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13 B Petition1

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0% found this document useful (0 votes)
65 views11 pages

13 B Petition1

Uploaded by

Sahil Choudhary
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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IN THE COURT OF HONBLE DISTRICT JUDGE FAMILY COURT,

GURUGRAM
H.M.A PETITION NO. OF 2024
IN THE MATTER OF:
Yash Kumar … PETITIONER
VERSUS
MRS.Vandana … PETITIONER
INDEX
S.NO. PARTICULARS PAGES
1. Memo of
Parties
2. Petition under
section 13b
of HMA
3. Documents
Annexed
4. Vakalatnama

DATED:
PETITIONER

THROUGH COUNSEL
Jagbir Singh
Sahil Chandila
Ankit Nagar
(Advocates)

1
IN THE COURT OF HONBLE DISTRICT JUDGE FAMILY COURT,
GURUGRAM
H.M.A PETITION NO. OF 2024
IN THE MATTER OF:

MEMO OF PARTIES
Yash Kumar S/o Om Prakash
Adhar no- 428836234807
Aged about- 31 years
R/o H.NO. 205/3 Gopal Nagar, near Bus stand
Gurugram.

PETITIONER No. 1
Versus

MRS.Vandana W/o Yash Kumar D/o Vinay Kumar


Adhar no.- 361017735740
Aged about- 28 years
R/o 1603/18 Mehta Nagar Distt. Hisar Haryana.

PETITIONER NO.2

THROUGH COUNSEL
Jagbir Singh
Sahil Chandila
Ankit Nagar
(Advocates)

2
IN THE COURT OF HONBLE DISTRICT JUDGE FAMILY COURT,
GURUGRAM

Yash Kumar S/o Om Prakash R/o H.NO. 205/3 Gopal


Nagar, near Bus stand Gurugram.

PETITIONER No. 1
Versus

MRS.Vandana W/o Yash and D/o Vinay Kumar R/o


1603/18 Mehta Nagar Distt. Hisar Haryana.

PETITIONR NO. 2
PETITION UNDER SECTION 13-B OF HINDU MARRIAGE ACT
1955, FOR DISSOLUTION OF THE MARRIAGE BY A DECREE
OF DIVORCE BY MUTUAL CONSENT

Sir/Madam
The petitioner respectfully submits as under:

1. That both the petitioners named above got married on


27.01.2023, according to Hindu Rites and ceremonies
in the presence of their respective families,
relatives, and friends with great pomp and show at
Gurugram, Haryana. Marriage invitation card and
marriage photographs are annexed as annexure A & B
respectively. The affidavits of both the parties
are attached herewith as to the factum of their
marriage.

3
2. That the age, status and place of residence of the
Parties to the marriage before the marriage and at
the time of filing this petition is given as under:

PETITIONER/HUSBAND

STATUS AGE PLACE OF RESIDENCE


BEFORE HINDU 30 Gurugram, Haryana
MARRIAGE BACHELOR
AFTER HINDU 31 Gurugram, Haryana
MARRIAGE MARRIED

RESPONDENT/WIFE

STATUS AGE PLACE OF RESIDENCE


BEFORE HINDU 27 HIsar, Haryana
MARRIAGE DIVORCED
AFTER HINDU 28 Gurugram, Haryana
MARRIAGE MARRIED

A true copy of Aadhar card of both the Petitioners i.e.


husband and Wife are marked and annexed as ANNEXURE-C .

3. That after the marriage the petitioners started


living together at Gurugram, Haryana as Husband and
Wife and Cohabited with each other and performed
matrimonial obligations with each other.

4. That no child was born, out of the said legal


wedlock of the petitioners.

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5. That both the parties are well educated and are
egoist and are not paying any heed towards each
other and do not respect each other due to
difference in their views.
6. That only one month after the marriage both the
petitioners realised and came to know that it will
not be possible for them to live under the same
roof due to the huge difference in their views,
that both of them decided and told to their parents
and relatives regarding not matching of their
temperaments and views and both the petitioners get
saperated after two months of their marriage and
the petitioner no. 2 left for her parental house
and now both them are living separately since 13
months i.e from 30 March 2023 till today.

7. That all the sincere efforts were made by the


relatives of both of the parties but they could not
succeed in persuading them. After that the
respectables of society settled all their disputes
regarding dowry articles, Istridhan etc to which
both the parties agreed.

8. That now both the parties have decided that they


cannot pull on their married life together and
decided to get separate by mutual consent and have
got no ill-will against each other.

9. That cause of action to get separated accured after


two months of marriage of the petitioners and
finally on 01.04.2023 when they decided to get
saperatled and decided to get decree of divorce
from the competent court of law through mutual
consent.

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10.That there is no legal impediment in getting the
decree of divorce from this Ho’nble Court.

11.That no other similar petition on same subject


matter is pending before any competent court of law
in India.

12.That the consent of the parties to this petition


has not been obtained by pressure, force/fraud or
under any influence whatsoever.
13.That there is no unnecessary and improper delay in
filing the present petition.

14.That the last residing place of the petitioners was


at Gurugram, hence this Hon’ble Court has got the
jurisdiction to decide and entertain this petition
and grant the relief as prayed for in the present
petition.

15.That the necessary court fees has been affixed on


the petition.

PRAYER:-
It is, therefore, most respectfully prayed that
the marriage between the parties may kindly be
dissolved by a decree of divorce by mutual consent
as provided for under the provisions of section
13-B of the Hindu Marriage Act, as amended up to
date, in the interest of justice.

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PETITIONER No.1 PETITIONER No.2

Through Counsel

Jagbir Singh
Sahil Chandila
Ankit Nagar
(Advocates)

7
IN THE COURT OF HONBLE DISTRICT JUDGE FAMILY COURT,
GURUGRAM
H.M.A PETITION NO. OF 2024

IN THE MATTER OF:

Yash Kumar Kakkar … PETITIONER


VERSUS
MRS.Vandana … PETITIONER

AFFIDAVIT

I, MRS. Vandana W/o Yash Kumar Kakkar D/o Vinay


Kumar R/o 1603/18 Mehta Nagar Distt. Hisar Haryana,
Haryana, do solemnly affirm and declare as under:-

1. That I am the petitioner no. 2 in the above


mentioned case and am conversant with the facts and
circumstances thereof and am competent to sign and
swear this affidavit.
2. That I got married to petitioner No.1 on
27.01.2023 according to Hindu rites, customs, and
ceremonies at Vijay Nagar Ghaziabad.
3. That petitioner No.1 and I have living
separately since the past more than one years after
second day of marriage. The parties have due to
temperamental differences and have continued to live
separately since then.
4. The accompanying petition for divorce by mutual
consent is being filed with my consent which is free
and independent and is not obtained by force, fraud
or undue influence from any quarter, whatsoever.

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5. The Petition for divorce by mutual consent is
not filed in collusion.

DEPONENT

VERIFICATION:-
Verified at GURUGRAM on __ day of APRIL 2024, that
the contents of the above affidavit are true and
correct to the best of my knowledge, no part of it
is false and nothing has been concealed therefrom.

DEPONENT

9
IN THE COURT OF HONBLE DISTRICT JUDGE FAMILY COURT,
GURUGRAM

H.M.A PETITION NO. OF 2024

IN THE MATTER OF:

Yash Kumar Kakkar … PETITIONER


VERSUS
MRS.Vandana … PETITIONER

AFFIDAVIT

I, Yash Kumar Kakkar S/o Om Prakash Kakkar R/o


H.NO. 205/3 Gopal Nagar, near Bus stand Gurugram.
do solemnly affirm and declare as under:-
1. That I am the petitioner no. 1 in the above
mentioned case and am conversant with the facts and
circumstances thereof and am competent to sign and
swear this affidavit.
2. That I got married to petitioner No.2 on
27.01.2023 according to Hindu rites, customs, and
ceremonies at Vijay Nagar, Ghaziabad.
3. That petitioner No.1 and I have living
separately since the past more than one years after
second day of marriage. The parties have due to
temperamental differences and have continued to live
separately since then.
4. The accompanying petition for divorce by mutual
consent is being filed with my consent which is free
and independent and is not obtained by force, fraud
or undue influence from any quarter, whatsoever.

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5. The Petition for divorce by mutual consent is
not filed in collusion.

DEPONENT

VERIFICATION:-
Verified at GURUGRAM on __ day of APRIL 2024, that
the contents of the above affidavit are true and
correct to the best of my knowledge, no part of it
is false and nothing has been concealed therefrom.

DEPONENT

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