Mutual divorce petition draft

Hello Sir,

The below draft is created my wife side lawyer. whether this petition is  possiable in family court. Please review and comment it.

IN THE COURT OF HON’BLE FAMILY JUDGE; CHENNAI

H.M.O.P. No                     of 2019

1. Mr. S. SENTHIL,

     … 1st Petitioner.

2. Mrs. B. SUBBHA,

                                                                          … 2nd Petitioner.

PETITION FOR DISOLUTION OF MARRIAGE FILED UNDER SEC. 13 (B) OF THE HINDU MARRIAGE ACT 1955.

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The petitioners above named most humbly submit as follows:-

1.       The 1st petitioner is. Mr. S. SENTHIL, S/o xx.Hindu, aged about 35    years,  Residing at xxx.  The 2nd petitioner is. Mrs. B. SUBBHA, D/o XX Hindu, aged about 32 years, residing at  XX,  The address for services on the petitioners is the same as stated above.

2.       The petitioners state that their marriage was solemnized on 08.06.2011 and performed as per Hindu Customs and rites at Rajbala Thirumana Mahal, 161-D, Kamarajar Salai,  Madurai-625 009,  in the presence of elderly peoples of both family.

3.       The petitioners state the soon after the wedlock both petitioners lived together as husband and wife at Madiwala Bangalore, since the both petitioners were worked as Software engineers at reputed software companies till end of March 2012.  Subsequent to that when the 2nd petitioner  conceived, some misunderstandings arose between the spouses, and the both were separated due to some misunderstanding, both spouses could not lead their marital life peacefully which resulted separation of spouses as early on 1st week of April 2012, subsequent to that the 2nd petitioner shifted her residence  at  Palakad Kerala  wherein her  father was employed, wherein the petitioner delivered a

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female child on 19.12.2012 and Named as AKSHARAA, who is till now under the care and custody of the 2nd petitioner.

4.       The petitioners state that the 2nd petitioner  who got employment at  TCS, Chennai  have shifted her residence at Tambaram and lived  with her parents for couple of days and subsequently shifted at present address at stated above and wherein she permanently residing. The petitioners state that consequently the relationship of the husband and wife vanished. And thus the marriage has been broken down on account of the above said reasons.

5.       The petitioners state that despite counselling between them, they remain separated from the 1st April 2012 and there is no chance of re-union.

6.       The petitioners state that they agreed to settle the their matrimonial dispute amicably to that effect the mutual settlement was arose on following terms and conditions;-

1. Both the 1st petitioner and 2nd petitioner herein mutually agree in the event of arriving mutual understanding and hereby agree to present the mutual divorce petition

1. The 1st petitioner hereby agrees that the custody of the minor female child named AKSHARAA will be only with the custody of the  2nd petitioner and agrees that he will not  claim any custody or rights whatsoever  in future in respect of the minor female child by name AKSHARAA.

1. The 2nd petitioner has taken back her Shreedhana articles and both petitioners have exchanged all articles including gold, silver and other household items received from each other at any stage. Nothing was left in each of their possession of the other side’s articles whatsoever.

1. The 2nd petitioner agreed to give up her past and future maintenance for herself and her minor female child Baby AKSHARAA.

1. The petitioners hereby agree that there will not be any case and counter claim between them in future either in criminal or in civil courts or in respect of any things or any rights over each other henceforth.

1. The petitioners state that they have decently settled between themselves and there is no collusion between them in filing this petition.

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7.       The petitioner states that the cause of action for the petition arose before this Hon’ble court when the marriage between the spouse were performed on 08.06.2011 and performed as per Hindu Customs and rites at Rajbala Thirumana Mahal, 161-D, Kamarajar Salai,  Madurai-  625 009. and again when both the spouses last lived together at Madiwala Bangalore for one year and again  they  have  separated  at Bangalore  on end of March 2012  and again when the female child was born on 19.12.2012 at Palakad and again  when the 2nd petitioner got separated and again when the spouses were separated from each other from April 2012 and again since there is no chance of reunion between the spouses and again on advise of mediators they have entered with oral Memorandum of understanding and again when the 2nd petitioner is presently at Ground floor, Manoranjitham Flats, Door No 9-A Mariamman Koil Cross Street,    Nesapakkam, K.K. Nagar, Chennai 600 078 from October 2017 till now  for which rental agreement was entered between the 2nd petitioner and  the landlord of the said residential premises which is within the territorial jurisdiction of this Hon’ble court      and again when both petitioners  were mutually  agreed to present this mutual divorce petition before this Hon’ble Court and subsequently thereon.

8.       The petitioners state that there is no collusion between the parties in filling this petition and neither party has been coerced in filling this petition and there is no fraud or undue influence is committed in getting consent for filling this petition.

9.       There is no similar petition is filed before this Hon’ble Court or any other competent court for this relief sought for in this petition except the present petition.

10.     The petitioners have paid court fee of Rs.     /- as per schedule II Act I of the Tamil Nadu Court Fee and suit valuation Act 1955.         

          The petitioners therefore prayed that this Hon’ble Court may be pleased to pass decree of divorce by Mutual consent by dissolving the marriage of the petitioners which was solemnized on 08.06.2011 and performed as per Hindu Customs and rites at Rajbala Thirumana Mahal, 161-D, Kamarajar Salai, Madurai - 625 009 and pass such

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further order or orders as this Hon’ble Court may deem fit and proper in the interest of Justice.

Dated at Chennai on this      day of October  2019.

1st petitioner

  2nd Petitioner

VERIFICATION

          We,1) S Senthil, 2) B Subhha, the petitioners herein do hereby verify that what has been stated above paragraphs 1 to 10 are true and correct to the best of our knowledge and belief.

Verified at Chennai on this day of     day of October  2019.

                                                                                                    1st petitioner.

                                                                                                    2nd petitioner.

LIST OF DOCUMENTS   FILED UNDER ORDER VII RULE 14 (1) CPC

Dated at Chennai on this      day of October 2019.

 1st petitioner