To provide divorce by mutual consent as per section 13b under hindu marriage act 1955

rameshdtss (Querist) 23 May 2015 This query is : Resolved
Sir/Madam,

I am first year student of Law.

I written one notice letter for opposite party to provide their consent on mutual divorce, the marriage was solemnized as child marriage.

So, kindly guide me that the draft made by me correct or incorrect.

please share with me your experience.

kindly find below draft
=========================================
SUBJECT : To Provide Divorce by Mutual Consent as per Section 13B Under Hindu Marriage Act 1955

1. Mrs. ABC XYZ, decided to annul her marriage which was solemnized in her “Child” age, the date of solemnization was April 21, 2005 and at the present time, the age of Mrs. ABC and Mr. DEF are 22 and 30 respectively. The date of birth of Mrs. ABC is May 07, 1993 stated on Adhaar Card and Voter ID. The marriage was solemnized by Mr. XYZ at Village------------------, District------------ and State-----------.

2. Pursuant to Hindu marriage act 1955 A marriage may be solemnized, if, the bridegroom has completed the age of [twenty-one years] and the bride, the age of [eighteen years] at the time of the marriage.

3. At the time of marriage, father of ABC, XYZ, allegedly, spent a lot of money and had given the dowry of Rs. 200000/ as well as made the 25 gram gold chain and two 8 gram gold rings for the bridegroom. After the marriage XYZ conveyed to Mother of DEF that ABC is not mature so subsequent to complete her age of eighteen year. According to XYZ, he gave to his daughter at the time of her marriage articles beyond his capacity, but the family members of the DEF were not pleased with the amount of dowry given and, therefore, they used to harass ABC.

4. With reference to above matter, the cast panchayat of her Village-------------, Distrct-------------- and State-----------------, had not only threatened to ostracize the family but also slapped a penalty of Rs 2.75 lakh, if she proceeded with annulment. XYZ had arranged the above amount from his village @ 2 % PM interest and paid to her village panchayat on April 15, 2015 for annulment of marriage.

5. The marriage was solemnized by both family, is void as per the child marriage Act 2006 and Hindu marriage Act 1955. So, give the mutual divorce to ABC and return back all dowry and penalty of above to father of ABC before taking the initiative action against of you/your family. In the event that the divorce not given by you within the one month then moved a family court here to file for an annulment petition.

WXY
(Brother of ABC)

Follow Query

Report Abuse

SAINATH DEVALLA (Expert) 23 May 2015
1st yr law student,dear it is too early to poke UR nose into delicate matters.Better consult a senior advocate in UR place.