IN THE COURT OF Name of the Family Court and its location
H.M.A. PETITION NO. HMA petition number OF 2018
IN THE MATTER OF:-
Petitioner no.1's name
Petitioner No. 1's address… PETITIONER NO. 1
VERSUS
Petitioner no.2's name
Petitioner No. 2's address
… PETITIONER NO. 2
FIRST MOTION JOINT 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 was married to the Petitioner No. 2 on Date of marriage at Place of marriage in accordance with Hindu rites and ceremonies. Photographs evidencing the factum of the marriage are enclosed herewith.
2.That the status, age and place of residence of Petitioner No. 1 and Petitioner No. 2 before the marriage and at the time of filing of the present petition were/are as under:-
PETITIONER NO. 1
| STATUS | AGE | PLACE OF RESIDENCE |
|---|
| Before the marriage | Hindu, unmarried | Wife's age before marriage years | Wife's address before marriage |
| At the time of filing the petition | Hindu, married | Wife's age at the time of filing the petition years | Wife's address at the time of filing the petition |
PETITIONER NO. 2
| STATUS | AGE | PLACE OF RESIDENCE |
|---|
| Before the marriage | Hindu, unmarried | Husband's age before marriage years | Husband's address before marriage |
| At the time of filing the petition | Hindu, married | Husband's age at filing years | Husband's address at the time of filing the petition |
3.That after the marriage, the petitioners lived together as husband and wife at the matrimonial home at Delhi, and the marriage was consummated. No child was born out of the said wedlock.
4.That, unfortunately, the parties could not get along with each other from the very inception of the marriage on account of temperamental differences, and they have not been able to live together as husband and wife.
5.That owing to certain temperamental differences, both parties have been quarrelling over trivial issues and are unable to live together peacefully despite the best efforts made by their relatives and common friends.
6.That owing to the said temperamental differences, there exists no relationship, whether formal or informal, physical or mental, between the petitioners as husband and wife, and they have been living separately from each other since Date from which the parties have been living separately.
7.That in respect of the above matters, during the proceedings in the case titled Reference to prior case names and number, the parties arrived at an amicable settlement before the Delhi Mediation Centre, Mediation centre district courts Courts, Delhi, vide Med. No. Mediation case number prefix/Mediation case year, through the efforts of respectable persons, family members and relatives. All articles have already been exchanged between the respective parties, and nothing remains due from either party to the other. It is further pertinent to mention that the present settlement was arrived at between the petitioners for a total sum of ₹Settlement amount (₹)/- towards full and final settlement of the stridhan and the past, present and future maintenance of Petitioner No. 1, which sum shall be paid by Petitioner No. 2 to Petitioner No. 1 in five instalments, in the following manner:-
•(a) The first instalment of ₹First instalment amount (₹)/-, by way of cash or demand draft, before the Court concerned at the time of withdrawal by Petitioner No. 1 of the petition under Section 125 CrPC as well as the execution petitions pending before the said referral court, i.e., on Date of payment of the first instalment.
•(b) The second instalment of ₹Second instalment amount (₹)/-, by way of cash or demand draft, before this Hon'ble Court at the time of recording of the statements of the parties in the present petition for divorce by mutual consent.
•(c) The third instalment of ₹Third instalment amount (₹)/-, by way of cash or demand draft, before the Court concerned at the time of withdrawal by Petitioner No. 1 of the complaint under Section 12 of the DV Act, i.e., on Date of withdrawal of the DV Act complaint.
•(d) The fourth instalment of ₹Fourth instalment amount (₹)/-, by way of cash or demand draft, before the Court concerned at the time of recording of the statements of the parties at the second motion for divorce by mutual consent.
•(e) The fifth and final instalment of ₹Fifth instalment amount (₹)/-, by way of demand draft, before the Hon'ble High Court of Delhi at New Delhi at the time of the quashing of FIR No. FIR number/FIR year registered at Police Station Police station under Sections 498A/406/34 of the IPC and Section 4 of the D.P. Act.
8.It is agreed between the parties that in the event of any breach, violation, or wilful or deliberate disobedience of the terms of the settlement, the party committing such breach shall be liable to contempt proceedings, and the aggrieved party shall be entitled to restoration of the status quo ante in every possible manner.
9.It is further agreed between the parties that the defaulting party shall return all benefits, advantages and privileges that have accrued in its favour, and both parties shall stand restored to the position existing prior to the arrival at the settlement agreement.
10.That Petitioner No. 1 shall not claim any maintenance, or past, present or future alimony, or any other amount, from Petitioner No. 2, nor shall she have any right, title or interest of any manner in the properties or assets of Petitioner No. 2.
11.That after this settlement, the parties to the present petition shall not interfere in each other's lives and shall not claim any right or title in each other's moveable or immoveable properties.
12.That the parties to the present petition shall remain at liberty to live their lives in the manner of their own choice after their marriage is dissolved by a decree of divorce by mutual consent.
13.That Petitioner No. 1 and Petitioner No. 2 have agreed that they shall withdraw all cases and complaints pending against each other in any court of law, and it is further agreed that neither party shall institute any civil or criminal proceedings against the other in any court of law, authority or forum in future.
14.That it is agreed between the parties that they shall abide by all the terms and conditions of the compromise/settlement.
15.That the consent of the parties, as referred to above, has not been obtained by pressure, force, fraud or undue influence of any kind whatsoever.
16.That there is no impediment to the grant of the relief sought by the petitioners, namely a decree of divorce by mutual consent.
17.That both parties have further agreed that they shall never interfere in each other's personal lives at any time and shall not make any claim against the properties of the other. Both parties have also agreed that they shall not withdraw their consent to obtain a divorce by mutual consent. In the event of withdrawal or withholding of consent by either party, the aggrieved party shall be entitled to seek all remedies available to it under law as existing prior to the institution of the present petition.
18.That as the parties hereto have no grievance remaining against each other, they have further undertaken that they shall not make any allegation against each other or against each other's parents, relatives or friends, nor act in any manner so as to harm the reputation and image of the other in the family or in society at large.
19.That the parties to the present petition have taken the decision to dissolve their matrimonial ties keeping in view their future welfare and better prospects.
20.That the consent of either party has not been obtained by force, fraud or undue influence.
21.That the present petition has not been filed in collusion between the parties.
22.That there has been no unnecessary or improper delay in filing the present petition.
23.That there are no other legal grounds why the relief sought should not be granted.
24.That the requisite court fee has been affixed on the present petition, which is within the jurisdiction of this Hon'ble Court.
25.That the marriage of the petitioners was solemnized at Place of marriage, and Petitioner No. 1, after separation, is residing at her parental home at Petitioner No. 1's current address (parental home), which falls within the jurisdiction of this Hon'ble Court. This Hon'ble Court therefore 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 allow the first motion and pass a decree of divorce under Section 13-B(1) of the Hindu Marriage Act, 1955, by mutual consent of the parties, thereby dissolving the marriage between the parties to the present petition.
DELHIPETITIONER NO. 1
DATEDTHROUGH
COUNSEL
PETITIONER NO. 2
THROUGH
COUNSEL
VERIFICATION
Verified at Delhi on this Date of verification of petition day of Month of verification of petition, Year of verification of petition. The above-named Petitioners state on solemn affirmation that the contents of paragraphs 1 to 21 of the above petition are true and correct to their knowledge, and that the contents of paragraphs 22 to 25 are true to the information received and believed to be true by them. The last paragraph is the humble prayer made to this Hon'ble Court.
PETITIONER NO.1PETITIONER NO.2
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, DELHI
H.M.A. PETITION No. HMA petition number OF Year of filing of the petition
IN THE MATTER OF:-
Petitioner no.1's namePETITIONER NO.1
AND
Petitioner no.2's namePETITIONER NO.2
AFFIDAVIT
I, Wife's name, D/o Wife's father's name, R/o Wife's residential address, aged about Wife's age years, do hereby solemnly affirm and state on oath as under:-
1.That I am the Petitioner No.1 in the above-noted matter, am well conversant with the facts of the case, and am competent to swear this affidavit.
2.That my marriage with Petitioner No.2 was solemnized according to Hindu rites and ceremonies on Date of marriage at Delhi.
3.That Petitioner No.2 and the deponent have been residing separately w.e.f. Date from which the parties have been living separately on account of temperamental differences, and the parties have not been able to live together or cohabit as husband and wife since then till date.
4.That since the parties to the petition have amicably and voluntarily settled all their matrimonial disputes and claims against each other, they 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 been no unnecessary 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 under Section 13-B(1) of the Hindu Marriage Act, 1955, as amended up to date, have been drafted by my counsel as per my instructions; the contents thereof have been duly read over and understood by me, and after fully understanding the same, I state that the facts stated therein are true and correct to my knowledge. The contents of the said petition may kindly be read as part and parcel of the present affidavit, as the same have not been reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION:-
Verified at Delhi on this Date of wife's affidavit verification day of Month of wife's affidavit verification, Year of wife's affidavit verification that the contents of my above affidavit are true and correct, and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, DELHI
H.M.A. PETITION No. HMA petition number OF Year of filing of the petition
IN THE MATTER OF:-
Petitioner no.1's namePETITIONER NO.1
AND
Petitioner no.2's namePETITIONER NO.2
AFFIDAVIT
I, Husband's name, S/o Late Sh. Husband's father's name, R/o Husband's residential address, presently at New Delhi, aged about Husband's age years, do hereby solemnly affirm and state on oath as under:-
1.That I am the Petitioner No.2 in the above-noted matter, am well conversant with the facts of the case, and am competent to swear this affidavit.
2.That my marriage with Petitioner No.1 was solemnized according to Hindu rites and ceremonies on Date of marriage (day).Date of marriage (month).Date of marriage (year) at Delhi.
3.That the deponent has been residing separately from Petitioner No.1 w.e.f. Date from which the parties have been living separately on account of temperamental differences, and the parties have not been able to live together or cohabit as husband and wife since then till date.
4.That since the parties to the petition have amicably and voluntarily settled all their matrimonial disputes and claims against each other, they 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 been no unnecessary 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 under Section 13-B(1) of the Hindu Marriage Act, 1955, as amended up to date, have been drafted by my counsel as per my instructions; the contents thereof have been duly read over and understood by me, and after fully understanding the same, I state that the facts stated therein are true and correct to my knowledge. The contents of the said petition may kindly be read as part and parcel of the present affidavit, as the same have not been reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION:-
Verified at Delhi on this Date of husband's affidavit verification day of Month of husband's affidavit verification, Year of husband's affidavit verification that the contents of my above affidavit are true and correct, and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, DELHI
H.M.A. PETITION NO. HMA petition number OF Year of filing of the petition
IN THE MATTER OF:-
Petitioner no.1's namePETITIONER NO.1
AND
Petitioner no.2's namePETITIONER NO.2
MEMO OF PARTIES
Petitioner no.1's name
Petitioner No. 1's addressPETITIONER NO.1
VERSUS
Petitioner no.2's name
Petitioner No. 2's address
DELHIPETITIONER NO.1
DATE: Date of filing/signing by counsel
THROUGH
COUNSEL
PETITIONER NO.2
THROUGH
COUNSEL
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, DELHI
H.M.A. PETITION NO. HMA petition number OF Year of filing of the petition
IN THE MATTER OF:-
Petitioner no.1's namePETITIONER NO.1
AND
Petitioner no.2's namePETITIONER NO.2
INDEX
| S.L.NO. | PARTICULARS | PAGE 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 | |
DELHIPETITIONER NO.1
DATE: Date of filing/signing by counsel
THROUGH
COUNSEL
PETITIONER NO.2
THROUGH
COUNSEL
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, DELHI
H.M.A. PETITION NO. HMA petition number OF Year of filing of the petition
IN THE MATTER OF:-
Petitioner no.1's namePETITIONER NO.1
AND
Petitioner no.2's namePETITIONER NO.2
LIST OF DOCUMENTS
| S.NO. | PARTICULARS | PAGE NO. |
|---|
| 1. | Copy 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 Date of mediation settlement order | |
DELHIPETITIONER NO.1
DATE: Date of filing/signing by counsel
THROUGH
COUNSEL
PETITIONER NO.2
THROUGH
COUNSEL