A PROJECT

ON
DRAFT OF PETITION FOR DIVORCE

[Submitted as a partial fulfillment of the requirements for B.A. L L.B (HONS) 5

Year Integrated Course]
Session: 2023-2024

Submitted On: 30 September, 2023

Supervised By: Submitted By:

Mr. Dinesh Yadav Muskan

Faculty- Drafting and Pleadings Semester- IX (A)

Roll No. - 59
University Five Year Law College

University of Rajasthan

Jaipur

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 DECLARATION

I, Muskan, hereby declare that this project titled “DRAFT OF PETITION FOR DIVORCE”
is based on the original research work carried out by me under the guidance and supervision of
Mr. Dinesh Yadav.

The interpretations put forth are based on my reading and understanding of the original texts.
The books, articles and websites etc. which have been relied upon by me have been duly
acknowledged at the respective places in the text.

For the present project which I am submitting to the university, no degree or diploma has been
conferred on me before, either in this or in any other university.

Date: 30 September, 2023 Muskan

Semester-IX (A)

Roll No. 59

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 CERTIFICATE

Mr. Dinesh Yadav Date: 30 September, 2023

Faculty

University Five Year Law College

University of Rajasthan, Jaipur

This is to certify that Muskan student of semester IX-A of university Five Year Law
Collage, University of Rajasthan, Jaipur has carried out the project entitled, “DRAFT OF
PETITION FOR DIVORCE” under my supervision and guidance. It is an investigation report
of a minor research project. The student has completed research in my stipulated time and
according tothe norms prescribed for the purpose.

SUPERVISOR

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 ACKNOWLEDGEMENT

I have written this project entitled, “DRAFT OF PETITION FOR DIVORCE” under the
supervision of, Assistant Professor, Mr. Dinesh Yadav University Five Year Law College,
University of Rajasthan, Jaipur. His valuable suggestions herein have not only helped me
immensely in making this work but also in developing an analytical approach this work.

I found no words to express my sense of gratitude for Director Dr. Akhil Kumar, and Dy.
Director Dr. Sandeep Singh and Dr. Ghanshyam Bera constant encouragement at every step.

I am extremely grateful to librarian and library staff of the college for the support and
cooperation extended by them from time to time.

Muskan

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 TABLE OF CONTENTS

S.NO. TITLE PAGE NO.

1 Declaration 2

2 Certificate 3

3 Acknowledgement 4

4 Objective 6

5 Research Methodology 6

6 Research Questions 6

7 Chapter 1: Introduction 7

8 Chapter 2: Process of Filing a Divorce Petition 8-9

9 Chapter 3: Format of Divorce Petition 10-12

10 Bibliography 13

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 OBJECTIVE
Through this project the researcher aims to study DRAFT OF PETITION FOR DIVORCE.

RESEARCH METHODOLOGY

Doctrinal sources of data have been evaluated for constituting this project work “Conjunctive
and Disjunctive Enactments” for analyzing and accessing secondary data. The aim of this work
to contribute in knowledge existing already on this topic has been pursued by a thorough study
of existing published content by the learned researchers.

RESEARCH QUESTIONS
Q. What is the process of filing divorce petition?
Q. format of divorce petition?

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 CHAPTER-1

INTRODUCTION

A petition is a written request made in the form of an appeal, generally before a court. A
petition may be made by an individual, a group of individuals, or an organisation. A
petitioner files a request against a respondent in a case. An order of the court is sought on the
matter petitioned seeking relief for the petitioner.
A petition can be filed by any person, be it an individual or an organisation. A petition
represents the interests of the public at large, an organisation, or a subsection of the public.
The petition can challenge a law framed by the Parliament on various legal grounds. The
courts, however, have the right to either accept the petition and fix a date for a hearing or
reject the petition.
Marriage is a social legal contract between a spouse who expects to live with each other for
the rest of their lifetime. A ceremony is arranged to establish that they have taken a decision
to live together. It is believed that those ceremonies will increase their bond. In our life
everything doesn't happen as we planned. There are couples who would like to end their
marriages. They may have physical or mental problems in which leads them to take this
decision.
These decisions may be mutual or from one side alone. For such terminations, they approach
court expecting a legal dissolution of their marriage. We call that as Divorce. There are two
types of divorce mutual divorce and contested divorce. But court can't grant divorce for every
person who claims for it. There is a procedure for everything. We have these procedures
because marriage is not only about two people.

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 CHAPTER-2
Process to File a Mutual Divorce Application
For filing a mutual divorce application, you have to consider certain conditions. For
instance, the need for alimony, child custody matters, maintenance of shared properties,
and dividing assets among the couple. Once the couple meets these conditions, they can
begin filing for a mutual divorce application. These are the step-by-step process of filing
for mutual divorce:

File a Petition

The mutual divorce process begins with filing the divorce petition. They can start by filing
for the same at the court where the couple lived, the court where the couple’s marriage was
solemnized, and the court where the wife currently resides. If the couple feels they cannot
live with each other anymore and have further agreed to dissolve their marriage, amicably
can file for a mutual divorce application.

If the husband and wife have been living separately for over a year, they can file for the
same. Moreover, the process should involve the presence of both parties.

Court Hearing and Inspection

The second step of the mutual divorce application is the court hearing and inspection. With
the help of the family lawyers, the couple will appear for the court hearing, and the court
will go over the petition and its supporting documents before the court. It further tries for
the reconciliation of the couple. But if not possible, then the mutual divorce procedure
continues.

Statement Recording

By further scrutinizing the divorce petition by the court, they will pass an order to record
the party’s statements of the couple. This statement can be used for further divorce
proceedings.

First Motion

Once the couple’s statements are recorded, the court passes the first motion. Following this
step, the couple has to wait for 6 months before filing for the second motion. Moreover, the
second movement has to be submitted 18 months after the first motion.

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 Final Hearing

The second motion is the step toward the final hearing. Once the couple files for the
second motion, the couple will go ahead for the final hearing. This process includes the
couple stating their case and further recording the statements in the family court.

Divorce Decree

The procedure reaches the final stage when the couple states that there are no differences
in dissolving the marriage. Further, when the court is satisfied with the proceedings, they
pass the divorce decree and declare that the marriage is dissolved.

Thus, these are the step-by-step procedure for filing the mutual divorce petition.

Filing for a Divorce

The couple can file the mutual divorce petition as per section 13-B of the Hindu marriage
act, 1955. As per section 13-B of the Hindu marriage act, 1955, a couple mutually decides
to file for the divorce with mutual consent. Then, they can file for a mutual divorce
application. Moreover, if the couple is living separately for more than one year, they can
also file a petition for divorce.

Once you file for the divorce petition, the documents’ first draft must be presented in front
of the law. Further, the grounds on which the divorce petition has to be filed must be based
on valid. After the petition is filed, the court will scrutinize it. Further, their statements are
recorded and passed the order for the first motion. Finally, when the court is satisfied with
the proceedings, it will declare the marriage dissolved.

Moreover, once the court finds no inequalities between the couple regarding assets,
children, and alimony, it legally ends the couple’s marriage. Finally, it passes the decree of
divorce. Furthermore, a mutual divorce is the fastest way to get a divorce. Because when
there is mutual consent for the dissolution of the marriage, the procedure will speed up on
its own. Another benefit of the Mutual divorce petition is the six months cooling period. It
opens the possibility of reconciliation.

Further, in case of a change of mind from both sides, they can avoid divorce. But consult
your lawyer for the same as they will suggest what you should do.

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 CHAPTER-3

Format of Divorce Petition

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

HMA PETITION NO. ________ OF 2023

IN THE MATTER OF:

X___________________ …PETITIONER

VERSUS

Y____________________ …RESPONDENT

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE

UNDER SECTION 13 OF THE HINDU MARRIAGE ACT, 1955 (NO 25 OF 1955)

The petitioner prays as follows

1. That a 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. An
affidavit, duly attested stating above facts has also been filed.
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 were as follows:
Husband Wife

Status Age Place of Statue Age Place of

Residence Residence

1. Before marriage
2. 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).

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 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 accessory to or connived at or
condoned the act 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 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 and Name and
Result

Parties Proceedings with Year of case location of

Section of act court

(i)

(ii)

(iii)

(iv)

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

12. That the petitioner submits 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

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

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 BIBLIOGRAPHY

BOOKS:

The law of Pleading, Drafting and conveyancing, Dr. Y.S. Sharma, University Book House

WEBSITES:

1. https://www.legalserviceindia.com/legal/article-3246-divorce-laws-in-india.html

2. https://draft-x.com/divorce-petition/

3. https://vakilsearch.com/blog/file-a-petition-for-divorce/

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