First motion joint petition for divorce by mutual consent under Section 13B(1), Hindu Marriage Act 1955, with supporting affidavits
0 of 49 blanks filled
IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, LUCKNOW COURTS, U.P.
H.M.A. PETITION NO.HMA petition number OF 2024
IN THE MATTER OF:
Petitioner no.1's namePETITIONER NO. 1
AND
Petitioner no.2's namePETITIONER NO. 2
INDEX
| S.NO. | PARTICULARS | PAGES |
|---|---|---|
| 1. | MEMO OF PARTIES. |
| 2. | FIRST MOTION PETITION UNDER SECTION 13B(1) OF THE HINDU MARRIAGE ACT, 1955 FOR DISSOLUTION OF MARRIAGE BY DECREE OF DIVORCE BY MUTUAL CONSENT. |
| 3. | SUPPORTING AFFIDAVITS OF THE PETITIONERS. |
| 4. | ANNEXURE P-1: COPY OF MARRIAGE PHOTOGRAPH. |
| 5. | ANNEXURE P-2 (COLLY): COPIES OF THE I.D. PROOFS OF BOTH THE PETITIONERS. |
| 6. | ANNEXURE P-3: COPY OF MOU DATED Date of MOU. |
| 7. | VAKALATNAMAS. |
PETITIONER NO. 1PETITIONER NO. 2
THROUGHTHROUGH
COUNSELCOUNSEL
PLACE:
DATED:
MEMO OF PARTIES
Petitioner no.1's namePETITIONER NO. 1
AND
Petitioner no.2's namePETITIONER NO. 2
PETITIONER NO. 1PETITIONER NO. 2
THROUGHTHROUGH
COUNSELCOUNSEL
PLACE:
DATED:
IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, LUCKNOW COURTS, U.P.
H.M.A. PETITION NO.HMA petition number OF 2024
IN THE MATTER OF:
Petitioner no.1's namePETITIONER NO. 1
AND
Petitioner no.2's namePETITIONER NO. 2
FIRST MOTION PETITION UNDER SECTION 13B(1) OF THE HINDU MARRIAGE ACT, 1955 (AS AMENDED UP TO DATE) FOR DISSOLUTION OF MARRIAGE BY DECREE OF DIVORCE BY MUTUAL CONSENT
MOST RESPECTFULLY SHOWETH:
1.That the marriage between the parties (the Petitioners herein) was solemnized on Date of marriage in accordance with Hindu rites and ceremonies at Marriage venue (building/address), Marriage venue (locality), Marriage venue (city), in the presence of 3 (three) members and 2 (two) witnesses from the groom's side only. Thereafter, the marriage was registered at the District Court, Lucknow on Date of registration of marriage. The marriage was followed by two receptions: the first reception was held at First reception venue (locality), First reception venue (city) on Date of first reception, organized by the family of Petitioner No. 2; and the second reception was organized by the family of Petitioner No. 1 at Hotel Name of hotel of second reception, Second reception venue (city/locality). Necessary affidavits to this effect are filed herewith. Copy of the marriage photograph is annexed herewith as *Annexure P-1.*
2.That the status, age and place of residence of the parties to the present petition, before the marriage and at the time of filing the present petition, are as under:
AT THE TIME OF MARRIAGE
| HUSBAND | WIFE |
| Status | Age | Place of Residence | Status | Age | Place of Residence |
| Hindu; Unmarried | Husband's age at marriage | Husband's residence at marriage | Hindu; Unmarried | Wife's age at marriage | Wife's residence at marriage |
AT THE TIME OF FILING OF THIS PETITION
| HUSBAND | WIFE |
| Status | Age | Place of Residence | Status | Age | Place of Residence |
| Hindu; Married | Husband's current age Yrs | Husband's current residence | Hindu; Married | Wife's current age | Wife's current residence |
3.That Petitioner No. 1 and Petitioner No. 2 are Hindus by birth and profess the Hindu faith. Copies of the I.D. proofs of both the Petitioners are annexed herewith and marked as *Annexure P-2 (Colly) for the kind perusal of this Hon'ble Court.*
4.That after the marriage, both the parties to this petition started living together as husband and wife and resided together until about Date the parties stopped living together; however, no child was born out of the said wedlock.
5.That owing to differences in temperament and behaviour between Petitioner No. 1 and Petitioner No. 2, they were unable to live together for long as husband and wife and have been living separately from each other since about Date of separation.
6.That all efforts at reconciliation made by the family members, relatives and friends of both the parties have failed, and there is no possibility of reconciliation between them in the future. The parties have therefore finally decided to obtain a divorce by mutual consent.
7.That it has been agreed between the parties that they shall separate from each other by obtaining a decree of divorce by mutual consent by filing a joint petition for divorce by mutual consent within the jurisdiction of Jurisdiction agreed for divorce filing.
8.That the Petitioners have amicably settled all their disputes, differences and claims against each other in terms of the MOU dated Date of MOU. The contents of the said MOU / compromise may be read as part and parcel of the present petition. Copy of the MOU dated Date of MOU is annexed herewith and marked as *Annexure P-3.*
9.That Petitioner No. 1 has settled all her claims in respect of stridhan and past, present and future maintenance and permanent alimony. Petitioner No. 1 has agreed and confirmed that she has already taken with her all her stridhan, including jewelry, clothes and all other belongings and items, and that nothing remains with Petitioner No. 2. Upon receiving the aforesaid alimony, Petitioner No. 1 shall refrain from asserting any further claims regarding her stridhan or any other articles against Petitioner No. 2 or his family members.
10.That it has been settled between the Petitioners that Petitioner No. 2 shall return to Petitioner No. 1 the 3 sets of jewelry along with the earrings from her in-laws, as part of her stridhan (gifted by Mrs. Name of person who gifted the jewelry) (complete details of the articles being mentioned in the MOU dated Date of MOU), as full and final settlement of all claims against Petitioner No. 2 and his family; and that upon receiving the same, Petitioner No. 1 shall have no monetary claims against Petitioner No. 2 and his family members in respect of any movable or immovable assets. That on the date of execution of the MOU, both the Petitioners agreed and undertook to perform the following acts:
(a)That the Petitioners shall amicably file the present First Motion Petition under Section 13B(1) before this Hon'ble Court within 15 days of the signing of the MOU; and Petitioner No. 2 shall return/hand over the 3 sets of necklaces along with the earrings to Petitioner No. 1 at the time of recording of the statements of both parties on the date of the First Motion.
(b)That Petitioner No. 1 further undertakes that, after the grant of the decree of divorce by mutual consent, she shall not claim any maintenance, past, present or future, or any other claim on account of dowry, if any, stridhan, permanent alimony, etc., in any manner before any court of law against Petitioner No. 2 or her in-laws, nor claim any share in the movable or immovable property of Petitioner No. 2 and/or her in-laws.
(c)That the Petitioners undertake to thoroughly review and check all their social media platforms on which the Petitioners or their family members/friends have posted any defamatory content against each other or against each other's family members/friends, and further undertake to remove/delete/take all necessary actions required for taking down such defamatory content, to the satisfaction of both the Petitioners, from the internet/website(s) and all social media platforms, including but not limited to Facebook, X (formerly known as Twitter), WhatsApp groups, Google reviews, community groups on social media platforms, Instagram, LinkedIn and Snapchat, etc., prior to the First Motion. Both the Petitioners undertake not to post any content/comments/posts/stories about each other, each other's relatives, and/or any businesses or jobs related to each other or their relatives in the future. Even after obtaining the final decree of divorce from the Court, should both the Petitioners and/or their relatives/friends come across any content/posts/comments/stories on the internet/websites/social media platforms, etc., posted by either party and/or their relatives/friends regarding each other, both the Petitioners undertake to delete, or procure the deletion of, any such posts relating to either party to the petition, upon receiving information from the other party to the petition through their counsel, within 7 days.
d.The Second Motion Petition shall be signed by both Petitioners after the grant of the First Motion. For the purpose of the Second Motion, both Petitioners agree to file a joint application seeking waiver of the statutory period of six months prescribed under the Act, in terms of the judgment in "Amardeep Singh v. Harveen Kaur, Citation of Amardeep Singh v. Harveen Kaur judgment", since the parties have been living separately for a period longer than the statutory period. Both Petitioners undertake to cooperate with each other in presenting the aforesaid petition and to make statements before this Hon'ble Court to that effect.
11.That the Petitioners shall not withdraw their consent for obtaining the divorce by mutual consent until the divorce by mutual consent is granted, and both Petitioners have surrendered their right to withdraw such consent.
12.That after obtaining the divorce by mutual consent, both Petitioners undertake that they shall not interfere in the future life of each other, or in the lives of their respective family members, relatives and friends, and shall not claim any interest in the movable or immovable properties or business of either Petitioner or their family members. Both Petitioners shall not make any correspondence, complaints or the like against each other with any family member, relative or friend of either Petitioner before any authority, police authority or court of law in India. It is categorically understood that both Petitioners and their family members shall refrain from contacting or communicating with the other party, their relatives and friends, including through social media platforms.
13.That it is further agreed between the Petitioners that they shall be bound to uphold their respective obligations under the MOU dated Mou date day month e g dd marginDate of MOU, and any party resiling from the MOU shall be liable to proceedings under The Contempt of Courts Act, 1971.
14.That both parties undertake to remain bound by the terms of the settlement.
15.That the parties to the present petition have further undertaken that they shall not level any allegations against each other, or against the family members of each other, nor act in any manner so as to harm the reputation and image of the other party or their relatives in society at large.
16.That there is no legal impediment by reason of which the relief sought can be denied to the Petitioners. It is further submitted that no other efficacious remedy is available to the parties for the dissolution of the marriage except by way of the present petition.
17.That the present petition has been filed by both parties before this Hon'ble Court with their consent.
18.That there is no unreasonable or improper delay in filing this petition.
19.That there is no impediment in granting the relief as prayed for in the petition.
20.That no petition between the Petitioners is pending before any other court of law except the present one.
21.That Petitioner No.1 is residing at Petitioner no.1's current address, which is within the jurisdiction of this Hon'ble Court. Hence, this Hon'ble Court has jurisdiction to entertain and try this petition.
22.That the appropriate court fee for the purposes of court fee and jurisdiction has been affixed hereto.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly grant the First Motion and pass a decree of divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act, 1955 in favour of the Petitioners.
Any other or further order or relief which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may also be passed or granted in favour of the Petitioners.
PETITIONER NO.1PETITIONER NO.2
THROUGHTHROUGH
COUNSELCOUNSEL
PLACE:
DATED:
VERIFICATION
We, the above-named Petitioners, do hereby on solemn affirmation verify that the contents of the above petition from paragraph no. …… to …… are true to our knowledge, and those from paragraph no. …… to …… are true on information received and believed to be true, while the last paragraph is a prayer to this Hon'ble Court.
Verified at City where the petition was verified on this Verification date (day of September 2024) day of Verification month and year.
PETITIONER NO.1PETITIONER NO.2
IN THE COURT OF THE LD. PRINCIPAL JUDGE, FAMILY COURT, Family Court city COURTS, Family Court state
H.M.A. PETITION NO.HMA petition number OF Year of the H.M.A. petition
IN THE MATTER OF:
Petitioner no.1's namePETITIONER NO. 1
AND
**Petitioner no.2's namePETITIONER NO.2**
AFFIDAVIT
Affidavit of Petitioner no.1's honorific (e.g., Mr./Mrs.) Petitioner no.1's (wife's) name, D/o Petitioner no.1's father's name, W/o Petitioner no.1's husband's name, aged Petitioner no.1's age years, R/o Petitioner no.1's address, do hereby solemnly affirm and declare as under:
1.That I am Petitioner No. 1 in the above-named matter, am well conversant with the facts of the case, and am competent to swear the present affidavit.
2.That the marriage of the deponent with Petitioner No. 2 was solemnised according to Hindu rites and ceremonies on Date of marriage at Marriage venue (locality), Marriage venue (city).
3.That owing to differences in opinion and temperament between Petitioner No. 1 and Petitioner No. 2, the deponent and Petitioner No. 2 have been living separately since Date of separation. Despite the intervention of common friends and relations, the Petitioners were unable to reconcile their disputes, and the parties have agreed to dissolve their marriage by obtaining a decree of divorce by mutual consent. All efforts at reconciliation have failed.
4.That I undertake to abide by the terms mentioned in the MOU / Compromise Deed dated Date of MOU in their true letter and spirit.
5.That there is no unnecessary or improper delay in filing this petition.
6.That there is no legal impediment in granting the relief as prayed for in the petition.
7.That the contents of the annexed petition under Section 13B(1) of the Hindu Marriage Act, 1955, as amended up to date, have been drafted by my counsel as per my instructions, and the contents thereof have been duly read and understood by me. After fully understanding the same, I hereby state that the facts stated therein are true and correct to my knowledge.
8.That the facts stated in the petition may kindly be read as part and parcel of the present affidavit, as the contents thereof have not been reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION
I, the above-named deponent, on solemn affirmation verify that the contents of the above affidavit from paragraph no. 1 to 8 are true to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.
Verified at City where the petition was verified on Verification date (day of September 2024) Verification month and year.
DEPONENT
IN THE COURT OF THE LD. PRINCIPAL JUDGE, FAMILY COURT, Family Court city COURTS, Family Court state
H.M.A. PETITION NO.HMA petition number OF Year of the H.M.A. petition
IN THE MATTER OF:
Petitioner no.1's namePETITIONER NO. 1
AND
**Petitioner no.2's namePETITIONER NO.2**
AFFIDAVIT
Affidavit of Petitioner no.2's honorific (e.g., Mr./Mrs.) Petitioner no.2's (husband's) name, S/o Petitioner no.2's father's name, aged Petitioner no.2's age years, R/o Petitioner no.2's address, do hereby solemnly affirm and declare as under:
1.That I am Petitioner No. 2 in the above-named matter, am well conversant with the facts of the case, and am competent to swear the present affidavit.
2.That the marriage of the deponent with Petitioner No. 1 was solemnised according to Hindu rites and ceremonies on Date of marriage at Marriage venue (house number/locality), Marriage venue (locality), Marriage venue (building/address), Marriage venue (city).
3.That owing to differences in opinion and temperament between Petitioner No. 1 and Petitioner No. 2, I, the deponent, and Petitioner No. 1 have been living separately since Date of separation. Despite the intervention of common friends and relatives, the Petitioners were unable to reconcile their differences, and the parties have agreed to dissolve their marriage by obtaining a decree of divorce by mutual consent. All efforts at reconciliation have failed.
4.That I undertake to abide by the terms set out in the MOU/Compromise Deed dated Date of the MOU/Compromise Deed in their true letter and spirit.
5.That there has been no unnecessary or improper delay in filing this petition.
6.That there is no legal impediment to the grant of the relief prayed for in the petition.
7.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, and the contents thereof have been duly read over and understood by me. Having fully understood the same, I state that the facts stated therein are true and correct to my knowledge.
8.That the facts stated therein may kindly be read as part and parcel of the present affidavit, as the contents thereof have not been reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION:-
I, the above-named deponent, on solemn affirmation, verify that the contents of the above affidavit, from paragraph No. 1 to paragraph No. 8, are true to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.
Verified at Place of verification on this Verification date (day of September 2024) day of September, 2024.
DEPONENT