Petition under Section 13B(1) Hindu Marriage Act for divorce by mutual consent with affidavits
0 of 61 blanks filled
IN THE MATTER OF:
Petitioner no. 1's name… PETITIONER NO. 1
AND
Petitioner no. 2's name… PETITIONER NO. 2
INDEX
| S. No. | Particulars | Page No. | Court Fees |
|---|---|---|---|
| 1. | Memo of parties |
| 2. | Petition under Section 13B(1) of the Hindu Marriage Act, along with affidavits |
| 3. | List of documents with documents |
| 4. | Vakalatnama |
Petitioner No. 1Petitioner No. 2
Through
CounselCounsel
IN THE HON'BLE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, GURUGRAM, HARYANA
H.M.A. PETITION NO. HMA petition number OF Year of HMA petition
IN THE MATTER OF:
Petitioner no. 1's name… PETITIONER NO. 1
AND
Petitioner no. 2's name… PETITIONER NO. 2
MEMO OF PARTIES
Smt. Petitioner no. 1's name (wife)
W/o Petitioner no. 1's husband's name
D/o Petitioner no. 1's father's name
R/o Petitioner no. 1's address… Petitioner No. 1
AND
Sh. Petitioner no. 2's name (husband)
S/o Petitioner no. 2's father's name
R/o Petitioner no. 2's addressPetitioner no. 2's description, Petitioner No. 2
Petitioner No. 1Petitioner No. 2
Through
CounselCounsel
IN THE HON'BLE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, GURUGRAM, HARYANA
H.M.A. PETITION NO. HMA petition number OF Year of HMA petition
IN THE MATTER OF:
Smt. Petitioner no. 1's name (wife)… PETITIONER NO. 1
AND
Sh. Petitioner no. 2's name (husband)… PETITIONER NO. 2
PETITION UNDER SECTION 13B(1) OF THE HINDU MARRIAGE ACT, 1955 FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY MUTUAL CONSENT
MOST RESPECTFULLY SHOWETH:
1.That the marriage between the parties to this petition was solemnized on Date of marriage at Place of marriage. Proof of the marriage, together with photographs, is annexed herewith. Out of the said wedlock, the parties have one daughter, namely Daughter's name, born on Daughter's date of birth.
2.That the status, age and place of residence of the parties to the marriage, before the marriage and at the time of filing of this petition, were/are as follows:
BEFORE THE MARRIAGE
| Wife | Husband | |||
|---|---|---|---|---|
| Status & Age | Residence | Status & Age | Residence |
| Hindu, unmarried; Wife's age before marriage years | Wife's residence before marriage | Hindu, bachelor; Husband's age before marriage years | Husband's residence before marriage |
AT THE TIME OF FILING OF THE PETITION
| Wife | Husband | |||
|---|---|---|---|---|
| Status & Age | Residence | Status & Age | Residence |
| Hindu, married; Wife's current age years | Wife's current residence | Hindu, married; Husband's current age years | Husband's current residence |
3.That on account of differences in temperament and behaviour between the parties, they were unable to live together as husband and wife and have been living separately from each other since Date of separation, i.e. since the year Year of separation.
4.That all efforts at reconciliation made by the family members, relatives and friends of both parties have failed, and there is now no possibility of reconciliation between the parties in the future. The parties have, therefore, finally decided to obtain a divorce by mutual consent.
5.That, as per the settlement arrived at between the parties, it has been agreed 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.
6.That the property situated at Address of jointly owned property is presently jointly owned by petitioner no. 1 (as first owner) and petitioner no. 2 (as second owner). The said property is currently mortgaged with State Bank of India against a home loan. It has been agreed that petitioner no. 1 shall exclusively continue with the said loan, and that all papers of the property shall be transferred solely in the name of petitioner no. 1.
7.That the vehicle, Honda Amaze, bearing registration no. Vehicle registration number Vehicle registration number (part), shall be transferred back to petitioner no. 1.
8.That all the gold stored in the locker at State Bank of India, Bank branch of gold locker, shall be handed over to petitioner no. 1 together with the keys, and the locker shall be transferred to the name of petitioner no. 1. Further, the gold set gifted to petitioner no. 1 at the muh dikhai ceremony, which is presently in the possession of the in-laws of petitioner no. 1, shall be returned to her.
9.That all the household items lying at Location of household items belong to petitioner no. 1 and shall, accordingly, be handed back to her.
10.That all monies held in the individual accounts of the parties shall be retained by the respective account holder, and the other party shall have no claim whatsoever over the said account. Petitioner no. 1 and petitioner no. 2 hold two bank accounts in joint names at State Bank of India, Branch of joint bank accounts. The details of the said bank accounts are as follows: (a) Current account number (current account); (b) Savings account number (savings account). From the said bank accounts, an amount of Rs. Amount payable to petitioner no. 2 at first motion (₹)/- shall be paid to petitioner no. 2 at the time of recording of the statements of the parties in the first motion petition before this Hon'ble Court, and an amount of Rs. Amount payable to petitioner no. 2 at second motion (₹)/- shall be paid to petitioner no. 2 at the time of recording of the statements of the parties in the second motion petition. After the transfer of Rs. Amount transferred to petitioner no. 2 (₹), the remaining amount shall be handed over to petitioner no. 1, and both the said bank accounts shall thereafter continue exclusively in the name of petitioner no. 1.
11.That all investments made individually by petitioner no. 1 and petitioner no. 2 shall remain in their respective individual names, and the opposite party shall have no claim whatsoever in the said investments.
12.That all monthly/quarterly school fees of Daughter's name (the daughter) shall be paid by petitioner no. 2 as per the school requisition slip, until Daughter's name completes her schooling. The amount payable as fees has been mutually settled at a maximum of Rs. Maximum monthly school fees (₹)/- per month.
13.That when Daughter's name commences her college education, petitioner no. 2 shall pay the actual fees of the graduation course pursued by his daughter, subject to a maximum limit of Rs. Maximum annual college fees (₹)/- per annum.
14.That petitioner no. 2 shall procure a child insurance policy of at least Rs. Child policy amount (₹)/-, the premium whereof shall be paid entirely by petitioner no. 2, in order to secure the future of Daughter's name in the event of the demise of petitioner no. 2.
15.That petitioner no. 1 shall have full guardianship of Daughter's name and shall have the comprehensive right to take all decisions concerning Daughter's name until she attains majority.
16.That petitioner no. 2 shall be entitled to visitation rights to meet his daughter.
17.That the current residential address of petitioner no. 1 shall not be disclosed to petitioner no. 2, in order to maintain her safety and privacy.
18.That petitioner no. 2 shall not withdraw the complaint until the second motion has been signed and the decree of divorce has been granted.
19.That petitioner no. 2 shall keep petitioner no. 1 informed of his current address and telephone number at all times, and in the event that petitioner no. 2 travels outside the country, he shall inform petitioner no. 1 by email.
20.That none of the copies of the documents of petitioner no. 1 in the possession of petitioner no. 2 shall be used for any purpose until the filing of the petition.
21.That it has been further agreed between the parties that, apart from the matters mentioned above, any complaint/litigation pending between the parties shall stand settled/withdrawn by virtue of this settlement.
22.It is further agreed that, pursuant to this settlement, both parties shall have no claims of any nature whatsoever against each other and shall be free to live their lives independently without interference from the other. Neither party shall claim any rights in the movable or immovable properties of the respondent/husband or his family members, or vice versa. Both parties and their respective relatives shall not institute any case or litigation against each other in the future.
23.That both parties have arrived at the present settlement out of their own free will and consent, without any force, compulsion, or coercion, and they are signing the present settlement after fully understanding its contents, which have also been read over and explained to them in vernacular.
24.That both parties undertake to remain bound by the terms of the settlement.
25.That no proceedings, whether civil or criminal, shall be instituted by the parties or their respective relatives in relation to any matter arising out of the present marriage. In the event that any such complaint has been lodged against either of the parties (whether or not it is within the knowledge of either of them), the same shall be deemed to have been withdrawn from the date of institution of the present petition. Both parties further undertake not to litigate against each other, or against their respective family members, in the future with regard to this marriage.
26.That the present petition is not being filed in collusion between the parties.
27.That there is no legal impediment to the grant of the relief of divorce to the parties.
28.That the marriage was solemnized at Place of marriage and the parties hereto are presently residing at Place of present residence of parties; this Hon'ble Court therefore has jurisdiction to try and decide the present petition.
29.That the appropriate court fee of Rs. Court fee amount (₹), as required under law, has been paid on the petition.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to dissolve the marriage between the parties by a decree of divorce under Section 13B(2) of the Hindu Marriage Act, in the interest of justice.
It is, therefore, most respectfully prayed accordingly.
Petitioner No. 1Petitioner No. 2
Through
COUNSELCOUNSEL
VERIFICATION:
Verified on this Date of verification of petition that the above-named petitioners do hereby state on solemn affirmation that the contents of paragraphs 1 to 29 of the petition are true and correct to our knowledge, based on information received and believed to be true. The last paragraph is the prayer.
Petitioner No. 1Petitioner No. 2
IN THE HON'BLE COURT OF PRINCIPAL JUDGE, FAMILY COURT, GURUGRAM, HARYANA
H.M.A. PETITION NO. HMA petition number OF Year of HMA petition
IN THE MATTER OF:
Petitioner no. 1's name...PETITIONER NO. 1
AND
Petitioner no. 2's name...PETITIONER NO. 2
A F F I D A V I T
I, Deponent's name (husband), aged Deponent's age (husband) years, S/o Deponent's father's name (husband), R/o Deponent's address (husband), do hereby solemnly affirm and declare as under:
1.That on Date of marriage (day).Date of marriage (month).Year of marriage, the marriage between the parties to the present petition was solemnized at Place of marriage.
2.That there is no collusion between the parties in filing the present petition.
3.That the parties have been living separately since Date of separation (month).0X.Year of separation till date.
4.That the accompanying petition under Section 13B(1) for dissolution of marriage has been drafted under my instructions, and the contents thereof, except the legal averments contained therein, are true and correct to the best of my knowledge and information. The contents of the accompanying petition are not reproduced herein for the sake of brevity, and the same may be read as part and parcel of this affidavit.
5.That my consent has not been obtained by force, fraud, pressure, undue influence, or coercion from any quarter whatsoever.
DEPONENT
VERIFICATION:
Verified on solemn affirmation on this Date of verification of husband's affidavit at Place of verification of husband's affidavit that the contents of the above affidavit are true and correct to the best of my knowledge and belief; no part of it is false and nothing material has been concealed therefrom.
DEPONENT
IN THE HON'BLE COURT OF PRINCIPAL JUDGE, FAMILY COURT, GURUGRAM, HARYANA
H.M.A. PETITION NO. HMA petition number OF Year of HMA petition
IN THE MATTER OF:
Smt. Petitioner no. 1's name (wife)...PETITIONER NO. 1
AND
SH. Petitioner no. 2's name (husband)...PETITIONER NO. 2
A F F I D A V I T
I, Deponent's name (wife), aged Deponent's age (wife) years, W/o SH. Deponent's husband's name, D/o Deponent's father's name (wife), R/o Deponent's address (wife), do hereby solemnly affirm and declare as under:
1.That on Date of marriage (day).Date of marriage (month).Year of marriage, the marriage between the parties to the present petition was solemnized at Place of marriage.
2.That there is no collusion between the parties in filing the present petition.
3.That the parties have been living separately since Date of separation (month).0X.Year of separation.
4.That the accompanying petition under Section 13B(1) for dissolution of marriage has been drafted under my instructions, and the contents thereof, except the legal averments contained therein, are true and correct to the best of my knowledge and information. The contents of the accompanying petition are not reproduced herein for the sake of brevity, and the same may be read as part and parcel of this affidavit.
5.That my consent has not been obtained by force, fraud, pressure, undue influence, or coercion from any quarter whatsoever.
DEPONENT
VERIFICATION:
Verified on solemn affirmation on this Date of verification of wife's affidavit at Place of verification of wife's affidavit that the contents of the above affidavit are true and correct to the best of my knowledge and belief; no part of it is false and nothing material has been concealed therefrom.
DEPONENT