SAMPLE DRAFT OF PETITION FOR DIVORCE BY MUTUAL CONSENT U/S 13b OF HINDU MARRIAGE ACT, 1955.

IN THE COURT OF PRINCIPAL JUDGE: FAMILY COURT: ROHINI COURT: DELHI

 HMA PETITION ________ OF 2021

IN THE MATTER OF:-

SH. SHIV PRAKASH

S/O SH. OM PRAKASH

R/O __________,

DELHI                                                                                                                                …PETITIONER NO.1

 versus

SMT. SUNITA DEVI

W/O SH. SHIV PRAKASH

D/O SH. SHYAM SINGH

R/O ____________,

DELHI                                                                                                                                    …PETITIONER NO.2

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY MUTUAL CONSENT U/S 13-B-(1) OF HINDU MARRIAGE ACT 1955 .

MOST RESPECTFULLY SHOWETH:

The petitioners named above most respectfully submits as under:

1. That the marriage of the petitioner no.1 was solemnized with petitioner no.2 on 17.04.2004 at Delhi. The affidavits of the parties to the petition are enclosed herewith for the kind perusal of this Hon’ble Court.
2. That the age status place of residence of both the petitioner before their marriage and at the time of filing the present petition were as under:-

PETITIONER NO.1/ HUSBAND

PETITIONER NO.2/ WIFE

3. That the parties in the petition were Hindu at the time of the marriage and they continue to be so even at the time of filing of the present petition.
4. That after the marriage, the petitioners lived together at the matrimonial and co-habited with each other as legally wedded husband and wife at the matrimonial house at the above said address and the petitioner no.1 & Petitioner No.2, however no child had been born out of the said wed-lock.
5. That parties to the petition could not live together and could not pull out their matrimonial life together as temperamental disputes and differences arose between the petitioners and they decided to live separately from each other since 13.02.2009 and their marriage has been broken down irrevocably and there is no chances of their re-union in future.
6. That the petitioner no.2 had settled all her claims regarding her stridhan, past, present and future alimony for herself and the petitioner no.1 had already paid a sum of Rs. 1,50,000/- as full and final settlement to the petitioner no.2 on 08.08.2009 vide cheque no.: 769272 for a sum of Rs. 1,20,000/- and Rs. 30,000/- in cash which has been duly received by the petitioner no.2 as per the settlement arrived at the Mediation Cell, Rohini, Delhi. The copy of the same is attached herewith.
7. The parties to the petitioner have sorted out their claims, disputes and differences outside the court and now nothing is due or pending of the parties to the petition against each other.
8. That the petitioner no.1 and the petitioner no.2 shall not file any claim, petition, or any other complaint or any other proceedings against each other except this second motion petition. The petitioner no.2 will withdraw all her complaints / cases pending in any court of law / authorities, if any, against the petitioner no.1. The petitioner no.2 had already settled her claims with the petitioner no.1 in regards to her past, present and future alimony and shall not file any claim for maintenance in future against the petitioner no.1.
9. That the petitioners have mutually agreed to take divorce from each other and as now they can not live together and living separately since 13.02.2009, and their marriage should be dissolved by the Decree of Divorce with Mutual Consent U/S 13-B(1) of Hindu Marriage Act, 1955.
10. That the mutual consent has not been obtained by force, fraud or undue influence.
11. That the petition has not been presented in collusion with each other.
12. That there is no any necessary or improper delay in filling the present petition.
13. That there is no ground / no other legal ground why relief claim should not be granted to the petitioners.
14. That the marriage of the petitioners was solemnized at Delhi and consummated and cohabited at Delhi and are still living in Delhi, hence this Hon’ble Court has got territorial jurisdiction to entertain, try and decide the present petition of the petitioners.
15. That the requisite court fee has been paid and affixed on the petition.

PRAYER:

It is therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to pass a Decree of Divorce with Mutual Consent to the petitioners u/s 13-B-(1) of Hindu Marriage Act, 1955 with upto date amendments thereby dissolving the marriage of the petitioners, in the interest of justice.

Petitioner no.1      Petitioner no.2

Through

ADVOCATE

DELHI

DATED:

VERIFICATION:

We the petitioners verified that the contents of para no.1 to 10 are true and correct to our personal knowledge and belief and para no. 11 to 15 are true and correct as per information received and legal advise received and believed to be true and correct. The last para is prayer to this Hon’ble Court. We verified this petition on this   ____ Day of        , 2021 at Delhi.

PETITIONER NO.1      PETITIONER NO.2

IN THE COURT OF  PRINCIPAL JUDGE: FAMILY COURT:: ROHINI COURT: DELHI

HMA PETITION ________ OF 2021

IN THE MATTER OF:-

SHIV PRAKASH                                                                                                                  …PETITIONER NO.1

versus

SMT. SUNITA DEVI                                                                                                               …PETITIONER NO.2

AFFIDAVIT

I, SHIV PRAKASH S/O SH. OM PRAKASH  R/O ______________________-, do hereby solemnly affirm and declare as under:

1. The deponent is the petitioner no.1 in the accompanying petition and well conversant with facts of the same case.
2. The marriage between the parties was solemnized on 17.04.2004 in accordance of Hindu Rites and Ceremonies at Delhi.
3. That the accompanying petition has been drafted by my counsel as per my instructions and same has been read over and explained to me in vernacular language, I have understand the same.
4. That the contents of the accompanying petition may kindly be read as part and parcel of this affidavit, the same are not repeated herein for the sake of brevity.
5. That the marriage between the parties has been irretrievably broken down and there is no hope for any patch between the parties and the parties are living separately since 13.02.2009.

DEPONENT

VERIFICATION: –

Verified at Delhi on this    day of         , 2021 that the contents of my affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF ADDITIONAL PRINCIPAL JUDGE: FAMILY COURT:: ROHINI COURT: DELHI

HMA PETITION ________ OF 2021

IN THE MATTER OF:-

SHIV PRAKASH                                                                                                                            …PETITIONER NO.1

versus

SMT. SUNITA DEVI                                                                                                                      …PETITIONER NO.2

AFFIDAVIT

  I, SMT. SUNITA DEVI W/O SH. SHIV PRAKASH D/O SH. SHYAM SINGH R/O V.P.O. PALLA, DELHI, do hereby solemnly affirm and declare as under:

1. The deponent is the petitioner no.2 in the accompanying petition and well conversant with facts of the same case.
2. The marriage between the parties was solemnized on 17.04.2004 in accordance of Hindu Rites and Ceremonies at Delhi.
3. That the accompanying petition has been drafted by my counsel as per my instructions and same has been read over and explained to me in vernacular language, I have understand the same.
4. That the contents of the accompanying petition may kindly be read as part and parcel of this affidavit, the same are not repeated herein for the sake of brevity.
5. That the marriage between the parties has been irretrievably broken down and there is no hope for any patch between the parties and the parties are living separately since 13.02.2009.

DEPONENT

VERIFICATION: –

Verified at Delhi on this    day of         , 2021 that the contents of my affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT