I have decided to file for mutual consent with my wife who has comitted adultery. She has demanded some upfront money and monthly maintenance. In return I am also getting custody of my kids who are 4 (son) and 7 (daughter) years old.
Please check the terms below and let me know if any changes are necessary :
BEFORE THE JUDGE, FAMILY COURT, <location>.
Hindu Marriage Petition No. ______ / 2010
PETITIONERS :
1. Husband
2. Wife
VERSUS
RESPONDENT :- NIL
PETITION UNDER SECTION 13(B) OF HINDU MARRIAGE ACT, 1955 FOR GRANT OF DECREE OF DIVORCE BY MUTUAL CONSENT:
The petitioners most respectfully beg to submit as under :
1. That, the petitioner no. 2 is the legally wedded wife of the petitioner no.1 and their marriage was performed on <date> at <address> as per the Hindu rites and custom and the same was registered at the office of the sub-registar <locattion> under the serial no xx on <marriage date>. Thereafter the parties started living together as husband and wife. The parties are having two children the daughter being born on <date> and the son on <date>
2. That, with the lapse of some time after the marriage, the parties found that their temperament was not matching and there were constant quarrels between them.
3. That, as and from <date>, the parties have permanently left the company of each other and the petitioner no. 2 is continuously living away from the petitioner no. 1. The parties are not willing to join each others’ company.
4. That, the marriage between the parties has been broken down irretrievably and forever and, for all times to come, and there is no hope of conciliation between the parties. The parties have refused to live with each other and have refused to see each others’ face. All the efforts of the members of both the families for re-conciliation between the parties have failed. Even the elders of the society and the friends of both the parties have tried for the conciliation between the husband and wife, but both the parties are determined to live separately from each other and thus all the efforts of all the people including family members, friends, elders of the society have failed in bringing a rapprochement between the husband and wife.
5. That, the husband and wife have decided to part ways and to live separately from each other & to end their marriage by a divorce;
6. That, both the parties are governed by Hindu Law and are governed by their own personal laws and custom.
7. That, the parties have, mutually with utmost cool mind and without any force, fraud, pressure, coercion or undue influence, have decided to end their marriage, so that both the parties can, in future live happily in their own way. Accordingly, the parties i.e. the husband and the wife have decided to divorce each other and the parties do hereby give divorce to each other and end their marriage for ever as per their custom and rituals. The parties pray to this Hon’ble Court to accordingly pass a decree for divorce by mutual consent.
8. That, the petitioner no.1 agrees to pay a sum of Rs.xxx to the petitioner no 2. in full and final settlement of all her claims towards permanent alimony and maintenance and the said payment shall be made to her by a demand draft at the time of recording evidence in this petition for mutual consent. The first petitioner declares that she will not file any petition claiming any further alimony in future from the petitioner no 1. The petitioner no.2 also submits that she has taken back all her belongings including jewels and has no further claim in respect of any articles and jewels. The petitioners submit that there is no claim against each other in respect of any article or jewels.
Apart from this amount of Rs. xxx/-, toward the permanent alimony, the husband has also agreed to pay an amount of Rs. xxx per month to the wife till she re-marries. In case the husband fails to pay the said amount of Rs. xxx, the wife is entitled to recover the same through Court proceedings and the cost of the same shall be borne by the husband only apart from the damages. So long as this amount is being paid by the husband, the wife shall not be entitled to claim any maintenance or anything from the husband. To facilitate the other terms the parties have arrived at and signed the Consent Terms/Compromise Deed which is annexed with the Petition as Consent terms/ Compromise deed.
9. That, the parties have also agreed that the custody of the children will be with the Husband and the wife will have the unrestricted visitation rights and also the wife will be entitled to custody of the child during the vacations as agreed in the consent terms.
10. That, the marriage between the parties was solemnized at <location> but the are residing at <location>. Hence this Honourable court has territorial jurisdiction to try this petition.
11. That, the cause of action for filing this petition arose in December 2010 when the parties have separated themselves from each other. The cause of action is continuous. Hence it is within limitation.
12. That, no collusion or connivance exists between the parties for the purpose of obtaining a dissolution of their marriage or for any other purpose.
PRAYER : It is therefore most respectfully prayed that this Honourable Court may be pleased to :
• pass a decree of divorce between the parties by mutual consent ;
• And may grant any other relief as deemed fit in the facts and circumstances of the case, in the interests of justice.
<place for signatures>
