious actions or omissions) must
be pleaded in the petition to enable the opposite party to meet those allegations. Vague allegations
are not sufficient unless details are given in the pleadings.

In cases of 'Desertion', a desertion for a continuous period of two years immediately preceding
presentation of petition is necessary for filing divorce. Even if physical separation is not there and
only a mental act is present still it amounts to desertion. What is important is the lack of
cohabitation between the parties.

In cases of 'Adultery', voluntary sexual intercourse by the respondent outside the wedlock gives rise
to a ground of divorce. Even a single act of adultery is sufficient to claim divorce. The adulterer is to
be impleaded as a co-respondent. Adultery is difficult to prove, thus the petitioner must bring all
facts on record in the petition.

In divorce petitions, it is necessary that the party claiming divorce himself/herself was not guilty viz.
has not in any manner been accessory to or connived at or condoned the acts of cruelty complained
of. Further, there should not be any collusion between the parties.

Defence.

In a petition for divorce (or judicial separation or nullity), the defence may consist either of a denial
of the allegations against the respondent or of a plea that the facts alleged do not amount to a
statutory ground for the petition. A plea of desertion may be countered by a plea that the
petitioner's own cruelty had compelled the respondent to live apart and that there was no animus
deserendi.
 PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..), DELHI

HMA PETITION NO. ________ OF 2017

IN THE MATTER OF: X___________________

S/O
R/O … PETITIONER

VERSUS

Y____________________

W/O

R/O …RESPONDENT

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE UNDER SECTION 13 OF THE

Most Respectfully Showeth:

1. That the marriage was solemnized between the parties according to Hindu rites and ceremonies
after the commencement of the Hindu Marriage Act on_______ at _________.The said marriage is
registered with the Registrar of marriage. A certified copy of the relevant extract from the Hindu
Marriage Register………….is filed herewith.

2. That the status and place of residence of the parties to the marriage before the marriage and at
the time of filing the petition are as follows:

Husband Wife Status Age Place of Residence

i. Before marriage
ii. At the time of filing the petition

(Whether a party is a Hindu by religion or not is as part of his or her status).

3. (In this paragraph state the names of the children, if any, of the marriage together with their sex,
dates of birth or ages).

4. That the respondent…….(one or more of the grounds specified in section 13 may be pleaded here.
The facts on which the claim to relief is founded should be stated in accordance with the Rules and
as distinctly as the nature of the case permits. If ground as specified in clause (i) of Section 13 (i) is
pleaded, the petitioner should give particulars as nearly as he can, of facts of voluntary sexual
intercourse alleged to have been committed. The matrimonial offences/offences charged should be
set is separate paragraphs with the time and places of their alleged commission.)

5. (Where the ground of petition is on the ground specified in clause (i) of sub-section (1) of Section
13. The petitioner has not in any manner been accessary to or connived at or condoned the acts(s)
complained of).

6. (Where the ground of petition is cruelty). The petitioner has not in any manner condoned the
cruelty.
7. That the petition is not presented in collusion with the respondent.

8. That there has not been any unnecessary or improper delay in filing the petition.

9. That there is not other legal ground why relief should not be granted.

10. That there have not been any previous proceedings with regard to the marriage by or on behalf
of any part.

Or

There have been the following previous proceedings with regard to the marriage by or on behalf of
the parties:

Serial Name of Nature of Number Name Result Parties Proceedings with and year of and location
Section of that Act the case of court

(i)

(ii)

(iii)

(iv)

(Choose whichever is applicable to the facts)

11. That the marriage was solemnized at……………. The parties last resided together at………… The
parties are now residing at………………… (Within the local limits of the ordinary original jurisdiction of
this Court.)

12. That this Hon’ble Court has jurisdiction to try and entertain this petition

PRAYER:

In view of the above facts and circumstances, it is, therefore, most respectfully and humbly prayed
that this Hon’ble Court may be pleased to grant a decree of divorce under Section 13 of HMA in
favor of petitioner.

Any other relief/order/Direction this Hon’ble Court may deem fit in the interest of justice and equity.

PETITIONER

THROUGH

ADVOCATE

VERIFICATION:

The above named petitioner states on solemn affirmation that paras 1 to_____of the petition are
true to the petitioner’s knowledge and paras_____ to ______ are true to the petitioner’s
information received and believed to be true by him/her. Verified at____________________ (Place)
Dated_____________________________

PETITIONER
PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY MUTUAL CONSENT

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT (DISTT..),DELHI

HMA PETITION NO. _______ OF 2017

IN THE MATTER OF:

X______________________ … PETITIONER NO. 1

AND

Y_______________________ … PETITIONER NO. 2

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY MUTUAL CONSENT

Most Respectfully Showeth:

1. That a marriage was solemnized between the parties according to Hindu rites and ceremonies
on______(date) at__________(place). A certified copy of the relevant extract from the Hindu
Marriage Register is filed herewith. An affidavit, duly attested stating these facts is filed herewith.

2. That the status and place of residence of the parties to the marriage before the marriage and at
the time of filing the petition are as follows:

Husband Wife Status Age Place of Status Age Place of Residence Residence

Before marriage

At the time of filing the petition

(Whether a party is a Hindu by religion or not is as part of his or her status).

3. (In this paragraph state the place where the parties to the marriage last resided together and the
names of the children, if any, of the marriage together with their sex, dates of birth or ages.)

4. That the parties to the petition have been living separately since______ and have not been able to
live together since then. (In few paragraphs, mention the reasons for not being able to live together.
In case there is a settlement between parties, the same can also be mentioned).

5. That the parties to the petition have mutually agreed that their marriage should be dissolved.

6. That the mutual consent has not been obtained by force, fraud or undue influence.

7. That the petition is not presented in collusion.

8. That there has not been any unnecessary or improper delay in instituting the proceedings.

9. That there is no other legal ground why relief should not be granted.

10. That the petitioners submit that this Court has jurisdiction to entertain this petition. (Mention
how the court has jurisdiction to entertain the petition).
PRAYER:

In view of the above facts and circumstances, it is, therefore, most respectfully and humbly prayed
that this Hon’ble Court may be pleased to grant a decree of divorce on mutal consent thereby
dissolving the marriage between petitioner No. 1 and Petitioner No. 2 on the ground of mutual
consent.

PETITIONER NO. 1

PETITIONER NO. 2

THROUGH

COUNSEL

VERIFICATION:

The above named petitioner states on solemn affirmation that paras 1 to_____.of the petition are
true to the petitioner’s knowledge and paras______ to______ are true to the petitioner’s
information received and believed to be true by him/her.

Verified at_________________(Place)

Dated___________________________

PETITIONER NO. 1

PETITIONER NO. 2