UNDER SECTION 13-B (2) OF THE HINDU MARRIAGE ACT AS AMENDED UPTO DATE FOR DISSOLUTION OF MARRIAGE BY DECREE OF DIVORCE WITH MUTUAL CONSENT
In the District Court at Noida Suit No. …………… of 2013. In the matter of : (MY NAME) AND (MY HUSBAND NAME) Petition for a decree for dissolving marriage by mutual consent under section 13B of the Hindu Marriage Act, 1955.
The humble petition of the said (MY NAME)
1. That the parties to this present petition are both by religion and faith Hindus and they were married as per Hindu rites/customs at DELHI on 30/04/1998 and the said marriage is still existing. They are of age above 21 years.The affidavits of petitioners to this effect duly attested are attached.
2. That the status, age and place of residence of the parties to this petition before marriage and at the time of filing of the present petition were/are as follows:
- PETITIONER NO. 1/ WIFE Status Before Marriage Age Place of Residence -
Hindu Virgin 24 (MY FATHER ADDRESS DELHI)
At the time of filing the petition
Hindu Married 28 (MY PRESENT ADDRESS NOIDA)
PETITIONER NO. 2/ HUSBAND Status Before Marriage- Age Place of Residence
Hindu Bachelor 24 (MY INLAWS ADDRESS DELHI)
At the time of filing the petition
Hindu Married 31 (MY INLAWS ADDRESS DELHI)
3. That the parties to the petition were Hindu by religion at the time of marriage and they continued to be so at the time of filing the present petition.
4. The parties ever since the marriage did not pull on together being of different tastes habits,, ideas, and bearing and so being completely different nature and temperament and could never adjust themselves till now and so had no love nor heart for each other and they are not going to reconcile between them in future.Both parties have irreconcilable differences hence leading to part from each others and so the petitioners have mutually agreed that their marriage should be dissolved.
5. That, the parties to the present petition lived together as husband and wife till 4th April 2011 and thereafter have been living separately on account of difference due to one reason or the other and there is no possibility of reconciliation between the parties.
6. That, as stated above, the above named parties are living separately since 4th April 2011 and there is no chance of living together or any other reconciliation between the parties and as such they have agreed for dissolution of their marriage of their own free will and consent
7. That the parties last lived/cohabited at (my present address NOIDA) within the jurisdiction of this court when petitioner (MY NAME) of own and out of free will/accord broke the matrimonial home and withdrew herself from the company of said (MY HUSBAND NAME) with all her personal belongings and since then she has been residing and living at (my present address NOIDA) and is undesired with any wish for uniting with her husband.
8. That except as hereunder stated there were no other proceedings between parties.
9. That the above petition is bona fide and not presented in collusion between the parties.
10. That there is every legal grounds in granting the relief.
11. That, now the parties herein realized the futility of carrying on this relationship merely on paper any more. Moreover they verily believe that staying as husband and wife under one roof is no more possible and the marriage between them has been irretrievably broken down and hence there is no chance of reconciliation.
12.That, parties herein have agreed that the marriage should be dissolved and in this regard no hasty decision has been taken. The parties herein have reached to the decision of mutual dissolution of marriage after sufficient forethought and enough contemplation. As the marriage between them has completely been broken down and any further continuation of the same would amount to prolonging their agony, The parties have mutually settled their disputes regarding all the stridhan, maintenance, permanent alimony and all other matters.and also have agreed on following terms and conditions
A. That petitioner no 1 will get and retain the present flat (MY PRESENT ADDRESS) and petitioner no 2 will have no right title intrest possession inheritance succession or claim over this property and future earning of the wife i.e. petitioner no 1. forfeits all his claim against petitioner no 1. towards full and final settlement .There is no past, present or future claim against each other.The flat mentioned above so received by petitioner no 1, forfeits all her claim against the husband.and is towards full and final settlement of permanent alimony.
B. that the petitioner no 1 will get and retain the bank accounts which are in joint names and will be sole holder of the amounts lying in those accounts
C. That the petitioner no 1 will get and retain all the household goods and furnishings and petitioner no 2 will have no right or entitlement in those goods and furnishings
D. That the petitioner no 1 will get and retain all the insurance policies and will liable to pay all future premiums of these policies. The petitioner no 2 will have no right or entitlement to these insurance policies
E. That, Petitioner no. 1 has two kids from marriage with petitioner no. 2 on the date of separation.and will keep holding the custody of her kids but kids and husband are free to meet, live and go for vaccations whenever they wish
F. that both parties will get and retaim their respective single bank accounts and no one will be entitled to make any type of claim against these bank accounts
G. That, Petitioner no. 1 has no right, title, interest, possession, inheritance, succession or claim over the immovable properties and future earnings of the husband. and forfeits all her claim against petitioner no. 2 towards full and final settlement .There is no past, present or future claim against each other
H.That both the petitioner nos. 1 and 2 will not claim any type of maintenance or any right upon the property of each other or in-laws in future.
I. That, either should not disturb the other's future marital life.
J. That both the petitioner nos. 1 and 2 will not claim any type of maintenance or any right upon the property of each other or in-laws in future.
K. that petitioner no 1 will not be entitled to any Maintenance from petitioner no 2 as she is a working lady and earns good salary
L. that petitioner no 2 will not be entitled to claim any Maintenance from petitioner no 1 and will earn for himself
M.That both the petitioner nos. 1 and 2 undertake not to file any civil or criminal case including maintenance proceedings against each other.
N. that these conditions are towards full and final settlement of permanent alimony.There is no past, present or future claim against each other.and none of the both parties will subsequently make any claim for maintenance , rights of reisdence etc .
13. The consent has not been given by either party by fear, force, fraud, coercion or undue influence
14. That there is no previous proceeding with regard to the marriage of the parties.
15. That, there is no improper or unreasonable delay in filing the present petition.
16. That, as prayed in application filed under section 151 CPC the period of six months for moving second motion under section 13-B (2) of the Hindu Marriage Act may be waived off condoned in the circumstances of the case.
17. That, the prescribed court fee has already been affixed on the petition Your petitioners hence pray for a Decree of dissolution of marriage by mutual consent under section 13B of the Hindu Marriage Act 1955 and also and other Orders be made as to this Learned Court may deem proper and fit. And your petitioners as in duty bound shall ever pray Verification I, (MY NAME) wife of ............ daughter of ……, aged about………… years by occupation service residing at (MY PRESENT ADDRESS NOIDA) do hereby solemnly affirm and say as follows: I am the petitioner No. 1 above-named. I know and I have made myself acquainted with the facts and circumstances of this case. The statements in paragraphs 1 to 6 of the petition hereinabove are true to my knowledge and belief. I sign this verification on this ………… day of…………… at the Court House at……………. Signature of Y I, (MY HUSBAND NAME) son of…………… aged about………… years residing at ( my inlaw address DELHI ) do hereby solemnly affirm and say as follows: I am the petitioner No. 2 above-named and I know and I have made myself acquainted with the facts and circumstances of this case. The statements in paragraphs 1 to 6 are true to my knowledge and belief. I sign this verification on this ………… day of…………… at the Court House at …………………… Signature of X Verification