Divorce petition
Dharmender
(Querist) 22 September 2012
This query is : Resolved
I have to file petition for Divorce with mutual consent. I want to know whether I have missed any points. How can I safe gaurd myself so that the wife should not backout after taking the first installment of settlement
Below is the Petition. Teh comprmise deed which has to be signed is also there below petition
IN THE COURT OF LEARNED DISTRICT JUDGE, AMBALA.
Petition No……….of 2012
Husband.
Petitioner no.1
And
Wife
Petitioner no.2
Petition under section 13-B of Hindu Marriage Act, 1955 as amended upto date for dissolution of the marriage by a decree of divorce with mutual consent.
Sir,
The petitioners submit as under :-
1. That the marriage between the petitioner no.1 and petitioner no.2 was solemnized on 11.05.2005 at Pinjore according to Hindu rites & cermonies (Phera Ceremonies). The affidavits duly attested in this regard are attached herewith.
2. That the status of the parties at the time of marriage and at the time of filing the petition is as under :-
Husband Wife
Status Residence Status Residence
i)At the Hindu Ambala Cantt Hindu Pinjore
time of Unmarried Unmarried
marriage
ii)At the Hindu -do- Hindu Noida
time of Married Married
filing the
petition.
3. That the petitioner no.1 is M.C.A while the petitioner no.2 is M.B.A.
4. That after the marriage, the parties to the petition lived as husband and wife at Ambala Cantt and cohabited as such. After a short stay at Ambala they moved at NOIODA B-108, Sector 36 NOIDA. Out of this wedlock a female child named Lavisha was born on 30-12-2006. After the marriage, the parties lived together as husband and wife upto 30.07.2007. Now the petitioner no.1 is residing at Ambala Cantt and Petitioner no.2 residing at Noida.
5. That several efforts were made through the common relatives of the parties to reconcile the matter but both the petitioners have said that it was not possible for them to live together as husband and wife under one roof.
6. That due to incompatibility of temperament and due to matrimonial disputes, the parties are living separately from each other since 30-07-2007.
7. That the petitioner no.2 has filed criminal complaint u/s 498 A, 323, 406, ___ IPC Before the Chief Judicial Magistrate Gautam Budh Nagar, NOIDA (U.P) against petitioner no.1 and his family members and the said cases pending for __________.
8. That the petitioner no.2 has also filed petition no.___ u/s _______ of domestic violence act Before the Chief Judicial Magistrate Gautam Budh Nagar, NOIDA (U.P) against petitioner no.1 and the said petition is pending for______.
9. That the petitioner no.2 has agreed to withdraw the criminal complaint no. u/s 498 A, 323, 406, ___ IPC as well as petition no. ___ u/s _______ of domestic violence act as well as if any other complaint pending Before the Judicial Magistrate Gautam Budh Nagar, NOIDA (U.P)or in any other court of the country. The petitioner no.2 has also agreed in principal to cooperate the petitioner no.1 and petitioner no. 2 will depose in favour of petitioner no. 1 and his family members for withdrawing the above said cases as well as any other case filed by petitioner no.2 against petitioner no.1 and his family members.
10. That as per settlement, the petitioner no.1 has agreed to pay a sum of Rs.___________ to the petitioner no.2 on account of her and the child maintenance and permanent alimony including all the claims between the parties. It is also agreed between the parties that Lavisha shall also reside and will be maintained by petitioner no.2 & Lavisha shall not claim any maintenance or any marriage charges as well as any right in the property of the petitioner no. 1 and his family members in future. All the claims have been settled between both the petitioners and nothing is recoverable from each other.It is also settled that no claim of any kind for any litigation or any complaint in any court of law or before any officer will be filed by any of the petitioners.
11. That keeping in view, their young age and future prospects both the parties have decided to live separately and to get their marriage dissolved by mutual consent.
12. That with the intervention of the respectable of families of both the petitioners, both the parties have settled their all claims & all the claims of the parties have been settled. No claim is left to be decided between the parties and all the claims between the parties inter se have been settled amicably.
13. That both the petitioners have decided to obtain divorce by mutual consent without any pressure and coercion and in a sound and disposing state of mind.
14. That there is no delay in filing the petition and the petition is being filed without any pressure from any corner.
15. That there is no ground why the relief sought by the petitioners should not be granted to them.
16. That the petitioner no.1 is residing at 32-A, Vashisht Nagar, (Babyal) Ambala Cantt which is well within jurisdiction of this Hon’ble Court, therefore this Hon’ble court has got the jurisdiction to entertain and try the present petition.
17. That a fixed court fee of Rs.25/- as required by law has been paid on the petition.
It is, therefore, prayed that the petition
filed by the petitioners may kindly be accepted and a decree of divorce by mutual consent be granted to the petitioner, in the interest of justice.
Dharmender Kumar, aged 34 years, son of Sh.Parshotam Lal, Resident of House no.32-A, Vashisth Nagar, Ambala Cantt.
(Petitioner no.1)
Through Counsel
Bhawna aged about 34 years, wife of Sh. Dharmender Kumar(daughter of Sh.Bhalla ), Resident of B-108 Sec-36 Noida.
(Petitioner no.2)
Through Counsel
VERIFICATION
Verified at Ambala City on that the contents of para no.1 to .. of the petition are true and correct to the best of my knowledge and rest of the paras no…. to 14 are true to my belief. Nothing has been concealed therein.
(Petitioner no.1) (Petitioner no.2)
COMPROMISE DEED
This deed of compromise made on this ………..Day of ……………..2012, between Sh. Dharmender Kumar aged 34 years, son of Sh Parshotam Lal R/o 32 A Vashist Nagar Ambala Cantt (herein called as the 1st Party) and Bhawana aged 34Years W/o Dharmender Kumar D/o Sh Tilak Raj Bhalla R/o B-106 Sec-36 Noida(herein called the 2nd Party) on the following terms and conditions :-
1. That the 1st Party was married to 2nd Party on 11 May 2005 according to Hindu Rites and Ceremonies at Pinlore, Panchkula.
2. That 1st and 2nd Party lived together and cohabited with each other at Ambala Cantt . Both of them moved to NOIDA after a short period and out of this lawful wedlock, a female child was born on 30 Dec 2006 at NOIDA.
3. That the 1st Party and 2nd Party tried their best level to adjust with each other but all in vain and have been staying separately from 30 Jul 2007. The efforts of all the relatives, friends and well wishers also failed in bridging the differences between them. The marriage has broken down irretrievably with out any possibility of retrievable. Therefore, the 1st Party and 2nd party have now mutually agreed to dissolve their marriage without any further bitterness.
4. That it has been resolved by the intervention of relatives and respectable of the 1st Party and 2nd Party that 1st Party will pay a lum-sum permanent alimony of Rs ……….to the 2nd Party for all her expenses including the maintenance and other litigations and the female child will be kept by the 2nd Party through out her life and will have no concern whatsoever with the 1st Party and his family members in all concerns. This amount mentioned above is paid for 2nd Party as well as her female child. It is also settled that no claim of any kind for any litigation or any complaint in the court of law or before any officer will be filed by any of the parties. The female child will not claim any claim of any maintenance or any marriage charges or any claim of property from the 1st Party and his family members in future. The sole responsibility of female child will rest upon the 2nd Party in all respects.
5. That it has also been resolved that the 2nd Party will withdraw all the criminal cases filed against 1st Party Under Section 323, 406, 498-A, 504 and 506 IPC and ¾ of Dowry Act & U/S 18 F&G, 20 of Protection of women from Domestic Violence Act as well as u/s 125 if any, pending at Gautam Budh Nagar, Uttar Pradesh during the pendency of divorce petition.
6. That 1st installment of Rs 275000/- (Rs two lacs seventy five thousand only) will be paid through a Cheque No………………………. dated ……………….drawn on ………………………………..after all the cases are withdrawn by 2nd party within one month of filing this divorce petition and 2nd installment will be paid on the last day of signing the divorce decree by Cheque No………………… .dated ………………drawn on ……………...
7. That none of the parties will claim anything in future from either party and all the disputes have been settled by this compromise.
8. That it has further been resolved that both the parties are bound by this compromise and they have no relation ship whatsoever with each other from today.
9. IN WITNESS WHEREOF both the parties have appended their signatures in the presence of witnesses mentioned below.
Witnesses First Party
Second Party
V R SHROFF
(Expert) 22 September 2012
Well done .
As it is District Court [& not family court,] you need advocate, so he will do any needful .
[court shd be convince for Lavisha entire future / expenses ]
Kiran Kumar
(Expert) 22 September 2012
If you are filing the same at Amabala
seek help of Advocate Tarun Kumar Kalra, practicing lawyer at Ambala Courts.
He is a member here on LCI and is a competent lawyer.
His Cell No. is 09996311003
