Guest (n/a) 15 November 2008
prof s c pratihar (medical practitioner &legal studies) 15 November 2008
you havenot mentioned about any child out of wedlock.does she asking for alimony?simple petition please contact a lawyer of your locality. if not possible forum will help you. sometimes there are many questions which should not be exposed publicly.this is my sugession and not discouraging you.
Srinivas.B.S.S.T ( Advocate) 15 November 2008
I do agree with the sugesstion of the Professor sir, you have to contact a local advocate so that he can prepare a petition setting out the facts of your case. You must remember that no two cases are alike. However I am giving a formal draft of 13-B petition for your perusal and knowledge.
IN THE HONOURABLE COURT OF THE FAMILY JUDGE
2. XYZ PETITIONERS
I. THE PETITIONERS ARE:
The addresses of the Petitioners for the purpose of service of summons, notices etc. are as stated above.
II. THE RESPONDENT IS:
III (a). The Petitioners submit that they are husband and wife and their marriage was solemnized on XXXXX at XXXXXX at the residence of the 1st Petitioner as per Hindu rites and caste customs. The marriage was consummated.
(b) It is submitted that later they lived together happily for quiet sometime at Desapatrunipalem and at Visakhapatnam. There are no issues out of the wedlock.
(c) It is submitted that after lapse one year some differences arose between the parties and from July, 2004 the Petitioner are living separately.
(d) The Petitioners submit that both of them last lived together in Visakhapatnam District within the limits of this Honourable Court and have been living separately since more than four years. The mediations held by friends, relatives and near & dear of the Petitioners for reconciliation but did not yielded any fruitful result.
(e) The Petitioners submit that there was no chance for reconciliation of the Petitioners due to psychological incompatibility and cultural differences. Petitioners submit that the matrimonial relationship between them is irretrievably broken and is beyond repair. As such, the Petitioners submit that at the intervention of the friends, well-wishers and relatives both of them came to a conclusion to have divorce by mutual consent.
(f) Petitioners submit that they are no claims and counter claims against each other, against person or property either movable or immovable, as the Petitioners are self-sustainable.
(g) The 1st Petitioner herein paid a sum of Rs. XXXXXX/- (Rupees XXXX XXXX Only) towards full and final settlement of past, present and future liability to the 2nd Petitioner. The 2nd Petitioner received the same and undertakes not to make any claims against the 1st Petitioner. The 1st Petitioner paid the above-referred amount at the time filing this petition and the 2nd Petitioner acknowledged the receipt of the same.
(h) The 2nd Petitioner submits that she undertakes that she will not claim any maintenance, alimony or other legal rights against the 1st Petitioner or his family members in respect of movable or immovable properties, in future after passing of the decree.
(i) The Petitioners also agreed and came to a conclusion that they have no objection to get married to any person of their choice after dissolution of marriage by decree of divorce.
(j) The Petitioners submits that they have returned the gifts exchanged at the time of marriage and there is no claims of any nature from either side with respect the gifts exchanged at the time of marriage
(k) The Petitioners submit that they have not filed any other application for divorce by mutual consent or any application seeking relief under matrimonial laws before any other court and there is no fraud and collusion between them in filing the present application.
(l) The Petitioners submit that there is no scope to live together. Hence this petition for divorce by mutual consent.
IV. Cause of action for this petition arisen on XXXXX when the marriage between the Petitioners solemnized at XXXXXXX and subsequently as misunderstandings arose between the Petitioners, from XXX the Petitioners are living separately and as the mediations by friends and well wishers were failed, the Petitioners were advised to take divorce by mutual consent are all at Visakhapatnam and well within the jurisdiction of this Honourable Court.
V. This being a petition under Section 13(B) of the Hindu Marriage Act a Court fee of Rs. _____ is paid on the Petition.
VI. The Petitioners, therefore, pray the Honourable Court in the interests of justice that the Honourable Court may be pleased to pass
(a) Decree of divorce by mutual consent by dissolving their marriage; and
(b) Grant such other relief or reliefs that are deemed just in the circumstances of the case.
We, the above named Petitioners, do hereby verify and declare that the facts stated above are true and correct to the best of our knowledge, belief and information.
Visakhapatnam 1st PETITIONER
LIST OF DOCUMENTS
deepak gupta (lawyer) 16 November 2008
This is Advocate Gupta, i m mailing u the draft copy of divorce petition by mutual consent, kindly contact at email@example.com
IN THE COURT OF THE CIVIL JUDGE (S.D.) THANE AT THANE
Smt. Beena Rakesh Tiwari }
Age about 31 years, Occ. Household, }
R/at: C/o. Ramesh Pandey, }
Behind Laxmi Kutir, Jani Mandir, }
Virar (West), District-Thane. }…. Petitioner No.1
Shri Rakesh Ramavtar Tiwari }
Age about 33 years, Occ. Service, }
Ghunghat Nagar, Kalyan Naka, }
Bhiwandi, District Thane }…Petitioner No.2
The Petitioners abovenamed most respectfully begs to submit as under ;
(1) The Petitioners submit that they are the legally wedded husband and wife and their marriage was solemnized as per the Hindu Vedic rites and rituals on 01/02/1998 and after the said marriage they have resided and cohabited at Bhiwandi and out of the said wedlock one child namely Mohit, Age about 10 years was born.
(2) The Petitioners submit that after solemnizing the said marriage the Petitioners started cohabiting as the husband and wife in Bhiwandi and out of the said wedlock the above mentioned child was born. The Petitioners submit that initially they have resided together by adjusting each others, however, slowly and gradually the petitioner started realizing that they were not able to adjust each other and their views and style of life was quite different from each other and there were differences of opinion which resulted in discordant note between the petitioners and their lives become unhappy.
(3) The Petitioners submit that on many occasions the relatives and friends tried to patch up the differences between the petitioners, but no result came out and prior to seven years back the Petitioner No.2 started residing separately due to failure of their married life and since last seven years, the present Petitioner No.2 is residing separately and there is no any cohabitation in the gone period and there is no relations remained between the petitioners as a husband and wife since the month of September, 2001.
(4) The Petitioners submit that due to failure of their married life they are residing separately, however, the above mentioned children are in the custody of Petitioner No.1 and she is maintaining them and taking care with the help of her mother and other relatives and more over the Petitioner No.1 has given up her rights of maintenance as well as rights of maintenance of above mentioned child and present Petitioner No.2 agreed that the above mentioned child shall remain in the custody of Petitioner No.1.
(5) That there is no any collusion between the petitioners to file this petition for Divorce.
(6) That Petitioners submit that no Petition or any other proceeding is pending in any other courts in respect of the abovesaid subject matter.
(7) The Petitioners submit that as married life of this Petitioner No.1 and 2 is completely failed and it has become highly impossible to adjust each other and reside together therefore Dissolution of said marriage between Petitioner No.1 & 2 is become necessary, therefore, they have compelled to file this Petition.
(8) That cause of action has arisen in the month of September, 2001 when the Petitioner No. 2 started residing separately and it continues to arise everyday thereafter.
(9) That the Parties are residing in the territorial jurisdiction of this
(10) That this Petition is the Marriage Petition, therefore Court fee of Rs. /- is affixed upon the Petition.
(11) The Petitioners, therefore, pray that :
a) That the Marriage of Petitioners solemnized on 01/02/1998 may kindly be dissolved by a Decree of Divorce as per the provision of Section 13(1) (b) of Hindu Marriage Act.
b) Any other relief as this
We, 1) Smt. Beena Rakesh Tiwari and 2) Shri Rakesh Ramavtar Tiwari, the Petitioners abovenamed, do hereby state and verify that the contents of the foregoing paras as true and correct to the best of our knowledge and belief.
Signed and Verified at Thane, On this day of October, 2008
Filed in the Court,
Advocate for Petitioners
Srinivas.B.S.S.T ( Advocate) 16 November 2008
Dear Deepak. I do appreciate your effort. The Petition posted by you is perfect. But from the next time onwards whenever you post any petition please dont forget to delete the names and addresses of the clients. Cuz we should not disclose their details atleast not in an open forum like this. Regards Srinivas BSST
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 18 November 2008
I DO AGREE WITH ALL MY FRIENDS.
IF U NEED ANY HELP U CAN CONTACT ME AT
BUDHIRAJA & ASSOCIATES
253, AGGARWAL SHOPPING COMPLEX, CD-BLOCK, PITAMPURA, DELHI
Prakash (executive) 27 April 2012
Thank you for every one which this will be helpful to all.
further to this please can any body help me out to draft a copy petition for order copy. i.e copy application.
Prakash (executive) 27 April 2012
Please let me know for mutual concern divorce have appeal period.
LegalFighter (test) 29 June 2015
The format of MCD 13B petition has been changed now it seems. i.e. What kind of points can be included or not.Please can anyone help me sharing the new format ASAP.
Sachin Kulkarni 09 July 2015
In the Drafts above, word petitoner is involved in every point. My question is, Is it like even though I want to put the petition by myself, I must use the word petioner instead of I and My wife? or We?
Is this the draft when advocate submits it? And Do we must make few changes while submitting by ourself?
We have to add an address verification( Patta Pureshis) with pitition. Whats this?
How many copys of pitition we have to submit in the office?
Whats the fee? (Pune)
Can we submit the pitition in our mother tongue? (Marathi)
Please help me for this
SUJAETHA ESHWARA (TEACHER) 19 September 2015
Pl help me , I decided to give divorce to my husband after 5 yrs of struggle.
1. My husband wants MCD from high court Hyderabad, as a divorce was filed by him earlier there.
2. My lawer is suggesting to file in family court ,secunderabad.
3. Which is best for me ? He is promising to give me a monthly maintanance and a litigated oroperty but after divorce .
4. what action can i take if he doesnt turn up with promises.
5 . What precautions I can take now ? Pl help me immediately.
adv.bharat @ PUNE (Lawyer) 01 May 2016
1) MCD means?
2) The application can be filed where marriage is solemenised or the last place where they lastly resides together or where female place of residence. chose place as per ur choice.
3) Dont belive on any promise. Demand him DD of the amount if he give then u confirm it. after divorce he may not coperate to u. This is our experiance since last 25 years.
4) If u think ur husband not follow up ur promise then u need to file maintainance petition in court.
5) Folllo guideline given in point one to four,.
Naishadh Vyas (Lawyer) 22 October 2017
well said. Client protection is one of the basic duty of professional advocate.