consent w.s.
Adv Amit Kulkarni
(Querist) 07 March 2011
This query is : Resolved
please suggest me,
petition u/s 13 for divorce is filed by wife and husbond is ready for divorce, and both have mutually decided to take divorce then how consent written statment from husbond in the petition u/s 13 is filed and what is format?
Dayananda Gowda
(Expert) 07 March 2011
there is no mutual consent of written statement under law. You may convert the petition already filed the petition under section 13 to 13 B i.e., mutual consent petition through seeking amendment
Guest
(Expert) 08 March 2011
AMENDED PETITION
In the Court civil Judge ar Fatehabaad.
Smt. Kamini, aged 22 years W/o Ram Dev Kishanpuria and D/o Sita Ram Goyal, R/o Petitioner no.1
&
Ram Dev Kishanpurial S/o Shubh Karan Aggarwal, R/o Petitioner no.2
Petition under Section 13-B of the Hindu Marriage Act for dissolution of marriage by way of mutual consent.
Sir,
The petitioners submit as under:-
1. That the petitioners were married on 02.04.2001 at Hisar as per Hindu Rites and Customs. An affidavit to this effect (duly attested) is enclosed herewith.
2. That the status and place of residence of the parties before the marriage and at the time of filing of the petition are as under:-
Petitioner-1 Petitioner-2
Status Place of Status Place of
Residence Residence
a) Before marriage Hindu Fatehabad Hindu RajGarh
b) At the time of Hindu Fatehabad Hindu RajGarh
filing petition.
3. That the petitioners cohabited as husband and wife the marriage but no child has been born out of this wedlock.
4. That immediately after the marriage, serious dispute arose between the parties because of their nature and temperament. There are temperamental difference between the petitioners. Their liking are altogether different and they did not like each other. Elders of both of families and other respectable intervened on many occasions, but no fruitful result come out. The dispute has arose to such and extent that the petitioners and their family members settled the dispute forever and the petitioners have been separated from each other. The petitioners have decided to get divorced by mutual consent. It is also in the interest of the parties. They have also exchanged their belongings.
5. That the petitioners are living separate from each other since September 2002 continuously and they have not resumed cohabitation since September 2002.
6. That there has not been not been unnecessary or improper delay in filing the present petition.
7. That there is no other legal ground why the relief should not be granted.
8. That there has not been any previous proceedings between the parties except petition under section 13 which is now been converted into 13-B.
9. That the marriage was solemnized at Hisar and as such this Hon’ble Court has got the jurisdiction to entertain and decide the present petition.
It is, therefore, respectfully prayed that petition may kindly be accepted and their marriage may kindly be dissolved by a decree of divorce by a way of mutual consent.
Petitioners:-
1. Smt. Kamini, aged 22 years
2. Ram Dev Kishanpurial S/o Shubh Karan Aggarwal, R/o
Verification:
Verified that the contents of the contents of Para no.1 to9 of this petition are true and correct to the best of my knowledge, belief and nothing has been concealed therein.
Verified at Hisar
On: 08.03.2011 Through:
Sachdev Bishnoi
Advocates,Fatehabad
indrajit mukhopadhyay
(Expert) 09 March 2011
Initially petition u/s 13 can be converted u/s 13B of H M Act through amendment and conversion petition, supported by affidavit of both the parties,along with a petition u/s 13B of the said act.
indrajit mukhopadhyay
(Expert) 09 March 2011
Initially petition u/s 13 can be converted u/s 13B of H M Act through amendment and conversion petition, supported by affidavit of both the parties,along with a petition u/s 13B of the said act.
Adv Amit Kulkarni
(Querist) 10 March 2011
can u get me format of the conversion petition please ?
