IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS, ________________
H.M.A Petition No. __________/ ____
In the matter of:-
_________________ ……. Petitioner No.1
AND
INDEX
|
S.No. |
Particulars |
Page No. |
|
1. |
Memo of Parties |
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|
2. |
Petition under Section 13B(1) of Hindu
Marriage Act, 1955 for divorce by mutual consent alongwith supporting
affidavits |
|
|
3. |
List of Documents alongwith
documents |
|
|
4. |
Vakalatnama |
|
New Delhi Filed
by :
Date :
Petitioner No.1 Petitioner No.2
Through Through
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS, ________________
H.M.A Petition No. __________/ ____
In the matter of:-
_________________ ……. Petitioner No.1
AND
MEMO OF PARTIES
_________________
S/o
R/o …Petitioner No.1
AND
D/o
R/o …Petitioner No.2
Date:
Petitioner No.1 Petitioner No.2
Through Through
Counsel Counsel
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS, ________________
H.M.A Petition No. __________/ ____
In the matter of :-
S/o
R/o …Petitioner No.1
AND
D/o
R/o …Petitioner No.2
A PETITION FOR DIVORCE BY MUTUAL CONSENT UNDER SECTION 13B(1) OF HINDU MARRIAGE ACT, 1955
The petitioners above-named respectfully submits as under:
1.That the marriage between the petitioners was solemnized on _________according to Hindu rites and ceremonies at_________________. There is no child born out of the said wedlock.
2. That the status, age and place of residence of petitioners, before marriage and at the time of filing of this petition is as follows :-
At the time of Marriage
|
Husband /Petitioner No.1 |
Wife/ Petitioner No.2 |
||||||
|
Status |
Age |
Residence |
Status |
Age |
Residence |
||
|
Hindu Bachelor |
___ yrs |
|
Hindu Bachelor |
___ yrs |
|
||
|
At the time of filing this petition |
|||||||
|
Husband /Petitioner No.1 |
Wife/ Petitioner No.2 |
||||||
|
Status |
Age |
Residence |
Status |
Age |
Residence |
||
|
Married |
__ yrs |
As per memo of parties |
Married |
___yrs |
As per memo of parties |
||
3. That the present marriage which is sought to be dissolved by the present petition was an arranged marriage fixed through a common relative. The marriage function was organized and all the customs and rituals regarding the marriage were duly performed.
4. That after the marriage, the petitioners started living together in their matrimonial home in___________. The petitioners have now realized that there is a total lack of compatibility between them and it was very difficult for them to live together as husband and wife due to temperamental incompatibilities and cultural differences between them. The differences between the petitioners could not be reconciled despite the best efforts of petitioners, relatives and their well-wishers.
5. That the petitioners have not been able to live together as husband and wife since ________. The parties have never cohabited as husband and wife since then. There are no conjugal relation between the petitioners since then.
6. That it has now become certain that the petitioners cannot live together as husband and wife and that there is no possibility of any conciliation between them to live together as husband and wife again.
7. That the dispute between the parties is settled fully and finally in terms of the Settlement Deed dated ________vide which, inter-alia, the following terms were agreed between the parties :-
a) That the Petitioner no. 1 has paid a
sum of ________to the Petitioner no. 2 towards full and final settlement of all
her claims by way of ____________at the time of
execution of the present settlement deed. The said amount has been paid to the
petitioner no. 2 towards all her claims - past, present or future - including
all such claims towards maintenance, alimony, marriage expenses, etc. and all
other heads whatsoever
b) That the petitioner no. 1 has returned all the jewellery articles and belongings of the petitioner no. 2 to the satisfaction of the petitioner no. 2 and no article/belonging is remaining with the petitioner no. 1 or his family members now.
c) That it has been agreed that the parties shall apply for divorce by filing a joint petition for divorce by mutual consent under Section 13B (1) and (2) of the Hindu Marriage Act, to be filed before the Family Court at______. The first motion under Section 13B(1) of HMA shall be filed within 15 days of the present Settlement and the second motion under Section 13B(2) of HMA shall be filed within 15 days of the order allowing the first motion. Both the parties shall co-operate in this regard with each other and will provide necessary documents and sign the petition and required affidavits, etc.
d) That the petitioner no. 2 shall have
no objection for quashing of the FIR No. ________and will provide an affidavit on
'No-objection' in this regard and shall co- operate with the petitioner no. 1
in quashing proceedings to be filed by petitioner no. 1 before the Hon'ble High
Court ____after the divorce is granted.
e) That the parties undertake not to file any complaint against each other or their family members in future. Parties also undertake that there is no other case filed by them against each other or their family members and if later it is found that there is some other case lodged by any of the parties/ their family members against each other, the same shall also be withdrawn/ got quashed by virtue of the present settlement deed.
f) There remains no claim of any nature whatsoever for and against either of the parties towards each other or their family members or friends and all the matters, issues or disputes arising out of the matrimonial relationship and all transactions between the parties shall stand settled fully and finally.
g) That the parties agree that there
shall be a total severance of the relations between the parties on execution of
the present agreement. The petitioner no. 2 shall not visit her matrimonial
house again and petitioner no. 1 shall also not interfere in the life of the
petitioner no. 2 or her family members. That the Parties shall be left with no
complaint of any nature whatsoever against each other.
h) That the present settlement has taken place between the parties with mutual consent and without any pressure, coercion or undue influence from any corner whatsoever.
i) The terms of the settlement have been duly explained and understood by the parties and there is no scope of any ignorance about the same and the parties shall remain bound by the same and the present agreement cannot be retracted in any circumstance whatsoever
8. The petitioner no.1 and the petitioner no.2 have thus given their consent to dissolve the marriage by this petition for divorce by mutual consent in view of the settlement dated__________. That the respective consent is without any coercion, or undue influence and is given voluntarily and out of their free will.
9. That it is submitted that the situation will become worse if the petitioners are made to continue with the marriage.
10. That no purpose will be solved by keeping alive this marriage which exists only on papers. The future of the petitioners, who both are of marriageable age, will be adversely affected if the marriage is not dissolved.
11. That the petitioners have agreed to settle all their disputes and claims fully and finally after payment of a total sum of ___________by the petitioner no. 1 to the petitioner no. 2, towards all her claims - past, present for future - including all such claims towards maintenance, alimony, marriage expenses, etc. and all other heads whatsoever.
12. That the petitioner no. 1 has returned all the jewellery articles and belongings of the petitioner no. 2 to the satisfaction of the petitioner no. 2 and no article/belonging is remaining with the petitioner no. 1 or his family members now
13. That the petitioners hereby agree and undertake that after obtaining divorce they will not litigate with each other on any issue relating to or arising out of their marriage.
14. That the present petition is not presented in collusion but only to save the future of the petitioners from any complications and hardships, which are bound to arise if the petitioners are not granted divorce and their marriage is not dissolved.
15. That there is no legal impediment for this Hon’ble Court to grant the relief sought in this petition.
16. That the petitioner no. 2 is currently residing with her parents at _____________________which comes within the territorial jurisdiction of this Hon’ble Court and hence, this Hon’ble Court has the jurisdiction to entertain the petition.
17. That the requisite court fee of Rs. _____/- has been affixed on the petition.
PRAYER
Petitioner No. 1 and Petitioner No.2, therefore, most respectfully pray that this Hon’ble Court may kindly be pleased to dissolve their marriage by a decree of divorce by mutual consent, or to give any other relief in the facts and circumstances of the case.
Petitioner No.1 Petitioner No.2
Through Through
Counsel Counsel
VERIFICATION
We, the above-named petitioners, state on solemn affirmation that the contents of paragraph _____of the petition are true and correct to our knowledge and those of paragraph __are based upon information received and believed to be true. Verified at ______ on this____day of _____.
Petitioner No. 1 Petitioner No.2
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS, ________________
H.M.A Petition No. __________/ ____
In the matter of:
AND
AFFIDAVIT
I, _______S/o ________R/o _________presently in ______aged about ____years, do hereby solemnly affirm and declare as under :
1. That I am the Petitioner No. 1 in the above mentioned petition for divorce by mutual consent under sec. 13B(1) of Hindu Marriage Act, and I am well conversant with the facts and circumstances of the case and hence competent to swear the present affidavit.
2. That the contents of the accompanying petition are true and correct to the best of my knowledge and the same may be read as part and parcel of this affidavit.
3. That I have given my consent to this petition out of my free will and the same has not been obtained by coercion, force or undue influence.
DEPONENT
VERIFICATION
Verified at _____ on this day of______, that the contents of the
above affidavit are true and correct to the best of my knowledge and nothing
material has been concealed therefrom.
DEPONENT
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS, ________________
H.M.A Petition No. __________/ ____
In the matter of:
AND
AFFIDAVIT
I, _______S/o ________R/o _________presently in ______aged about ____years, do hereby solemnly affirm and declare as under:
1. That I am the Petitioner No. 2 in the above mentioned petition for divorce by mutual consent under sec. 13B (1) of Hindu Marriage Act, and I am well conversant with the facts and circumstances of the case and hence competent to swear the present affidavit.
2. That the contents of the accompanying petition are true and correct to the best of my knowledge and the same may be read as part and parcel of this affidavit.
3. That I have given my consent to this petition out of my free will and the same has not been obtained by coercion, force or undue influence.
DEPONENT
VERIFICATION
Verified at Delhi on this day of_____, that the contents of the above affidavit are true and correct to the best of my knowledge and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS, ________________
H.M.A Petition No. __________/ ____
In the matter of:
AND
1. Wedding Invitation Card.
2. Copy of ID Proof of petitioner no.1.
3. Copy of ID Proof of petitioner no.2.
4. Copy of Settlement Deed dated
5. Any other document with permission of Hon’ble Court.
Filed by :
Advocates for Petitioners
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS, ________________
H.M.A Petition No. __________/ ____
AND
I, ________S/o _______R/o ________presently in New Delhi aged about ____years, do hereby solemnly affirm and declare as under :
1. That I am the petitioner No.1 in the above mentioned petition forr divorce by mutual consent under sec. 13 B(1) for Hindu Marriage Act, and I am well conversant with the facts and circumstances of the case and hence competent to swear the present affidavit.
2. I say that I got married to the Petitioner no.1 on ______according to Hindu rites and ceremonies at_____.
3. That the deponent and petitioner no.2 could not live together and could not pull out their married life together and differences arose between the petitioners and they decided to live separately. Their marriage has been broken down irrevocably and there are no chances of re-union in future.
4. That with the intervention of the family of both the parties to the petition, the disputes have been amicably resolved on various terms and conditions and they agreed to dissolve their marriage with their free will and mutual consent without any force, influence and coercion from any corner.
5. That thereafter, the deponent and the petitioner no.2 together by way of mutual consent filed the divorce petition whereby the petitioner have filed the present mutual petition U/s 13 B (1) of Hindu Marriage Act,1955.
6. That the deponent further states that the said settlement as mentioned in para no. 7 of the petition jointly filed by the petitioner u/s 13 B(1) of Hindu Marriage Act,1955 has been arrived at his own free will and violation.
7. That the deponent further states that he will be liable for penal consequences in case of breach of the terms of the settlement due to his own actions.
8. That the deponent undertakes that he will file and co-operate with the petitioner no.2 in presenting and filing the second motion petition and not breach the terms of the settlement in future in any manner.
9. That the deponent stated that the deponent shall comply with the judgement recently passed by the Hon’ble High Court of Delhi at New Delhi titled as Rajat Gupta Vs Rupali Gupta on 15/05/2018 vide cont. case © 772/13.
10. That it is true and correct statement of deponent.
DEPONENT
VERIFICATION
Verified at Delhi on this ___ day of_______, that the contents of the above affidavit are true and correct to the best of my knowledge and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,
________________
H.M.A Petition No. __________/ ____
In the matter of:
AND
AFFIDAVIT OF THE PETITIONER NO.1 AS PER JUDGEMENT DATED 15.05.2018 PASSED BY THE HON’BLE HIGH COURT OF DELHI IN THE MATTER OF RAJAT GUPTA VS RUPALI GUPTA IN CONT CASE@ 772/2013
I, _______S/o ________R/o _________presently in ______aged about ____years, do hereby solemnly affirm and declare as under:
1. That I am the petitioner No.2 in the above mentioned petition for divorce by mutual consent under sec. 13 B(1) of Hindu Marriage Act, and I am well conversant with the facts and circumstances of the case and hence competent to swear the present affidavit.
2. I say that I got married to the Petitioner no.1 on _____according to Hindu rites and ceremonies at________.
3. That the deponent and petitioner no.1 could not live together and could not pull out their married life together and differences arose between the petitioners and they decided to live separately. Their marriage has been broken down irrevocably and there are no chances of re-union in future.
4. That with the intervention of the family of both the parties to the petition, the disputes have been amicably resolved on various terms and conditions and they agreed to dissolve their marriage with their free will and mutual consent without any force, influence and coercion from any corner.
5. That thereafter, the deponent and the petitioner no.1 together by way of mutual consent filed the divorce petition whereby the petitioner have filed the present mutual petition U/s 13 B (1) of Hindu Marriage Act,1955.
6. That the deponent further states that the said settlement as mentioned in para no. 7 of the petition jointly filed by the petitioner u/s 13 B(1) of Hindu Marriage Act,1955 has been arrived at his own free will and violation.
7. That the deponent further states that she will be liable for penal consequences in case of breach of the terms of the settlement due to her own action.
8. That the deponent undertakes that she will file and co-operate with the petitioner no.1 in presenting and filing the second motion petition and not breach the terms of the settlement in future in any manner.
9. That the deponent stated that the deponent shall comply with the judgement recently passed by the Hon’ble high court of Delhi at New Delhi titled as Rajat Gupta Vs Rupali Gupta on 15/05/2018 vide cont. case © 772/13.
10. That it is true and correct statement of deponent.
DEPONENT
VERIFICATION
Verified at Delhi on this
___ day of______, that the contents of the above affidavit are true and correct
to the best of my knowledge and nothing material has been concealed therefrom.
DEPONENT
