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APPLICATION FOR AND ON BEHALF OF THE APPLICANT / PLAINTIFF UNDER SECTION 151 OF CPC

Download APPLICATION FOR AND ON BEHALF OF THE APPLICANT / PLAINTIFF UNDER SECTION 151 OF CPC format in India. Ready-to-use legal draft for Criminal & Bail.

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, DELHI.

H.M.A. PETITION NO. ____ OF 2018.

IN THE MATTER OF:-

XXXXX

Address PETITIONER NO.1

VERSUS

XXXXX

Address

      PETITIONER NO.2

FIRST MOTION PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY MUTUAL CONSENT UNDER SECTION 13-B (1) OF THE HINDU MARRIAGE ACT, 1955

MOST RESPECTFULLY SHOWETH :-

  1.      That the Petitioner No.1 married with the Petitioner No.2 in accordance with Hindu Rites and ceremony on dated 22.11.2010 at New Delhi, (Marriage photograph in respect of factum of their marriage are enclosed herewith).

  2.      That the status, age and place of residence of the Petitioner No.1 and the Petitioner No.2 before the marriage and at the time of filing of the petition were / are as under:-

PETITIONER NO.1

WIFESTATUSAGEPLACE OF RESIDENCE
Before the marriageHindu Spinster___ yrsAddress
At the time of filing the petitionHindu marriedYrsAddress

PETITIONER NO.2

HUSBANDSTATUSAGEPLACE OF RESIDENCE
Before the marriageHindu Bachelor___ yrsAddress
At the time of filing the petitionHindu married___ yrsAddress
  1.      That after the marriage the petitioners lived as husband and wife in the matrimonial home at Delhi and marriage was consummated no child was born out of the said wedlock.  

  2.      That unfortunately the parties could not get along right from the inception of the marriage on account of temperamental differences and the parties have not been able to live together as husband and wife.

  3.      That due to certain temperamental differences, both the parties have started quarrelling on trivial issues and cannot live peacefully in spite of the best efforts made by the relatives and common friends.

  4.      That due to temperamental differences both the petitioners have no formal or informal, whether physical or mental relationship between them as husband and wife and they have been living separately from DATE.

  5.      That with respect to the above said matter during the proceedings of case titled as Sangeeta Vs Balraj Singh, HMA No.746/14, the parties reached at an amicable settlement before Delhi Mediation Centre, xxxx Courts, Delhi, vide Med. No.L-xxxx/xxxx, after the efforts made by the respectable persons, family members and the relatives and all the articles have already been exchanged to the respective parties and now nothing is due against each other. It is further pertinent to mention here that the present settlement has taken place between the petitioners for a total sum of Rs.10,10,000/- towards full and final settlement against stridhan and past, present and future maintenance of petitioner no.1 which will be paid by the petitioner no.2 to the petitioner no.1 in five installments in the following manner:-

A. First installment of Rs.1 Lakh by way of cash / DD before the Court concerned at the time of withdrawal of the petition under Section 125 CrPC as well as three execution petitions pending the same referral court by the petitioner no.1 i.e. on (Date).

B. Second installment of Rs.2 Lakhs by way of cash / DD before this Hon’ble Court at the time of recording statement of the parties in the present petition for divorce by mutual consent.

C. Third installment of Rs.1.50 Lakhs by way of cash / DD before the court concerned at the time of withdrawal of complaint under Section 12 of DV Act by the petitioner no.1 i.e. on 08.08.2018.

D. Fourth installment of Rs.1.50 Lakhs by way of cash/DD before the court concerned at the time of recording of statement of the parties in second motion for divorce by mutual consent.

E. Fifth / last installment of Rs.4.10 Lakhs by way of DD before the Hon’ble High Court of Delhi at New Delhi at the time of quashing of the FIR No.XXX/XX police Station Jyoti Nagar under Section 498A/406/34 of IPC and 4 of D.P. Act.

  1.      It is agreed between the parties that in case of breach / violation / willful / deliberate disobedience, the party breaching the terms shall be liable for contempt proceedings and the party aggrieved shall be entitled for status quo-ante in every possible way.

  2.      It is further agreed between the parties that the defaulting party would return all the benefits / advantages / privileges that have enured in its favour and both the parties would be restored to the position that was before they had arrived at such a settlement agreement.

  3.  That the petitioner no.1 shall never claim any maintenance, past, present or future alimony etc. for herself from the petitioner no.2 nor shall have any right in the properties or assets of the petitioner no.2 in any manner.

  4.  That after this settlement, the parties to this petition shall not interfere to the life of each other and they shall not claim any right and title in the moveable and immoveable properties.

  5.  That the parties to this petition shall remain at liberty to enjoy their lives in a manner of their choice after having their marriage dissolved by a decree of divorce by mutual consent.

  6.  That the petitioner no.1 and petitioner no.2 agreed that they shall withdraw cases, complaints pending against each other in any court of law and both also agreed that they shall not file any civil or criminal proceedings against each other in any court of law, authority or forum in future.

  7.  That it is agreed between the parties that they shall abide by all the terms and conditions as per the compromise.

  8.  That the consent of the parties as referred above has not been obtained by pressure, force, fraud or undue influence whatsoever.

  9.  That there is no obstacle to grant relief in favour of the petitioners seeking decree of divorce with mutual consent.

  10.  That both the parties have also agreed that they shall never interfere in the personal lives of each other at any time and shall also not to make any claim against the properties of each other. Both the parties have also agreed that they shall not withdraw their consent to obtain divorce by mutual consent. In the event of withdrawal or withholding of consent by any parties the aggrieved party would be entitle to seek all remedies under the law as available to them before institution of this petition.

  11.  That as the parties hereto do not have any grievance left against each other therefore in view of the same, they have further undertaken that they shall not make any allegation against each other or each other’s parents/relatives/friends or cause to act in a manner so as to harm the reputation and image of each other in the family or the society at large.

  12.  That the parties to the petition have taken a decision to break their matrimonial ties keeping in view their future welfare and better prospects.

  13.  That the consent of either party has not been obtained by force, fraud or undue influence.

  14.  That the present petition has not been filed in collusion with each other.

  15.  That there shall not be any unnecessary or improper delay in filing this petition.

  16.  That there are no legal grounds as to why the relief should not be granted.

  17.  That the requisite court fee for the purpose of the court fee and jurisdiction of this petition has been affixed.

  18.  That the marriage of the petitioners was solemnized at Delhi and petitioner no.1 after separation is residing at her parental house at (Address) within the jurisdiction of this Hon’ble Court and hence this Hon'ble Court has jurisdiction to try and entertain the present petition.

P R A Y E R

It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to Grant the First Motion petition and pass decree of divorce under Section 13(b)(1) of the Hindu Marriage Act, 1955 by mutual consent of the parties thereby dissolving the marriage of the parties to the present petition.

DELHI PETITIONER NO. 1

DATED: THROUGH

COUNSEL

      PETITIONER NO. 2

THROUGH

COUNSEL

VERIFICATION

Verified at Delhi on this__ day of June, 2018. The above named Petitioners state on solemn affirmation that the contents of paras 1 to 21 of the above petition are true and correct to their knowledge and those of paras 22 to 25 are true to the information received and believed to be true. The last para is the humble prayer to this Hon’ble Court.

PETITIONER NO.1 PETITIONER NO.2

  

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, DELHI.

H.M.A. PETITION No._______/2018.

IN THE MATTER OF:-

XXXXXXXXX PETITIONER NO.1

AND

XXXXXXXXX PETITIONER NO.2

AFFIDAVIT

I, XXXXXX D/o XXXXXX R/o (address)****, aged about ___ years, do hereby solemnly affirm and state on oath as under:-

  1.      That I am the Petitioner No.1 in the above noted matter and well conversant with the facts of the case and am also competent to swear this present affidavit.

  2.      That my marriage with the petitioner no.2 was solemnized according to Hindu Rites and Ceremonies on dated xxxxx at Delhi.

  3.      That the petitioner No.2 is residing separately from the deponent w.e.f. (Date) due to some temperamental differences and has not been able to live together or cohabited as husband and wife since then till date.

  4.      That since the parties to the petition has amicably and voluntarily settled all their matrimonial disputes and claim against each other, have decided to obtain a decree of divorce by mutual consent.

  5.      That the consent of either party has not been obtained by force, fraud or undue influence.

  6.      That there is no collusion between the parties.

  7.      That there has not been un-necessary or improper delay in filing the present petition.

  8.      That there is no other legal ground as to why the relief should not be granted.

  9.      That the contents of the annexed petition U/S 13-B(1) of the Hindu Marriage Act, 1955, as amended upto date, have been drafted by my counsel as per my instructions and contents of the same have been duly read and understood by me and after fully understanding the contents of the same, I hereby state that the fact stated therein are all true and correct to my knowledge that the fact stated therein may kindly be read as part and parcel of the present affidavit also as the contents of the same have not been reproduced herein for the sake of brevity.

DEPONENT

VERIFICATION:-

Verified at Delhi on this __day of June, 2018 that the contents of my above affidavit are true and correct and nothing material has been concealed therefrom.

DEPONENT

  

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, DELHI.

H.M.A. PETITION No._______/2018.

IN THE MATTER OF:-

XXXXXX PETITIONER NO.1

AND

XXXXXX PETITIONER NO.2

AFFIDAVIT

I, XXXXXXX S/o Late Sh. XXXXXXX R/o Address , presently at New Delhi, aged about ___ years, do hereby solemnly affirm and state on oath as under:-

  1.      That I am the Petitioner No.2 in the above noted matter and well conversant with the facts of the case and am also competent to swear this present affidavit.

  2.      That my marriage was solemnized with the petitioner no.1 according to Hindu Rites and Ceremonies on dated xx.xx.xx at Delhi.

  3.      That the deponent is residing separately from petitioner no.1 w.e.f. (Date)  due to some temperamental differences and has not been able to live together or cohabited as husband and wife since then till date.

  4.      That since the parties to the petitioner has amicably and voluntarily settled all their matrimonial dispute and claim against each other, have decided to obtain a decree of divorce by mutual consent.

  5.      That the consent of either party has not been obtained by force, fraud or undue influence.

  6.      That there is no collusion between the parties.

  7.      That there has not been un-necessary or improper delay in filing the present petition.

  8.      That there is no other legal ground as to why the relief should not be granted.

  9.      That the contents of the annexed petition U/S 13-B(1) of the Hindu Marriage Act, 1955, as amended upto date, have been drafted by my counsel as per my instructions and contents of the same have been duly read and understood by me and after fully understanding the contents of the same, I hereby state that the fact stated therein are all true and correct to my knowledge that the fact stated therein may kindly be read as part and parcel of the present affidavit also as the contents of the same have not been reproduced herein for the sake of brevity.

DEPONENT

VERIFICATION:-

Verified at Delhi on this ___ day of June, 2018 that the contents of my above affidavit are true and correct and nothing material has been concealed therefrom.

DEPONENT

  

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, DELHI.

H.M.A. PETITION NO. ____ OF 2018.

IN THE MATTER OF:-

XXXXXX PETITIONER NO.1

AND

XXXXXX PETITIONER NO.2

MEMO OF PARTIES

XXXXX

Address PETITIONER NO.1

VERSUS

XXXXX

Address

­-------------------------------------------------------------------

DELHI: PETITIONER NO.1

DATE:

THROUGH

COUNSEL

PETITIONER NO.2

THROUGH

      COUNSEL

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, DELHI.

H.M.A. PETITION NO. ____ OF 2018.

IN THE MATTER OF:-

XXXXXX PETITIONER NO.1

AND

XXXXXX PETITIONER NO.2

INDEX

S.L.NO.PARTICULARSPAGE NO.
1.MEMO OF PARTIES
2.PETITION U/S 13-B(1) OF H.M.A ACT
3.AFFIDAVITS IN SUPPORT OF THE PETITION.
4.LIST OF DOCUMENTS ALONGWITH DOCUMENTS
5.VAKALATNAMA

DELHI: PETITIONER NO.1

DATE:

THROUGH

COUNSEL

PETITIONER NO.2

THROUGH

      COUNSEL

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, DELHI.

H.M.A. PETITION NO. ____ OF 2018.

IN THE MATTER OF:-

XXXXXX PETITIONER NO.1

AND

XXXXXX PETITIONER NO.2

LIST OF DOCUMENTS

S.NO.PARTICULARSPAGE NO.
1Copy of Marriage Photograph / Marriage Card.
2.Identity Documents of Petitioner No. 1
3.Identity Documents of Petitioner No.2
4.Copy of Mediation settlement order dated 01.06.2018.

DELHI: PETITIONER NO.1

DATE:

THROUGH

COUNSEL

PETITIONER NO.2

THROUGH

      COUNSEL

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