Following is the MCD draft which will be sent to wife for approval from her and her lawyers. Please suggests changes if any to make it more airtight/foolproof-so that there are no loose ends, that she refrains from backing out her mutual consent at time of second motion and she can in no way in future ask for enhanced maintenace for self/child under any circumstances. I am petitioner No 1 and she is petitoner no.2
TO,
THE HONOURABLE PRINCIPAL JUDGE
AND THE OTHER HONOURABLE PRINCIPAL JUDGES
OF THIS HONOURABLE COURT
THE HUMBLE PETITION OF THE PETITIONERS ABOVEMENTIONED
MOST RESPECTFULLY SHOWETH
1. Both the petitioners are hindu, resident of Mumbai and domiciled in state of Maharashtra. The petitioner No.1 was bachelor and petitioner No.2 was a spinster by name of MISS -----------------, at the time of marriage.
2. Both the petitioners married with each other on ------------ as per vedic hindu rites at borivaliMumbai. The said marriage is registered. The marriage certificate is annexed and market hereto at exhibit “A”. The marriage photographs are annexed and marked hereto at exhibit “B”
3. There is only one issue born of the said wedlock, named -----------------, born on -------------. The birth certificate is annexed and marked hereto at exhibit “C”
4. After the marriage both petitioners started residing together as husband and wife at the aforesaid mentioned address of petitioner no.1.
5. Petitioners state that they have been living separately since -----------. The relationship between them having become strained and their nature, temperament and disposition becoming incompatible, they do not want to live together. The petitioners state that several attempts made by family, relatives, friends and well wishers to bring about reconciliation have proved futile.
6. Petitioners state that they are unable to live together and there is no probability or possibility of living together as husband and wife. They have thus decided and conceded to take divorce by mutual consent and get their marriage dissolved amicably on following terms:
· That the Petitioner No.1 will pay Rs.---- (Rupees fifty lakhs) to petitioner no.2 for herself and/or aforesaid child, as permanent alimony as full and final one time settlement of all claims for maintenance in the past, present and future. In this regards the petitoner no.1 shall pay -------- per month for period of 6 months ie the duration between filing of the first motion and second motion. The aforesaid payment shall be by way of 6 post dated cheques and all 6 will be given together at the time of filing of first motion. The remaining amount of -------- shall be handed over to petitoner no.2 through the court at time of successful completion of the mutual divorce. The petitioner no.2 states that by accepting the 6 cheques and getting them encashed, she understands that the terms and conditions of this agreeement are getting fulfilled by petitioner no.1 and at a later stage if she withdraws her consent it will be taken as contempt of court by her.
· That both the petitioners are agreeing to expressly forgo the right of future Maintenance / Alimony against each other and will not claim any amount or right over each other in future even under change of any circumstances in any court of law.
· That both the Petitioners expressly forfeit voluntarily all their past, present and any future accruals arising out of any nature of maintenance for self, and/or aforesaid child, and/or their relatives under any acts of change of circumstances such as on price rise index change and/or inflation and/or on their medical needs and/or on grounds of education needs and/or on grounds of remaining in un-employment and/or marriage.
· That both the petitioners shall make no claim and/or right against any movable and/or immovable property either self earned or ancestral.
· Both the petitioners have no claims and/or complaints against each other and against relatives regarding this wedlock.
· The custody of child shall remain with petitioner no.2. However petitioner no.1 can meet the child on weekends/festivals/important occasions at a mutually agreed and convenient time and/or take the child for outings/ vacations/tours and/or sleepovers at his place.
7. Any deviations from the above mentioned terms conditions shall be held as contempt of court and the petitioner responsible for deviation will be liable to face court proceedings.
8. Petitioners state that there are no other exchanges pending between them and either of them shall not make any claims whatsoever in future in any court of law. This express waiver to claim includes all claims in past, present and future in respect of alimony, maintenance, Stridhan, litigation cost, marriage gifts, dowry, ornaments or articles of any nature, personal belongings, expenses incurred during marriage, other occasions by self and/or by parents and/or relatives and/or well-wishers and/or friends or otherwise and any other demand whatsoever.
9. Petitioners state that both of them got married in Mumbai and after marriage till they separated they are cohabited in Mumbai, thus, this honourable court has jurisdiction to entertain and try this petition.
10. Petitioners have paid the prescribed court fees on this petition as per the court of provision of law
11. Petitioners submit that there are no proceedings pending between them in any court in India or outside India or in this court regarding the subject matter of this petition.
12. Petitioners submit that consent to file this petition jointly was mutually agreed upon by them and there is no misrepresentation, coercion, threat, force, pressure, undue influence or fraud having been played by any of the petitioners upon each other for obtaining such consent. That both the petitoners shall co-operate with each other and shall come whereever and whenver for the required court proceedings.
Petitioners therefore pray
That this Honourable court be pleased to dissolved the marriage between the petitioners by decree of divorce under section 13-B of The Hindu Marriage Act 1955
