IN THE COURT OF Name of the court
H.M.A. PETITION NO. HMA petition number OF Year of the petition.
IN THE MATTER OF:-
SMT. Petitioner No. 1's name
W/o Petitioner No. 1's husband's name
D/o Petitioner No. 1's father's name
R/o Petitioner No. 1's residential address
Petitioner No. 1's locality,
Petitioner No. 1's city-Petitioner No. 1's pin code.PETITIONER NO.1
VERSUS
SH. Petitioner No. 2's name
S/o Petitioner No. 2's father's name
R/o Petitioner No. 2's residential address
Also at:-
Petitioner No. 2's alternate address line 1PETITIONER 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 was married to the Petitioner No. 2 in accordance with Hindu rites and ceremonies on Date of marriage at Place of marriage. (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
| WIFE | STATUS | AGE | PLACE OF RESIDENCE |
| Before the marriage | Hindu Spinster | Wife's age before marriage yrs | Wife's residence before marriage |
| At the time of filing the petition | Hindu married | Wife's age at filing yrs | Wife's residence at filing |
PETITIONER NO. 2
| HUSBAND | STATUS | AGE | PLACE OF RESIDENCE |
| Before the marriage | Hindu Bachelor | Husband's age before marriage yrs | Husband's residence before marriage |
| At the time of filing the petition | Hindu married | Husband's age at filing yrs | Husband's residence at filing |
3.That after the marriage, the petitioners lived together as husband and wife in the matrimonial home at Place of matrimonial home and the marriage was duly 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 the parties have not been able to live together as husband and wife.
5.That owing to temperamental differences, both parties began quarrelling over trivial issues and have been unable to live together peacefully, despite the best efforts made by their relatives and common friends.
6.That on account of the said temperamental differences, there exists no formal or informal relationship, whether physical or mental, between the petitioners as husband and wife, and they have been living separately from Date of separation.
7.That in respect of the aforesaid matter, during the proceedings of the case titled Title of earlier case, HMA No. Earlier HMA case number, the parties arrived at an amicable settlement before Name of mediation centre vide Med. No. Mediation case number, after efforts made by respectable persons, family members and relatives. All articles have already been exchanged between the respective parties, and nothing now remains due against either of them. It is further pertinent to mention that the present settlement has been arrived at between the petitioners for a total sum of Rs. Total settlement amount towards full and final settlement of the stridhan and the past, present and future maintenance of Petitioner No. 1, which amount shall be paid by Petitioner No. 2 to Petitioner No. 1 in five instalments, in the following manner:-
(a)First instalment of Rs. First instalment amount by way of cash / 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 three execution petitions pending before the same referral court, i.e., on Date of first installment payment.
(b)Second instalment of Rs. Second instalment amount by way of cash / 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)Third instalment of Rs. Third instalment amount by way of cash / 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 third installment payment.
(d)Fourth instalment of Rs. Fourth instalment amount by way of cash / demand draft before the court concerned, at the time of recording of the statements of the parties in the second motion for divorce by mutual consent.
(e)Fifth / final instalment of Rs. Fifth instalment amount by way of demand draft before Forum for quashing of FIR at the time of quashing of FIR No. FIR number, 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 be restored to the position that existed prior to their arriving at the said settlement.
10.That Petitioner No. 1 shall not claim any maintenance, past, present or future alimony or otherwise, 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 a manner of their own choice, after their marriage stands dissolved by a decree of divorce by mutual consent.
13.That Petitioner No. 1 and Petitioner No. 2 have agreed to withdraw all cases and complaints pending against each other in any court of law, and both have further agreed that they shall not institute any civil or criminal proceedings against each 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.
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 exists 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 not interfere in each other's personal lives at any time and shall not raise any claim against the properties of the other. Both parties have also agreed that they shall not withdraw their consent for obtaining a divorce by mutual consent. In the event of withdrawal or withholding of consent by either party, the aggrieved party shall be entitled to pursue all remedies available to it under law as existed prior to the institution of the present petition.
18.That as the parties hereto have no grievance remaining against each other, they hereby undertake 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 legal grounds as to why the relief prayed for should not be granted.
24.That the requisite court fee has been affixed on the present petition, and this Hon'ble Court has the requisite court fee and jurisdiction to entertain the same.
25.That the marriage of the petitioners was solemnized at Place of marriage and, after the separation, Petitioner No. 1 has been residing at her parental home at Wife's parental home address, 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 petition 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
DATED:THROUGH:
COUNSEL
PETITIONER NO. 2
THROUGH:
COUNSEL
VERIFICATION
Verified at Place of verification on this Date of verification of petition day of Month and 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. The last paragraph is the humble prayer to this Hon'ble Court.
PETITIONER NO. 1PETITIONER NO. 2
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, Family court complex, DELHI
H.M.A. PETITION No. HMA petition number/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 deponent's name, D/o Wife deponent's father's name, R/o Wife deponent's address, aged about Wife deponent'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 Place of marriage.
3.That Petitioner No. 2 has been residing separately from the deponent w.e.f. Date of separation owing to temperamental differences, and the parties have not been able to live together or cohabit as husband and wife since then till date.
4.That as 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 and understood by me. I, after fully understanding the contents thereof, state that the facts stated therein are true and correct to my knowledge, and I pray that the contents of the said petition may kindly be read as part and parcel of the present affidavit, the same not having been reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION:-
Verified at Place of verification on this Date of verification of wife's affidavit day of Month and year of verification of wife's affidavit that the contents of my above affidavit are true and correct and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, Family court complex, DELHI
H.M.A. PETITION No. HMA petition number/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 deponent's name, S/o Husband deponent's father's name, R/o House No. Husband deponent's house number, presently at Husband deponent's current place of residence, aged about Husband deponent'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 at Place of marriage.
3.That the deponent has been residing separately from Petitioner No. 1 w.e.f. Date of separation owing to temperamental differences, and the parties have not been able to live together or cohabit as husband and wife since then till date.
4.That as 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 and understood by me. I, after fully understanding the contents thereof, state that the facts stated therein are true and correct to my knowledge, and I pray that the contents of the said petition may kindly be read as part and parcel of the present affidavit, the same not having been reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION:-
Verified at Place of verification on this Date of verification of husband's affidavit day of Month and year of verification of husband's affidavit that the contents of my above affidavit are true and correct and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, Family court complex, 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
SMT. Petitioner No. 1's name
W/o Petitioner No. 1's husband's name
D/o Petitioner No. 1's father's name
R/o Petitioner No. 1's residential addressPETITIONER NO. 1
VERSUS
SH. Petitioner No. 2's name
S/o Petitioner No. 2's father's name
R/o Petitioner No. 2's residential address
Also at:-
Petitioner No. 2's alternate addressPETITIONER NO. 2
DELHIPETITIONER NO. 1
DATE:
THROUGH:
COUNSEL
PETITIONER NO. 2
THROUGH:
COUNSEL
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, Family court complex, 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 UNDER SECTION 13-B(1) OF THE HINDU MARRIAGE ACT | |
| 3. | AFFIDAVITS IN SUPPORT OF THE PETITION | |
| 4. | LIST OF DOCUMENTS ALONGWITH DOCUMENTS | |
DELHIPETITIONER NO. 1
DATE:
THROUGH:
COUNSEL
PETITIONER NO. 2
THROUGH:
COUNSEL
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, Family court complex, 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:
THROUGH:
COUNSEL
PETITIONER NO. 2
THROUGH:
COUNSEL