IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
SAKET DISTRCIT COURTS
HMA PETITION NO. ______/2017
IN THE MATTER OF:
Petitioner No. 1
AND
Petitioner No. 2
PETITION FOR DISSOLUTION OF MARRIAGE BY
MUTUAL CONSENT UNDER SECTION 13-B (1) OF THE
HINDU MARRIAGE ACT, 1955 AS AMENDED UPTO DATE
THE PETITIONERS AFORESAID MOST RESPECTFULLY
SUBMITS AS UNDER:
1. That the marriage between Petitioner No. 1 & 2 was
solemnized according to Hindu rites and ceremonies on
23.12.2013 at Delhi.
2. That the said marriage was consummated thereafter and the
parties co-habited as husband and wife at the matrimonial
home i.e. ________ (Mumbai).
3. That the marriage of the Petitioner No. 1 & 2 was duly
registered in the office of Registrar of Marriages __________
and the certificate was issued by the said Registrar office
which is duly annexed with this Petition.
4. That the status, age and place of residence of Petitioner No.
1 & 2, before and at the time of filing this petition were/are
as under:
PETITIONER NO. 1/HUSBAND
Status Age Place of Permanent
Residence
At the time Unmarried
of marriage.
At the time Married
of filing this
petition.
PETITIONER NO. 2/WIFE
Status Age Place of Permanent
Residence
At the time Unmarried
of marriage.
At the time Married
of filing this
petition.
5. That no child was born out of the said wedlock.
6. That the parties last resided together as husband and wife
at ADDRESS . Since ___ 2016, owing to various
differences and temperamental incompatibility, the parties
have decided to live separately from each other and from
more than 1 year i.e. from _____ 2016 till today both the
parties are staying separately in their respective homes.
7. That the marriage between the parties has broken down
irretrievably and there is no chance of reconciliation 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 and eventually both the
parities decided that they cannot live together as husband
and wife anymore.
8. That in view of the above the terms and conditions of
present divorce petition by mutual consent are as follows:
i. The parties have settled all their claims, counter claims etc.
and the Petitioner No. 2 wife has received her entire
Stridhan, Permanent alimony, maintenance etc. and there
are no dues with regard to any other claim between the
parties now.
ii. That after the presentation of the present petition either
party to the petitioner shall have no further claim / right
against any movable or immoveable property of either party.
iii. That both the parties have mutually agreed that after the
presentation of the instant petition both the parties shall
withdraw cases (civil or criminal) pending, if any, against
each other.
iv. That it has been further mutually agreed that both the
parties before this Hon’ble Court shall complete all the
formalities till the final order of Decree of Dissolution of
Marriage by mutual consent passed by this Hon’ble Court.
v. That both the Parties shall assist each other in prudently
pursuing the petition for dissolution of marriage by mutual
consent and shall appear in the concerned Court as and
when necessary and required to record necessary
statements as per law in getting the decree of Divorce by
mutual consent.
9. That both the parties shall have on satisfaction of
aforementioned terms no further claims whatsoever against
each other from this day onwards and terms aforementioned
are binding on them. Either party to this petition who denies
or fails to abide by the aforementioned terms will liable to be
prosecuted by the other party.
10. That this petition is presented voluntarily and with mutual
consent without any Fear, Pressure, Force, Fraud, Undue
Influence, Coercion in the presence of members of the family
/ relative.
11. That the present petition is presented bona fide and not in
collusion and connivance between the parties to the petition.
12. That the Petitioner No. 1 and the Petitioner No. 2 both last
resided together at their matrimonial home at ADDRESS
and the marriage between the parties was solemnized at
Delhi. Therefore, this Hon’ble Court has the requisite
territorial jurisdiction to entertain the instant petition and
grant the reliefs prayed for.
13. That the value of the petition for the purposes of court fee
and jurisdiction is fixed upon and proper court fee has been
paid thereon.
14. There is no impediment or hindrance in allowing the present
petition in favour of both the parties to this petition.
PRAYER
In light of the above, it is most respectfully and humbly
prayed that this Hon’ble Court may graciously be pleased to:
a. Dissolve the marriage between the Petitioner No. 1 and the
Petitioner No. 2 by decree of divorce by mutual consent
under Section 13-B (1) of the Hindu Marriage Act, 1955 as
amended upto date.
b. Pass any other or further order(s) as this Hon’ble Court may
deem fit and proper in the facts and circumstances of the
case.
AND FOR THIS ACT OF KINDNESS AND JUSTICE, THE
PETITIONERS SHALL AS IN DUTY BOUND FOREVER PRAY.
Petitioner No. 1
Petitioner No. 2
Through
Advocate
New Delhi
Dated:
SN
VERIFICATION:
We, the Petitioner No. 1 & 2 aforesaid do hereby verify that the
contents of paragraphs 1 to 11 of the Mutual Divorce Petition
are true and correct to our knowledge while paragraphs 12 to
14 of the Plaint are based on the legal information/advice
received by us and believed to be true and correct. The last
paragraph is the prayer made to this Hon’ble Court.
Verified at New Delhi on this day of October, 2017
Petitioner No. 1
Petitioner No. 2
Through
Advocate
New Delhi
Dated:
SN
IN THE COURT OF PRINCIPAL JUDGE, FAMILY
COURT, DISTRICT COURTS, SAKET
HMA PETITION NO. ______/2017
IN THE MATTER OF:
Petitioner No. 1
AND
Petitioner No. 2
AFFIDAVIT
I______________________________________________S/O________
______ R/O_______________________________________________
do hereby solemnly affirm and declare as under:
1. That I am the Petitioner No. 1 in the aforesaid petition,
as such am fully conversant with the facts of the case and
hence I am competent to swear this affidavit.
2. That I have read and understood the contents of the
accompanying petition for Dissolution of the marriage by
mutual consent under Section 13-B (1) of the Hindu
Marriage Act, 1955 between the Petitioner No. 1 and the
Petitioner No. 2 and I state that the same are true and
correct to my knowledge and belief and nothing material fact
has been concealed therefrom.
DEPONENT
VERIFICATION:
Verified at ____ on this ____day of ______ that the contents of
my above affidavit are true and correct to my knowledge and
nothing material fact has been concealed therefrom.
DEPONENT
IN THE COURT OF PRINCIPAL JUDGE, FAMILY
COURT, DISTRICT COURTS, SAKET
HMA PETITION NO. ______/2017
IN THE MATTER OF:
Petitioner No. 1
AND
Petitioner No. 2
AFFIDAVIT
I______________________________________________D/O________
______ R/O_______________________________________________
do hereby solemnly affirm and declare as under:
1. That I am the Petitioner No. 2 in the aforesaid petition,
as such am fully conversant with the facts of the case and
hence I am competent to swear this affidavit.
2. That I have read and understood the contents of the
accompanying petition for Dissolution of the marriage by
mutual consent under Section 13-B (1) of the Hindu
Marriage Act, 1955 between the Petitioner No. 1 and the
Petitioner No. 2 and I state that the same are true and
correct to my knowledge and belief and nothing material fact
has been concealed therefrom.
DEPONENT
VERIFICATION:
Verified at ____ on this ____day of ______ that the contents of
my above affidavit are true and correct to my knowledge and
nothing material fact has been concealed therefrom.
DEPONENT
