Transfer petition and divorce filed by both in 2 cities.

Rahul 27 February 2018

She is earning more so she has the child coustody, even though she hates and mistreates our daughter.

She hates our daughter, but still THE ONLY REASON, she doesnt want me to have the custody, is only because, she knows how much I love my daughter, and my wife cant see me happy.

I feel very very sad ....extreamly sad for my poor daughter, who has a RICH mother, but NO LOVE from her !!! ; (

I know that when she grows up, she will not stay with her mother, and would definately come to me, but I am NOT sure if I will be alive till then, due to my poor health !!!

Adv Radhika Mehta (Advocate) 27 February 2018

Originally posted by : Rahul

Transfer Petition and Divorce filed by both in 2 different cities.

Dear Respected Sir/Madam/Advocates:-

My self Rahul (Husband):-

* Hindu Marriage – 2007

* From Panjim, Goa

* Have a daughter 6 years old.

* Engineer, but lost my job due to severe accident. ****Now Partially Handicap ****

* Rod in both legs & pace maker attached to my heart.

* Take tuitions & earn somewhat Rs. 7000/month. (Occasionally when in pain = no tuitions = so no pay)

* Filed for divorce in 2014, as wife ran away with my daughter to her pre-marital lover/Boy-friend. (Twice this happened, so this time I refused to accept her back, when her BF dumped her, as he was unwilling to accept someone elses child)

Wife’s credential:-

* From Nasik, (parents forced her marriage, as she had a BF from a different religion)

* In IT, earns Rs. 1.35 lacks/month. + Rs. 57,000 RENT/month.

* Have two luxury bungalows in Nasik & Pune, and earns hefty rents.

* Asking Rs. 75,000/month ,for child & herself as maintenance.

* Her maintenance DENIED, child is awarded interim of Rs. 9000/month based on my old job BEFORE ACCIDENT, (even though I earn Rs. 7000/month now). She lied that I am a builder and earn Rs. 2 lacks/month, and has NO PROOF till now.

QUESTIONS:-

Can I file Income Tax, showing Rs. 7000 salary, and present that in front of the court to reduce the interim maintenance? What other proof will I need? (As tuition fees is paid in cash) Or should I go to HC for reduction in interim maintenance?

Why werent the Documents filed by you at the time of hearing of the Interim Application? In HC you cannot directly furnish fresh evidence. It is advisable for you to file a review against the order putting on record all the documents with sufficient cause as to why you couldnt furnish them earlier.
----------------------------------------------------------------------------------------------
I have file divorce in Goa in 2014, which she filed the TRANSFER PETITION in Bombay High Court in 2014, which is still pending, as husband is handicap, but still she recent filed for divorce in Nasik also without waiting for the outcome of the HC, and through mediation, now she is asking for Rs. 65 lacks one time settlement amount. QUESTION: Even if I don’t pay Rs. 65 lacks one time amount, the divorce will still happen ….right? …. As both have file for divorce, in Nasik and Goa? Then why pay Rs. 65 Lacks, when she has a HIGH PAYING JOB & a property worth 4.7 Carores?

Not necessarily that the Divorce will happen just because the both of you have filed for Divorce. The both of you will have to satisfy the Court on the merits of the case. However, if you cannot pay, do not pay. Also, i am unable to understand why your Transfer Petition has not moved forward? You should file a Cross Petition seeking transfer of the Petition filed by her.
----------------------------------------------------------------------------------------------
If I don’t agree for MCD, is there a possibility that court can award her 65 Lacks one time amount, when I dont agree, and plus don’t have the capacity to pay?

No. The Courts rarely award lumpsum and take into consideration all factors at the time of deciding maintenance and alimony.

Need HELP and thanks in advance. God bless you all. Rahul.

Adv Radhika Mehta (Advocate) 27 February 2018

Originally posted by : Rahul
	She is earning more so she has the child coustody, even though she hates and mistreates our daughter. She hates our daughter, but still THE ONLY REASON, she doesnt want me to have the custody, is only because, she knows how much I love my daughter, and my wife cant see me happy. I feel very very sad ....extreamly sad for my poor daughter, who has a RICH mother, but NO LOVE from her !!! ; ( I know that when she grows up, she will not stay with her mother, and would definately come to me, but I am NOT sure if I will be alive till then, due to my poor health !!!

You can seek custody of your daughter if you genuinely feel that your wife is not taking proper care of her.

Rahul 27 February 2018

Dear Adv. Mehta,

Thank you so much for a detailed response. I really appreciate it.

ADDITIONAL INFORMATION: Wife is willing for MCD, but only if I pay her Rs. 65 Lacks, one time amount, which I dont have the capacity to pay.

QUESTION: Can I just tell my Lawyer in Nasik, not to just attend the court proceedings, and get an Ex-Parte Divorce eventually? What harm it can cause me in future?

Thanks again.

Rahul 27 February 2018

Also, the post was getting too big, so I did not include that:-

Apart from Transfer petition, (Goa to Nasik) Wife file other cases in Nasik, like: 125, Property injunction case, claiming husbands ancesteral property on behalf of our daughter .....
Because of my health condition, I am not fighting hard for childs custody, so I have almost given up. So let it be .....
Our Trabsfer petition is stuck in the court as the judge is having a hard time in deciding if he should listen to the handicap husband or follow guidelines set for Womens empowerment and be lenient to my wife. ***********(No offence against women, as I still love my mother and my daughter very very much)

QUESTION: Through my tutions/classes, I can barely make 2 ends meet, so I should show it as "Partially Employed" or full employment. As till now, I was unemployed in my recovery period?

Also, I get paid in cash, so how to prove that? And should I file for Income Tax, to prove my salary? What else proof I need to provide in te court to make the maintenance amount MORE REASONABLE?

Thanks again for your help. GOD BLESS YOU !!!

Rahul 27 February 2018

Dear Adv Kamakshi Madam,

I do appreciate your prompt response. Thank you for your kind words.

IMPORTANT: I have stopped persuing my daughters custody, just on the basis of what you suggested. I agree.

NOTE: Now at this point, we both need divorce, as she has also filed for divorce in Nasik, but for MCD, she is asking for Rs. 65 Lacks, one time alimony, which I dont have !!!

Thanks again.

Kumar Doab (FIN) 27 February 2018

You are at liberty to accept tution fee in cash.

You can issue reciept and ask student and/or parent to sign...

Maintain register.

File returns...

.

Kumar Doab (FIN) 27 February 2018

You are at liberty to accept tution fee in cash.

You can issue reciept and ask student and/or parent to sign...

Maintain register.

File returns...

.

Kumar Doab (FIN) 27 February 2018

Did you post similar query on someone else's behalf..

(Guest)

Originally posted by : Rahul
	Dear Adv Kamakshi Madam, I do appreciate your prompt response. Thank you for your kind words. IMPORTANT: I have stopped persuing my daughters custody, just on the basis of what you suggested. I agree. NOTE: Now at this point, we both need divorce, as she has also filed for divorce in Nasik, but for MCD, she is asking for Rs. 65 Lacks, one time alimony, which I dont have !!! Thanks again.

Scoundrel. You are either the brother/sister/dad/mom or some love lorn ashiq of the wife or the husband/dad/mom/sister/brother or love lorn aashiq of the husband or the wife itself posting each time similar sounding query as rightly guessed by Mr Ramesh Singh.

Even I have read and replied to your sh*tty query a year ago or so.

13B petition cannot be filed by one party. It needs to be filed by both parties. Wife as you state has filed MCD petition in Nashik. This itself is a lie you basterd. If you had filed divorce petitoin iin Goa why did you again go and file Mutual Consent Divorce petition under section 13B of Hindu Marriage Act 1955 in Nashik?

If this verson is true. And that version where you say wife went to high court for transfer petition and before High Court could pass order she filed MCD petition in Nashik?

Kisko chutiya banarahe he madar chodh. If you are the husband and God has already punished you enough, and if this is not enough you are into more games, more lies. Madar chodh.

Petition for Divorce (under section 13B Hindu Marriage Act 1955.)

Petition for dissolution of marriage by a decree of divorce by mutual consent may be presented to the family court of the distt. by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (amendment) Act,1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

Essential ingredient of the petition:

To get a decree of divorce by mutual consent, the following conditions must be satisfied.
(i) marriage having been solemnised between the parties;
(ii) the parties have been living separately for more than a year before presenting the petition;
(iii) they were not able to live together at the time of presenting the petition and continue to live apart;
(iv) they had mutually agreed to dissolve the marriage before or at the time the petition was presented;
(v) the averments made in the petition are true and condition under section 23 are fulfilled;
(vi) the consent of other party was not being obtained by force, fraud or undue influence;
(vii) there is no collusion between the parties;
(viii) both the party to the petition are Hindu; and
(viiii) there is no petition pending in any court of india regarding this marriage,if pending give detail.

Performa of the petition:

Title of the petition--
In the court of    ( name of the court ) ( name of the distt,city or where court is situated) for example--
In the family court, Dehradun

H.M.Petition No.......... of 2011.

Name and addresses of the parties to the petition,
for example--
Shri................................S/o.........................................R/o.....................................

                                                                                             Petitioner No.1.
                                     And

Smt ..................................W/o or D/o ..................................R/o .............................

                                                                                              Petitioner No. 2.

                                                            Joint petition under section 13-B, of the Hindu Marriage Act, 1955.

                                                             for the dissolution of marriage by decree of divorce by mutual consent.


Sir,
    Petitioners above named state as follows:

1. Petitioners were married on.11th may 1997 according to Hindu rites and customs at the residence of smt..........................( petitioner No 2.) at Rajpur Road Dehradun.
2. That both the parties to the marriage belongs to Hindu religion and both were unmarried (or divorcee or other category/status). before this marriage.
3. Petitioners thereafter lived and cohabited as husband and wife at the residence of petitioner No.1 at Haridwar for over one year.
4. That there is one female child born from this wed-lock.
5. Due to certain reasons which petitioner need not set out strains developed in the mutual
relations between the petitioners.Both the petitioners could not understand each other and were not able to lead a happy married life inspite of the best efforts of both.
6. Ultimately petitioner No.2 left the house of the petitioner No.1. on 16th Aug 1998.with the intention of never to returned and to end the cohabitation permanently and has not returned since.
7. Petitioner have thus been living separately for a period of two year and have not been able to live together during this periods.
                                                   or
That both the petitioners are living separately for over two year.
8. That the petitioners have agreed that they can not live together as husband and wife and both have agreed to dissolve the said marriage by decree of divorce.
9. Parties have agreed in regards to the custody , maintenance and education of their child as follows.-
(a)
(b)
(c)
(d)
10. That both the parties consented for this petition at their own free will and under no one's pressure.
11. That there is no collusion between the parties
12. That all the articles given at the and about the time of marriage are received back by both the parties from each other.
13. That before this petition, no petition or suit was filed either of the petitioner or any is pending before any competent court in India.
14. That the cause of action for the joint petition arose on 11th may 1997 when the marriage was solemnised and thereafter on 16th Aug 1998 when the parties realised they can never live together as husband and wife and petitioner No.2 left the house with the intention of never to return and both have agreed to dissolve the marriage and they signed the divorce petition both their free will.
15.  That the parties to the marriage married at Dehradun and petitioner No. 2 also residing at Dehradun after separation from the husband within the jurisdiction of this honourable court, hence this honourable court has jurisdiction to listen and decide the case.
16. That the suit has been valued at Rs. 10,000. and the proper court fees has been duly paid.

Relief.-
That the petitioners pray for the following reliefs.-
(a). that a decree of divorce be granted declaring their marriage to be dissolved with effect from the date of the decree.

                                                               Sig. of Petitioner No. 1. Petitioner No. 2.

Verification--

   We the above named petitioners verify that the contents of para 1. to 13. are true to my personal knowledge and paras those of No.14. 15. and 16 are based on legal advice, which I believe to be true. verified at Dehradun on this the.....day of june 20..

Place......
Date.........

sig. of petitioner No.1. petitioner No.2

(Guest)

Originally posted by : Rahul
	Dear Adv Kamakshi Madam, I do appreciate your prompt response. Thank you for your kind words. IMPORTANT: I have stopped persuing my daughters custody, just on the basis of what you suggested. I agree. NOTE: Now at this point, we both need divorce, as she has also filed for divorce in Nasik, but for MCD, she is asking for Rs. 65 Lacks, one time alimony, which I dont have !!! Thanks again.

Scoundrel. You are either the brother/sister/dad/mom or some love lorn ashiq of the wife or the husband/dad/mom/sister/brother or love lorn aashiq of the husband or the wife itself posting each time similar sounding query as rightly guessed by Mr Ramesh Singh.

Even I have read and replied to your sh*tty query a year ago or so.

13B petition cannot be filed by one party. It needs to be filed by both parties. Wife as you state has filed MCD petition in Nashik. This itself is a lie you basterd. If you had filed divorce petitoin iin Goa why did you again go and file Mutual Consent Divorce petition under section 13B of Hindu Marriage Act 1955 in Nashik?

If this verson is true. And that version where you say wife went to high court for transfer petition and before High Court could pass order she filed MCD petition in Nashik?

Kisko chutiya banarahe he madar chodh. If you are the husband and God has already punished you enough, and if this is not enough you are into more games, more lies. Madar chodh.

Petition for Divorce (under section 13B Hindu Marriage Act 1955.)

Petition for dissolution of marriage by a decree of divorce by mutual consent may be presented to the family court of the distt. by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (amendment) Act,1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

Essential ingredient of the petition:

To get a decree of divorce by mutual consent, the following conditions must be satisfied.
(i) marriage having been solemnised between the parties;
(ii) the parties have been living separately for more than a year before presenting the petition;
(iii) they were not able to live together at the time of presenting the petition and continue to live apart;
(iv) they had mutually agreed to dissolve the marriage before or at the time the petition was presented;
(v) the averments made in the petition are true and condition under section 23 are fulfilled;
(vi) the consent of other party was not being obtained by force, fraud or undue influence;
(vii) there is no collusion between the parties;
(viii) both the party to the petition are Hindu; and
(viiii) there is no petition pending in any court of india regarding this marriage,if pending give detail.

Performa of the petition:

Title of the petition--
In the court of    ( name of the court ) ( name of the distt,city or where court is situated) for example--
In the family court, Dehradun

H.M.Petition No.......... of 2011.

Name and addresses of the parties to the petition,
for example--
Shri................................S/o.........................................R/o.....................................

                                                                                             Petitioner No.1.
                                     And

Smt ..................................W/o or D/o ..................................R/o .............................

                                                                                              Petitioner No. 2.

                                                            Joint petition under section 13-B, of the Hindu Marriage Act, 1955.

                                                             for the dissolution of marriage by decree of divorce by mutual consent.


Sir,
    Petitioners above named state as follows:

1. Petitioners were married on.11th may 1997 according to Hindu rites and customs at the residence of smt..........................( petitioner No 2.) at Rajpur Road Dehradun.
2. That both the parties to the marriage belongs to Hindu religion and both were unmarried (or divorcee or other category/status). before this marriage.
3. Petitioners thereafter lived and cohabited as husband and wife at the residence of petitioner No.1 at Haridwar for over one year.
4. That there is one female child born from this wed-lock.
5. Due to certain reasons which petitioner need not set out strains developed in the mutual
relations between the petitioners.Both the petitioners could not understand each other and were not able to lead a happy married life inspite of the best efforts of both.
6. Ultimately petitioner No.2 left the house of the petitioner No.1. on 16th Aug 1998.with the intention of never to returned and to end the cohabitation permanently and has not returned since.
7. Petitioner have thus been living separately for a period of two year and have not been able to live together during this periods.
                                                   or
That both the petitioners are living separately for over two year.
8. That the petitioners have agreed that they can not live together as husband and wife and both have agreed to dissolve the said marriage by decree of divorce.
9. Parties have agreed in regards to the custody , maintenance and education of their child as follows.-
(a)
(b)
(c)
(d)
10. That both the parties consented for this petition at their own free will and under no one's pressure.
11. That there is no collusion between the parties
12. That all the articles given at the and about the time of marriage are received back by both the parties from each other.
13. That before this petition, no petition or suit was filed either of the petitioner or any is pending before any competent court in India.
14. That the cause of action for the joint petition arose on 11th may 1997 when the marriage was solemnised and thereafter on 16th Aug 1998 when the parties realised they can never live together as husband and wife and petitioner No.2 left the house with the intention of never to return and both have agreed to dissolve the marriage and they signed the divorce petition both their free will.
15.  That the parties to the marriage married at Dehradun and petitioner No. 2 also residing at Dehradun after separation from the husband within the jurisdiction of this honourable court, hence this honourable court has jurisdiction to listen and decide the case.
16. That the suit has been valued at Rs. 10,000. and the proper court fees has been duly paid.

Relief.-
That the petitioners pray for the following reliefs.-
(a). that a decree of divorce be granted declaring their marriage to be dissolved with effect from the date of the decree.

                                                               Sig. of Petitioner No. 1. Petitioner No. 2.

Verification--

   We the above named petitioners verify that the contents of para 1. to 13. are true to my personal knowledge and paras those of No.14. 15. and 16 are based on legal advice, which I believe to be true. verified at Dehradun on this the.....day of june 20..

Place......
Date.........

sig. of petitioner No.1. petitioner No.2

(Guest)

Originally posted by : Rahul
	Dear Adv Kamakshi Madam, I do appreciate your prompt response. Thank you for your kind words. IMPORTANT: I have stopped persuing my daughters custody, just on the basis of what you suggested. I agree. NOTE: Now at this point, we both need divorce, as she has also filed for divorce in Nasik, but for MCD, she is asking for Rs. 65 Lacks, one time alimony, which I dont have !!! Thanks again.

Scoundrel. You are either the brother/sister/dad/mom or some love lorn ashiq of the wife or the husband/dad/mom/sister/brother or love lorn aashiq of the husband or the wife itself posting each time similar sounding query as rightly guessed by Mr Ramesh Singh.

Even I have read and replied to your sh*tty query a year ago or so.

13B petition cannot be filed by one party. It needs to be filed by both parties. Wife as you state has filed MCD petition in Nashik. This itself is a lie you basterd. If you had filed divorce petitoin iin Goa why did you again go and file Mutual Consent Divorce petition under section 13B of Hindu Marriage Act 1955 in Nashik?

If this verson is true. And that version where you say wife went to high court for transfer petition and before High Court could pass order she filed MCD petition in Nashik?

Kisko chutiya banarahe he madar chodh. If you are the husband and God has already punished you enough, and if this is not enough you are into more games, more lies. Madar chodh.

Petition for Divorce (under section 13B Hindu Marriage Act 1955.)

Petition for dissolution of marriage by a decree of divorce by mutual consent may be presented to the family court of the distt. by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (amendment) Act,1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

Essential ingredient of the petition:

To get a decree of divorce by mutual consent, the following conditions must be satisfied.
(i) marriage having been solemnised between the parties;
(ii) the parties have been living separately for more than a year before presenting the petition;
(iii) they were not able to live together at the time of presenting the petition and continue to live apart;
(iv) they had mutually agreed to dissolve the marriage before or at the time the petition was presented;
(v) the averments made in the petition are true and condition under section 23 are fulfilled;
(vi) the consent of other party was not being obtained by force, fraud or undue influence;
(vii) there is no collusion between the parties;
(viii) both the party to the petition are Hindu; and
(viiii) there is no petition pending in any court of india regarding this marriage,if pending give detail.

Performa of the petition:

Title of the petition--
In the court of    ( name of the court ) ( name of the distt,city or where court is situated) for example--
In the family court, Dehradun

H.M.Petition No.......... of 2011.

Name and addresses of the parties to the petition,
for example--
Shri................................S/o.........................................R/o.....................................

                                                                                             Petitioner No.1.
                                     And

Smt ..................................W/o or D/o ..................................R/o .............................

                                                                                              Petitioner No. 2.

                                                            Joint petition under section 13-B, of the Hindu Marriage Act, 1955.

                                                             for the dissolution of marriage by decree of divorce by mutual consent.


Sir,
    Petitioners above named state as follows:

1. Petitioners were married on.11th may 1997 according to Hindu rites and customs at the residence of smt..........................( petitioner No 2.) at Rajpur Road Dehradun.
2. That both the parties to the marriage belongs to Hindu religion and both were unmarried (or divorcee or other category/status). before this marriage.
3. Petitioners thereafter lived and cohabited as husband and wife at the residence of petitioner No.1 at Haridwar for over one year.
4. That there is one female child born from this wed-lock.
5. Due to certain reasons which petitioner need not set out strains developed in the mutual
relations between the petitioners.Both the petitioners could not understand each other and were not able to lead a happy married life inspite of the best efforts of both.
6. Ultimately petitioner No.2 left the house of the petitioner No.1. on 16th Aug 1998.with the intention of never to returned and to end the cohabitation permanently and has not returned since.
7. Petitioner have thus been living separately for a period of two year and have not been able to live together during this periods.
                                                   or
That both the petitioners are living separately for over two year.
8. That the petitioners have agreed that they can not live together as husband and wife and both have agreed to dissolve the said marriage by decree of divorce.
9. Parties have agreed in regards to the custody , maintenance and education of their child as follows.-
(a)
(b)
(c)
(d)
10. That both the parties consented for this petition at their own free will and under no one's pressure.
11. That there is no collusion between the parties
12. That all the articles given at the and about the time of marriage are received back by both the parties from each other.
13. That before this petition, no petition or suit was filed either of the petitioner or any is pending before any competent court in India.
14. That the cause of action for the joint petition arose on 11th may 1997 when the marriage was solemnised and thereafter on 16th Aug 1998 when the parties realised they can never live together as husband and wife and petitioner No.2 left the house with the intention of never to return and both have agreed to dissolve the marriage and they signed the divorce petition both their free will.
15.  That the parties to the marriage married at Dehradun and petitioner No. 2 also residing at Dehradun after separation from the husband within the jurisdiction of this honourable court, hence this honourable court has jurisdiction to listen and decide the case.
16. That the suit has been valued at Rs. 10,000. and the proper court fees has been duly paid.

Relief.-
That the petitioners pray for the following reliefs.-
(a). that a decree of divorce be granted declaring their marriage to be dissolved with effect from the date of the decree.

                                                               Sig. of Petitioner No. 1. Petitioner No. 2.

Verification--

   We the above named petitioners verify that the contents of para 1. to 13. are true to my personal knowledge and paras those of No.14. 15. and 16 are based on legal advice, which I believe to be true. verified at Dehradun on this the.....day of june 20..

Place......
Date.........

sig. of petitioner No.1. petitioner No.2

(Guest)

Originally posted by : Rahul
	Dear Adv Kamakshi Madam, I do appreciate your prompt response. Thank you for your kind words. IMPORTANT: I have stopped persuing my daughters custody, just on the basis of what you suggested. I agree. NOTE: Now at this point, we both need divorce, as she has also filed for divorce in Nasik, but for MCD, she is asking for Rs. 65 Lacks, one time alimony, which I dont have !!! Thanks again.

Scoundrel. You are either the brother/sister/dad/mom or some love lorn ashiq of the wife or the husband/dad/mom/sister/brother or love lorn aashiq of the husband or the wife itself posting each time similar sounding query as rightly guessed by Mr Ramesh Singh.

Even I have read and replied to your sh*tty query a year ago or so.

13B petition cannot be filed by one party. It needs to be filed by both parties. Wife as you state has filed MCD petition in Nashik. This itself is a lie you basterd. If you had filed divorce petitoin iin Goa why did you again go and file Mutual Consent Divorce petition under section 13B of Hindu Marriage Act 1955 in Nashik?

If this verson is true. And that version where you say wife went to high court for transfer petition and before High Court could pass order she filed MCD petition in Nashik?

Kisko chutiya banarahe he madar chodh. If you are the husband and God has already punished you enough, and if this is not enough you are into more games, more lies. Madar chodh.

Petition for Divorce (under section 13B Hindu Marriage Act 1955.)

Petition for dissolution of marriage by a decree of divorce by mutual consent may be presented to the family court of the distt. by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (amendment) Act,1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

Essential ingredient of the petition:

To get a decree of divorce by mutual consent, the following conditions must be satisfied.
(i) marriage having been solemnised between the parties;
(ii) the parties have been living separately for more than a year before presenting the petition;
(iii) they were not able to live together at the time of presenting the petition and continue to live apart;
(iv) they had mutually agreed to dissolve the marriage before or at the time the petition was presented;
(v) the averments made in the petition are true and condition under section 23 are fulfilled;
(vi) the consent of other party was not being obtained by force, fraud or undue influence;
(vii) there is no collusion between the parties;
(viii) both the party to the petition are Hindu; and
(viiii) there is no petition pending in any court of india regarding this marriage,if pending give detail.

Performa of the petition:

Title of the petition--
In the court of    ( name of the court ) ( name of the distt,city or where court is situated) for example--
In the family court, Dehradun

H.M.Petition No.......... of 2011.

Name and addresses of the parties to the petition,
for example--
Shri................................S/o.........................................R/o.....................................

                                                                                             Petitioner No.1.
                                     And

Smt ..................................W/o or D/o ..................................R/o .............................

                                                                                              Petitioner No. 2.

                                                            Joint petition under section 13-B, of the Hindu Marriage Act, 1955.

                                                             for the dissolution of marriage by decree of divorce by mutual consent.


Sir,
    Petitioners above named state as follows:

1. Petitioners were married on.11th may 1997 according to Hindu rites and customs at the residence of smt..........................( petitioner No 2.) at Rajpur Road Dehradun.
2. That both the parties to the marriage belongs to Hindu religion and both were unmarried (or divorcee or other category/status). before this marriage.
3. Petitioners thereafter lived and cohabited as husband and wife at the residence of petitioner No.1 at Haridwar for over one year.
4. That there is one female child born from this wed-lock.
5. Due to certain reasons which petitioner need not set out strains developed in the mutual
relations between the petitioners.Both the petitioners could not understand each other and were not able to lead a happy married life inspite of the best efforts of both.
6. Ultimately petitioner No.2 left the house of the petitioner No.1. on 16th Aug 1998.with the intention of never to returned and to end the cohabitation permanently and has not returned since.
7. Petitioner have thus been living separately for a period of two year and have not been able to live together during this periods.
                                                   or
That both the petitioners are living separately for over two year.
8. That the petitioners have agreed that they can not live together as husband and wife and both have agreed to dissolve the said marriage by decree of divorce.
9. Parties have agreed in regards to the custody , maintenance and education of their child as follows.-
(a)
(b)
(c)
(d)
10. That both the parties consented for this petition at their own free will and under no one's pressure.
11. That there is no collusion between the parties
12. That all the articles given at the and about the time of marriage are received back by both the parties from each other.
13. That before this petition, no petition or suit was filed either of the petitioner or any is pending before any competent court in India.
14. That the cause of action for the joint petition arose on 11th may 1997 when the marriage was solemnised and thereafter on 16th Aug 1998 when the parties realised they can never live together as husband and wife and petitioner No.2 left the house with the intention of never to return and both have agreed to dissolve the marriage and they signed the divorce petition both their free will.
15.  That the parties to the marriage married at Dehradun and petitioner No. 2 also residing at Dehradun after separation from the husband within the jurisdiction of this honourable court, hence this honourable court has jurisdiction to listen and decide the case.
16. That the suit has been valued at Rs. 10,000. and the proper court fees has been duly paid.

Relief.-
That the petitioners pray for the following reliefs.-
(a). that a decree of divorce be granted declaring their marriage to be dissolved with effect from the date of the decree.

                                                               Sig. of Petitioner No. 1. Petitioner No. 2.

Verification--

   We the above named petitioners verify that the contents of para 1. to 13. are true to my personal knowledge and paras those of No.14. 15. and 16 are based on legal advice, which I believe to be true. verified at Dehradun on this the.....day of june 20..

Place......
Date.........

sig. of petitioner No.1. petitioner No.2

(Guest)

Originally posted by : Rahul
	Dear Adv Kamakshi Madam, I do appreciate your prompt response. Thank you for your kind words. IMPORTANT: I have stopped persuing my daughters custody, just on the basis of what you suggested. I agree. NOTE: Now at this point, we both need divorce, as she has also filed for divorce in Nasik, but for MCD, she is asking for Rs. 65 Lacks, one time alimony, which I dont have !!! Thanks again.

Scoundrel. You are either the brother/sister/dad/mom or some love lorn ashiq of the wife or the husband/dad/mom/sister/brother or love lorn aashiq of the husband or the wife itself posting each time similar sounding query as rightly guessed by Mr Ramesh Singh.

Even I have read and replied to your sh*tty query a year ago or so.

13B petition cannot be filed by one party. It needs to be filed by both parties. Wife as you state has filed MCD petition in Nashik. This itself is a lie you basterd. If you had filed divorce petitoin iin Goa why did you again go and file Mutual Consent Divorce petition under section 13B of Hindu Marriage Act 1955 in Nashik?

If this verson is true. And that version where you say wife went to high court for transfer petition and before High Court could pass order she filed MCD petition in Nashik?

Kisko chutiya banarahe he madar chodh. If you are the husband and God has already punished you enough, and if this is not enough you are into more games, more lies. Madar chodh.

Petition for Divorce (under section 13B Hindu Marriage Act 1955.)

Petition for dissolution of marriage by a decree of divorce by mutual consent may be presented to the family court of the distt. by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (amendment) Act,1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

Essential ingredient of the petition:

To get a decree of divorce by mutual consent, the following conditions must be satisfied.
(i) marriage having been solemnised between the parties;
(ii) the parties have been living separately for more than a year before presenting the petition;
(iii) they were not able to live together at the time of presenting the petition and continue to live apart;
(iv) they had mutually agreed to dissolve the marriage before or at the time the petition was presented;
(v) the averments made in the petition are true and condition under section 23 are fulfilled;
(vi) the consent of other party was not being obtained by force, fraud or undue influence;
(vii) there is no collusion between the parties;
(viii) both the party to the petition are Hindu; and
(viiii) there is no petition pending in any court of india regarding this marriage,if pending give detail.

Performa of the petition:

Title of the petition--
In the court of    ( name of the court ) ( name of the distt,city or where court is situated) for example--
In the family court, Dehradun

H.M.Petition No.......... of 2011.

Name and addresses of the parties to the petition,
for example--
Shri................................S/o.........................................R/o.....................................

                                                                                             Petitioner No.1.
                                     And

Smt ..................................W/o or D/o ..................................R/o .............................

                                                                                              Petitioner No. 2.

                                                            Joint petition under section 13-B, of the Hindu Marriage Act, 1955.

                                                             for the dissolution of marriage by decree of divorce by mutual consent.


Sir,
    Petitioners above named state as follows:

1. Petitioners were married on.11th may 1997 according to Hindu rites and customs at the residence of smt..........................( petitioner No 2.) at Rajpur Road Dehradun.
2. That both the parties to the marriage belongs to Hindu religion and both were unmarried (or divorcee or other category/status). before this marriage.
3. Petitioners thereafter lived and cohabited as husband and wife at the residence of petitioner No.1 at Haridwar for over one year.
4. That there is one female child born from this wed-lock.
5. Due to certain reasons which petitioner need not set out strains developed in the mutual
relations between the petitioners.Both the petitioners could not understand each other and were not able to lead a happy married life inspite of the best efforts of both.
6. Ultimately petitioner No.2 left the house of the petitioner No.1. on 16th Aug 1998.with the intention of never to returned and to end the cohabitation permanently and has not returned since.
7. Petitioner have thus been living separately for a period of two year and have not been able to live together during this periods.
                                                   or
That both the petitioners are living separately for over two year.
8. That the petitioners have agreed that they can not live together as husband and wife and both have agreed to dissolve the said marriage by decree of divorce.
9. Parties have agreed in regards to the custody , maintenance and education of their child as follows.-
(a)
(b)
(c)
(d)
10. That both the parties consented for this petition at their own free will and under no one's pressure.
11. That there is no collusion between the parties
12. That all the articles given at the and about the time of marriage are received back by both the parties from each other.
13. That before this petition, no petition or suit was filed either of the petitioner or any is pending before any competent court in India.
14. That the cause of action for the joint petition arose on 11th may 1997 when the marriage was solemnised and thereafter on 16th Aug 1998 when the parties realised they can never live together as husband and wife and petitioner No.2 left the house with the intention of never to return and both have agreed to dissolve the marriage and they signed the divorce petition both their free will.
15.  That the parties to the marriage married at Dehradun and petitioner No. 2 also residing at Dehradun after separation from the husband within the jurisdiction of this honourable court, hence this honourable court has jurisdiction to listen and decide the case.
16. That the suit has been valued at Rs. 10,000. and the proper court fees has been duly paid.

Relief.-
That the petitioners pray for the following reliefs.-
(a). that a decree of divorce be granted declaring their marriage to be dissolved with effect from the date of the decree.

                                                               Sig. of Petitioner No. 1. Petitioner No. 2.

Verification--

   We the above named petitioners verify that the contents of para 1. to 13. are true to my personal knowledge and paras those of No.14. 15. and 16 are based on legal advice, which I believe to be true. verified at Dehradun on this the.....day of june 20..

Place......
Date.........

sig. of petitioner No.1. petitioner No.2

143 Replies

Petition for Divorce (under section 13B Hindu Marriage Act 1955.)

Essential ingredient of the petition:

Performa of the petition:

Petition for Divorce (under section 13B Hindu Marriage Act 1955.)

Essential ingredient of the petition:

Performa of the petition:

Petition for Divorce (under section 13B Hindu Marriage Act 1955.)

Essential ingredient of the petition:

Performa of the petition:

Petition for Divorce (under section 13B Hindu Marriage Act 1955.)

Essential ingredient of the petition:

Performa of the petition:

Petition for Divorce (under section 13B Hindu Marriage Act 1955.)

Essential ingredient of the petition:

Performa of the petition:

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