Second motion petition for divorce by mutual consent under Section 13-B(2) Hindu Marriage Act with affidavits
0 of 39 blanks filled
IN THE MATTER OF:-
Wife's name (Petitioner No.1)... Petitioner No.1
Versus
Husband's name (Petitioner No.2)... Petitioner No.2
SECOND MOTION PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY MUTUAL CONSENT UNDER SECTION 13-B(2) OF THE HINDU MARRIAGE ACT, 1955
The First Motion was allowed by Sh. Name of first motion judge, Ld. Principal Judge, Family Court, Name of the Family Court where first motion was filed, vide order dated Date of the first motion order.
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. (The marriage photographs evidencing the factum of the 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 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 | Wife's residence before marriage |
| At the time of filing the petition | Hindu Married | Wife's age at filing of petition | Wife's residence at filing of petition |
PETITIONER NO.2
| HUSBAND | STATUS | AGE | PLACE OF RESIDENCE |
| Before the marriage | Hindu Bachelor | Husband's age before marriage | Husband's residence before marriage |
| At the time of filing the petition | Hindu Married | Husband's age at filing of petition | Husband's residence at filing of petition |
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 the Petitioner No.1 left the matrimonial home on Date of separation, and the Petitioners have been living separately from each other since then, as both of them realised that they had reached a state of irreconcilable differences.
6.That, as stated above, since the Petitioners have been living separately from each other since Date of separation, there have been no chances of reconciliation, nor has there been any possibility or probability of their ever living together as husband and wife. Hence, both parties have decided to dissolve their marriage of their own free will and consent.
7.That the parties to the petition have mutually agreed that their marriage should be dissolved by mutual consent by a decree of divorce by this Hon'ble Court.
8.That a settlement/compromise deed executed between the parties before the Counselling Cell, Family Courts, Place/court where settlement was executed on Date of settlement/compromise deed has amicably settled all their disputes.
9.That with the benign intervention of friends and relatives, and pursuant to the settlement/compromise arrived at between the parties before the Counselling Cell, Family Courts, Place/court where settlement was executed on Date of settlement/compromise deed, the parties have amicably settled their disputes and have arrived at a compromise on the following terms and conditions:
(a)That the Petitioner No.1 and the Petitioner No.2 have agreed to obtain a decree of divorce by mutual consent and shall cooperate with each other for the said purpose.
(b)That the Petitioner No.2 has agreed to pay a sum of Total settlement amount towards full and final settlement of all claims of the Petitioner No.1 relating to permanent alimony and maintenance of the Petitioner No.1 (past, present and future), which sum the Petitioner No.1 has agreed to accept as such.
(c)That the settled sum of Total settlement amount shall be paid by the Petitioner No.2 to the Petitioner No.1 by way of cash/demand draft in three installments, as per the following schedule:
(i)The first installment of First installment amount was paid to the Petitioner No.1 by the Petitioner No.2 at the time of recording of the statement in the first motion petition under Section 13-B(1) of the Hindu Marriage Act, 1955, vide order dated Date of first motion order for first installment.
(ii)The second installment of Second installment amount shall be paid at the time of recording of the statement during the present second motion petition under Section 13-B(2) of the Hindu Marriage Act, 1955.
(iii)The third and final installment of Third installment amount shall be paid at the time of quashing of the FIR before the High Court.
(d)That in pursuance of the mediation settlement dated Date of settlement/compromise deed, the Petitioner No.2 has returned all the belongings, articles and Stridhan of the Petitioner No.1. The Petitioner No.1 has withdrawn all complaints/cases pending before the Court after receiving all her belongings, articles and Stridhan.
(e)That the Petitioner No.1 shall have no right, and shall not claim any right, in any of the properties belonging to the Petitioner No.2 or to his family members.
(f)That the Petitioner No.1 shall not claim or raise any demand for maintenance, alimony or otherwise whatsoever in future from the Petitioner No.2 after the grant of the decree of divorce by mutual consent, and if the Petitioner No.1 does so, the same shall be void ab initio.
(g)That the mediation settlement dated Date of settlement/compromise deed was arrived at between the parties whereby they settled all their disputes and grievances without any pressure, undue influence, coercion or threat from any quarter, and both parties voluntarily arrived at the present arrangement of their own free will and consent, with the intervention of common friends and relatives.
(h)That the Petitioner No.1 shall have no relation or concern whatsoever, in any manner, with the Petitioner No.2 after the grant of the decree of divorce by mutual consent.
(i)That both parties undertake not to interfere with, or create any trouble in, the life of each other, or in the life of any member of their respective families, after the dissolution of the said marriage.
(j)That both parties undertake to withdraw all complaints, if any, pending against each other or their relatives, and further undertake not to file any complaint, civil or criminal case, against each other or their relatives in future.
(k)That both parties undertake not to initiate any proceedings in any manner in any court of law regarding their previous marital relations after the execution of the present petition.
(l)That both parties undertake not to raise any dispute or claim at any time in the future against each other, after the dissolution of the marriage, with respect to their previous marital life.
10.That the Petitioners are fully satisfied with the present arrangement and, as such, shall not file any claim of any nature whatsoever in future, including any claim for maintenance or permanent alimony, against each other or their respective family members.
11.That both parties have also agreed that they shall never interfere in the personal lives of each other at any time and shall also not make any claim against the properties of each other. Both parties have further agreed that they shall not withdraw their consent to obtain the 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 under law as on the date of the institution of this petition.
12.That as the parties hereto have no grievance left 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.
13.That the parties to the petition have taken the decision to dissolve their matrimonial ties keeping in view their future welfare and better prospects.
14.That the consent of either party has not been obtained by force, fraud or undue influence.
15.That the present petition has not been filed in collusion between the parties.
16.That there has been no unnecessary or improper delay in filing this petition.
17.That there are no other legal grounds as to why the relief prayed for should not be granted.
18.That the requisite court fee has been affixed on this petition in accordance with the requirements of court fee and jurisdiction.
19.That the marriage between the petitioners was solemnized at Place where the marriage was solemnized, and the petitioners are residing at City where the parties reside and the petition is verified; this Hon'ble Court therefore has jurisdiction to entertain and try 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 second motion and pass a decree of divorce under Section 13-B(2) of the Hindu Marriage Act, 1955, by mutual consent of the parties, thereby dissolving the marriage between the parties to the present petition.
City where the parties reside and the petition is verifiedPetitioner No. 1
Dated:
COUNSEL
Petitioner No. 2 through
(Counsel)
VERIFICATION
Verified at City where the parties reside and the petition is verified on this Date of verification of petition day of Month and year of verification. The above-named petitioners state on solemn affirmation that the contents of paragraphs 1 to 13 of the above petition are true and correct to their knowledge, and that the contents of paragraphs 14 to 19 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 DISTRICT & PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI, DELHI
H.M.A. Petition No. HMA petition number (2016)/2016
IN THE MATTER OF:-
Wife's name (Petitioner No.1)PETITIONER NO. 1
AND
Husband's name (Petitioner No.2)PETITIONER NO. 2
AFFIDAVIT
I, Wife's name (deponent, Petitioner No.1), W/o Sh. Wife's father's or husband's name, R/o Wife's address, aged about Wife's age before marriage years, do hereby solemnly affirm and state on oath as under:-
1.That I am 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 where the marriage was solemnized.
3.That Petitioner No. 2 has been residing separately from the deponent with effect from Date of separation 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 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 sought 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, and after fully understanding the same, I state that the facts stated therein are true and correct to my knowledge. The said petition may kindly be read as part and parcel of the present affidavit, as its contents have not been reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION:
Verified at City where the parties reside and the petition is verified on this Date of wife's affidavit verification day of Month and year of 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 DISTRICT & PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI, DELHI
H.M.A. Petition No. HMA petition number (2017)/2017
IN THE MATTER OF:-
Wife's name (Petitioner No.1)PETITIONER NO. 1
AND
Husband's name (Petitioner No.2)PETITIONER NO. 2
AFFIDAVIT
I, Husband's name (deponent, Petitioner No.2), S/o Sh. Husband's father's name, R/o Husband's address, aged about Husband's age before marriage years, do hereby solemnly affirm and state on oath as under:-
1.That I am 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 where the marriage was solemnized.
3.That the deponent has been residing separately from Petitioner No. 1 with effect from Date of separation 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 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 sought 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, and after fully understanding the same, I state that the facts stated therein are true and correct to my knowledge. The said petition may kindly be read as part and parcel of the present affidavit, as its contents have not been reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION:
Verified at City where the parties reside and the petition is verified on this Date of husband's affidavit verification day of Month and year of 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 DISTRICT & PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI, DELHI
H.M.A. Petition No. HMA petition number (2017)/2017
IN THE MATTER OF:-
Wife's name (Petitioner No.1)PETITIONER NO. 1
AND
Husband's name (Petitioner No.2)PETITIONER NO. 2
MEMO OF PARTIES
Wife's name (Petitioner No.1)... Petitioner No. 1
Versus
Husband's name (Petitioner No.2)... Petitioner No. 2
City where the parties reside and the petition is verifiedPETITIONER NO. 1
DATE:
THROUGH
COUNSEL
PETITIONER NO. 2
THROUGH
COUNSEL
IN THE COURT OF DISTRICT & PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI, DELHI
H.M.A. Petition No. HMA petition number (2017)/2017
IN THE MATTER OF:-
Wife's name (Petitioner No.1)PETITIONER NO. 1
AND
Husband's name (Petitioner No.2)PETITIONER NO. 2
INDEX
| S.L. NO. | PARTICULARS | PAGE NO. |
|---|---|---|
| 1. | MEMO OF PARTIES |
| 2. | PETITION UNDER SECTION 13-B(2) OF THE H.M.A. ACT |
| 3. | AFFIDAVITS IN SUPPORT OF THE PETITION |
| 4. | LIST OF DOCUMENTS ALONG WITH DOCUMENTS |
| 5. | VAKALATNAMA |
City where the parties reside and the petition is verifiedPETITIONER NO. 1
DATE:
THROUGH
COUNSEL
PETITIONER NO. 2
THROUGH
COUNSEL
IN THE COURT OF DISTRICT & PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI, DELHI
H.M.A. Petition No. HMA petition number (2017)/2017
IN THE MATTER OF:-
Wife's name (Petitioner No.1)PETITIONER NO. 1
AND
Husband's name (Petitioner No.2)PETITIONER NO. 2
List of Documents
| S No. | Particulars of Documents | 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 MOU. |
| 5. | Decree / order dated Date of first motion decree / order and statements of the petitioners. |
City where the parties reside and the petition is verifiedPETITIONER NO. 1
DATE:
THROUGH
COUNSEL
PETITIONER NO. 2
THROUGH
COUNSEL