Proforma Format : Mutual Consent Divorce Agreement for Mutual Consent Divorce

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.

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 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 Calcutta. 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.