Mutual consent petition format

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IN THE COURT OF PRINCIPAL JUDGE,           FAMILY COURT ---------- COURT,DELHI

 

H.M.A. NO._____ OF 2014

 

IN THE MATTER OF :-

 

Ms. ------               ….Petitioner No.1/

Wife  

AND

 

Sri ---------           ….Petitioner No.2 /

 

P.S. _ Narela

 

”LEGAL AID CASES AIDED BY DELHI LEGAL SERVICES AUTHORITY”

INDEX

 

Sl.No.	Particulars	Pages	C.Fee
1.	Memo of parties.
2.	Petition U/s. 13-B(1) of the Hindu Marriage Act along with supporting affidavits.		15/-
3.	List of document with documents.
4.	Vakalatnama		2/- + 5/-
5.	One spare set of petition

 

 

PLACE.Delhi        COUNSEL FOR  PETITIONERS

DATED :  .05.2014

 

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

 

H.M.A. NO._____ OF 2014

 

IN THE MATTER OF :-

 

Ms. ---------                ….Petitioner No.1/

Wife  

AND

 

Sri -------             ….Petitioner No.2 /

                                    Husband

MEMO OF PARTIES

 

Ms. ---

W/o -------

D/O- Shri  

R/o House No. , Gali No.-6

Rajeev Colony,Narela,

 Delhi                …Petitioner No.1/

Wife

 

AND

 

-------a  

S/o -------,

R/o , MCF ,Bhudutt Colony

Ballabgarh, Faridabad,

                        ….Petitioner No.2 /

Husband

 

 

   Petitioner No.1/Wife

 

 

Petitioner No.2/Husband

 

 

                   Through

Place : Delhi

Dated :    .05.2014

Counsel

 

 

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

 

H.M.A. NO._____ OF 2014

 

IN THE MATTER OF :-

 

Ms.                  ….Petitioner No.1/

Wife  

AND

 

Sri -------         ….Petitioner No.2 /

                                    Husband

 

 

”LEGAL AID CASES AIDED BY DELHI LEGAL SERVICES AUTHORITY”

 

MEMO OF PARTIES

 

M

D/O- -------

R/o House No., Gali No.-6

Rajeev Colony,Narela,

 Delhi                …Petitioner No.1/

Wife

 

AND

 

,

R/o , MCF - Gali No. 5-A

Bhudutt Colony

Ballabgarh, Faridabad,

                        ….Petitioner No.2 /

Husband

 

P.S. Narela

 

 

 

 

 

JOINT PETITION ON BEHALF OF PARTIES UNDER SECTION 13-B(1) OF THE HINDU MARRIAGE ACT FOR DISSOLUTION OF MARRIAGE, BY A DECREE OF DIVORCE, BY MUTUAL CONSENT.

 

 

MOST RESPECTFULLY SHOWETH :-

 

1.  That the parties to the petition are Hindus and a marriage between them was solemnized on 07.12.2012 according to Hindu Rites and ceremonies at Lala Baldevsahay Dharamshala,Mamurpur,Narela ,Delhi . Affidavits of both the petitioners in support of this are hereby attached.

 

2.  That the age, status and place of residence of the petitioner No.1 / Wife  and petitioner No.2 / Husband, before marriage and at the time of filing the petition were/are as under:-

 

 

 

 

 

PETITIONER NO.1/WIFE

	Status	Age	Place of Residence
Before marriage	Hindu Virgin	21 Years	House No. , Gali No.-6 Rajeev Colony,Narela,  Delhi
At the time of filing the present petition.	Hindu Married.	23 years	---DO---

 

PETITIONER NO.2/HUSBAND

	Status	Age	Place of Residence
Before marriage	Hindu Bachelor	30 Years	, MCF , Gali No. 5-A Bhudutt Colony Ballabgarh, Faridabad,
At the time of filing the present petition.	Hindu Married.	32 years	----DO----

 

3.  That after the solemnization of marriage between the parties, the parties had co-habited with each other and lived together up to mid 2013 and out of the said wedlock no child has been born out.

 

4.  That the petitioners are living separately since the year 2013 and now there is no possibility or probability of their living together in as much as the petitioner No.1/wife and the petitioner No.2 / husband could not adjust with each other due to temperamental differences and both the parties have mutually agreed to dissolve their marriage by mutual consent.

 

5.  That the parties could not adjust with each other and could not re-concile, during this period of separation and have not resumed co-habitation since the year 2013. Now, there is no probability or possibility of their living together as husband and wife and the parties hereto have thus mutually agreed that their marriage be dissolved by a decree of divorce by mutual consent.

 

6.  That both the parties to the petition have settled their disputes regarding dowry articles and permanent alimony and in this regard a compromise deed was also prepared between the parties.

 

 

7. That as per compromise deed The petitioner No.2 / husband shall pay Rs. 4,00,000/-(Rupees Four Lac only) to the petitioner No.1/wife as her full and final satisfaction qua all her claims (past, present and future) arising out of the marriage with him which shall include permanent alimony, Istridhan, dowry articles, maintenance and all other miscellaneous expenses. Out of total sums of Rs. Four lakh the Petitioner No.2/husband  shall pay 2,00,000(Two lakh only)at the time of recording statement of First motion of divorce petition filed jointly by both the parties, and Rs.2,00,000(Two lakh only) at the time of recording statement of Second motion of the  divorce proceeding.

8.  That as per compromise deed both the parties shall not interfere in the life of each other and there shall remain no case, claim, dispute between the parties and that none of the parties shall file any civil or criminal proceedings against each other in future and if any other case /complaint between the parties is pending in any court or Authority either against the parties or against their respective family members the same shall be withdrawn/got disposed of by the respective party.

 

9.  That both the parties to the petition have not in any manner condoned the acts complained off, of each other and both the parties have mutually agreed for dissolution of their marriage.

 

10. That the present petition is not being filed in collusion with each other.

 

11. That the there is no other petition pending in court of law against each other with regard to marriage besides the present petition.

 

12. That both the parties have agreed to dissolve their marriage by mutual consent and the consent of the parties have not been obtained by fraud, under pressure, duress  or undue influence or any threat whatsoever and the parties to the petition have voluntarily agreed to dissolve their marriage by mutual consent.

 

13. That there is no reason or ground whatsoever which may legally ban or bar the relief prayed for, by the parties.

 

14. That the petitioner No.1 is residing within the jurisdiction of this Hon’ble Court, therefore, this Hon’ble Court has got the jurisdiction to try and entertain the present petition.

 

15. That the requisite court fee has been affixed.

 

PRAYER :-

    It is, therefore, most respectfully prayed that the marriage between the parties may kindly be dissolved by a decree of divorce, by mutual consent as provided under section 13-B(1) of the Hindu Marriage Act.

   Petitioner No.1/Wife

 

 

 

Petitioner No.2/Husband

 

 

 

                Through

 

 

 

                                 Counsel

PLACE

Dated :    .05.2014

 

 

 

VERIFICATION :-

 

    We, the above named petitioner, state on solemn affirmation that paras No.1 to 12 are true and correct to our knowledge and belief while paras No.13 to 15 are true to our in formations received upon us and are legal.  Last para is prayer to this Hon’ble Court.

    Verified at Delhi on this __ day of May, 2014.

 

Petitioner No.1/Wife

 

Petitioner No.2/Husband

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

 

H.M.A. NO._____ OF 2014

 

IN THE MATTER OF :-

 

Ms. Bharti              ….Petitioner No.1/

Wife  

AND

 

Sri Jitendra            ….Petitioner No.2 /

Husband

 

AFFIDAVIT

    Affidavit of Ms. Bharti W/O Jitendra D/O- Krishan Pal Sharma  R/o House No. 187, Gali No. 6, Rajeev Colony,Narela ,Delhi,

    I, the above named deponent do hereby solemnly affirm and declare as under:-

1.  That the deponent is the petitioner No.1 / Wife  in the above noted case and is well conversant with the facts and circumstances of the case and is competent to swear this affidavit.

2.  That the parties to the petition are Hindus and a marriage between them was solemnized on 07.12.2012 according to Hindu Rites and ceremonies at Lala Baldevsahay Dharamshala,Mamurpur,Narela ,Delhi

3.  That after the solemnization of marriage between the parties, the parties had co-habited with each other and lived together upto mid year 2013 and out of the said wedlock no child has been born out.

4. That the contents of the accompanying petition under section 13-B(1) of the Hindu Marriage Act be read as part and parcel of this affidavit as the same are not being repeated herein for the sake of brevity.

DEPONENT

VERIFICATION :-

    Verified at _____ on this ____ day of May, 2014 that the contents of the above affidavit are true and correct to the best of my knowledge, no part of it is false and nothing material has been concealed therefrom.

DEPONENT

 

 

 

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

 

H.M.A. NO._____ OF 2014

 

IN THE MATTER OF :-

 

Ms. Bharti              ….Petitioner No.1/

Wife  

AND

 

Sri Jitendra            ….Petitioner No.2 /

Husband

 

AFFIDAVIT

    Affidavit of Mr. Jitender S/O- Shyam Sunder R/o Ward No.43,Jutta Market, Dahi Mandi, DaulatGanj, Gwaliar,(M.P).

    I, the above named deponent do hereby solemnly affirm and declare as under:-

1.  That the deponent is the petitioner No.2 / wife in the above noted case and is well conversant with the facts and circumstances of the case and is competent to swear this affidavit.

 

2.  That the parties to the petition are Hindus and a marriage between them was solemnized on 17.03.2009 according to Hindu Rites and ceremonies at Lala Baldevsahay Dharamshala,Mamurpur,Narela ,Delhi

3.  That after the solemnization of marriage between the parties, the parties had co-habited with each other and lived together since year 2009 and out of the said wedlock no child has been born out.

4. That the contents of the accompanying petition under section 13-B(1) of the Hindu Marriage Act be read as part and parcel of this affidavit as the same are not being repeated herein for the sake of brevity.

DEPONENT

VERIFICATION :-

    Verified at _____ on this ____ day of May, 2014 that the contents of the above affidavit are true and correct to the best of my knowledge, no part of it is false and nothing material has been concealed therefrom.

 

DEPONENT 

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