| Originally posted by : Rahul |
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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.
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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.)
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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
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