Mutual Divorce Petition

                        IN THE COURT OF THE HON’BLE FAMILY COURT   PUNE, AT   PUNE

 

                                            Family Suit No. 189/2020

 

Mrs. Kanak Singh

W/o.   Kuldeep Singh

D/o.   Jayant Sharma

Aged:  37years, Occupation: – Service

Gender:-Female, Religion:-Hindu

Permanent Address:- C-11 Swyam Siddha Society, Kothrud, Pune

411038

Email:  kanak.kk@gmail.com                                                                           …Petitioner No. 1

Phone:-            9876543211   

                                                                        AND

Mr.Kuldeep Singh

S/o. Yashraj Singh

Aged about: -40years, Occupation:- Service

Religion: – Hindu, Gender:- Male

Permanent Address:- C-11 Swyam Siddha Society,Kothrud,Pune

411038

Email:- kulddep.singh@gmail.com                                                                                    

Phone:-            9875647372

                                                                                                                        …Petitioner No. 2

 

 

 

                            PETITION   UNDER   SECTION   13-B    OF THE HINDU   MARRIAGE   ACT, 1955

    THAT THE PETITIONERS ABOVE NAMED MOST RESPECTFULLY SHOWETH:-

1. The Petitioners herein are Hindus by religions. The marriage between the Petitioners was solemnized  On 30th May 2015 at Pune. The aforesaid marriage was registered with the Registrar of Marriage at Pune.

 The state of Maharashtra, India vides Serial No 187 of Volume VII as of 30th May 2015.

 That the copy of the Marriage certificate is attached herewith petition. That the copy of the Marriage  Photographs are attached herewith to the petition.

2 .  That the Petitioner No. 1 is not pregnant.

3. That the Petitioners state that they last resided together at a permanent address.

4.That the Petitioners herein have had irreconcilable differences and have realized that their likings, tastes of life, temperaments, ideas, ideologies, thinking, aptitudes, attitudes, intellectual reactions, capacities, feelings, moods,  habits, nature and general approach to life are so different from each other that it would not be possible for them  to continue with the marriage and live under same roof.

5. That the Petitioners state that due to incompatibility, both the Petitioners started having disputes with each other and as a result, it has become difficult for them to live together as husband and wife.

6. That the Petitioners state that incompatibility with each other made it difficult for them to co-exist and they stopped cohabiting as husband and wife since two months. The Petitioner No. 1 and the Petitioner No. 2 are residing separately since two months.

7. The Petitioners state that the differences between them have reached to such a stage that it is not possible for them to reconcile. The Petitioners have tried their best to have reconciliation for a happy domesticity, but they have been very unfortunate to bring about the same. That relatives and friends of the Petitioners also tried to bring about reconciliation between Petitioners but their efforts have failed.

 The Petitioners have therefore decided to file this petition U/s. 13- B of Hindu Marriage Act, 1955 for divorce by Mutual Consent, on certain terms and conditions mentioned hereinbelow:-

(a)The marriage between the Petitioners dated 30th May 2015 shall be dissolved by a decree of divorce under Section 13 (B) of the Hindu Marriage Act, 1955.

(b)        Terms and condition to be incorporated agreed by and between both the petitioners.

(c)        That no communication should be continued between the spouse.

(d).      That no alimony is prayed before the court

(e)        That it is final to get separated.

8.The cause of action arises to file the present petition since there is a dispute between the Petitioner and the Petitioners are not cohabiting and residing together for more than one years and after all attempt to reconcile the  parties are failed and further decided to dissolve the marriage by mutual consent.

9. That the Petitioners most respectfully state and submit that the Petitioners have no other alternative equally efficacious remedy save and except, but to approach this Hon’ble Court by way of filing this present Petition in the above-stated facts and circumstances of the case as well as in the interest of justice.

10. That the Petitioners most respectfully state and submit that the Petitioners have not filed any other petition or suit in any other Hon’ble courts of law in India for Decree of Divorce 13(B) of The Hindu Marriage Act, 1955.

11.That the Petitioners submit that they have filed this petition without anybody’s duress, coercion and out of their free will and accord and no force, fraud or pressure is applied on any of them for the purpose of filing this petition.

12.That the Petitioners residing at a permanent address mentioned in cause title or marriage Solemnized within the Jurisdiction or wife and therefore, this Hon’ble Court has jurisdiction to entertain and try the present petition.

13.That there is no collusion between the Petitioners in filing the present petition.

14. That the Petitioners state that they have been residing separately for a period for almost two years prior to the filing.

15 . That the Petitioners have paid court fees of Rs.2000 on this Petition.

                                               

PRAYER

16.That the Petitioners, therefore, most humbly pray to this Hon’ble Court: –

a) That the marriage solemnized between the Petitioners on 30th May 2015 at Pune  registered Vide  Serial No.187 of Volume VII as on 30th May 2015 may kindly be dissolved by a decree of divorce by  mutual consent under Section 13-B of the Hindu Marriage Act, 1955, on the terms and conditions mentioned hereinabove;

b) Any other just and equitable orders may be passed in the interest of justice.

AND FOR THIS ACT OF KINDNESS AND JUSTICE THE APPLICANT AS IN DUTY BOUND SHALL FOREVER PRAY.

 

Place:- Pune                                                              __________________________________

Dated: – 26/04/2021                                                                                                PETITIONER NO. 1

                                                                                                               

                                                                                 __________________________________      

                                                                                                                                        PETITIONER NO. 2

       

                   

VERIFICATION

We the Petitioners above named, do hereby state on the solemn affirmation that the contents of the above petition are true and correct to the best of my knowledge, information, and belief.  Solemnly affirmed on this twenty-sixth day of the month of April, at Pune.

                                                                                                                                                                                             

                                                                                                                 ___Sign____________                                                     Petitioner No.  1                                                                                                                                                        Petitioner No.  2                                                                                       ____Sign___________

                                                                                                                                                                     

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