Please suggest either it is correct format to appeal:
PETITION 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
Most Respectfully Showeth:
1. That a marriage was solemnised between the petitioner no. 1 and petitioner no. 2 at Dharamgarh on 27th January 2005 according to the Hindu rites and ceremonies. 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 Age Place of Residence
Before Marriage- Hindu 21 At/Po/P.S. – Raja Khariar, Distt. - Nuapada (Odisha)
Virgin
At the time of
filing the petition Hindu 28 At/Po/P.S. – Raja Khariar, Distt. - Nuapada (Odisha)
Married
PETITIONER NO. 2/ HUSBAND
Status Age Place of Residence
Before Marriage- Hindu 24 At/Po/P.S. – Dharamgarh, Kalahandi, (Odisha)
Bachelor
At the time of
filing the petition Hindu 31 At/Po/P.S. – Lanjigarh, Distt. - Kalahandi (Odisha)
Married
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. That, the parties to the present petition lived together as husband and wife till 4th April 2010 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.
5. That, since there is no possibility of reconciliation between the parties, they have agreed to convert the petition filed by the petitioner no. 1 for dissolution of marriage to a petition by mutual consent for dissolution of their marriage under section 13-B (1) of the Hindu Marriage Act.
6. That, no other case is pending in any court of law between the parties except than this present petition.
7. That, the terms of settlement between the parties arrived at sum of Rs9, 11, 000/- (Rupees Nine Lakhs Eleven thousand) and shall be paid in the shape of draft infavour of Petitioner No.1 payable at S.B.I.Khariar.
8. That, amount given as maintenance is towards full and final settlement of permanent alimony.There is no past, present or future claim against each other.
9. That, Petitioner no. 1 has no right, title, interest, possession, inheritance, succession or claim over the immovable properties and future earnings of the husband. The amount so received by her, forfeits all her claim against petitioner no. 2.
10. That, Petitioner no. 1 has not conceived through petitioner no. 2 on the date of separation.
11. That, either should not disturb the other's future marital life.
12. That, as stated above, the above named parties are living separately since 4th April 2010 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.
The consent has not been given by either party by fear, force, fraud, coercion or undue influence.
13. That, the present petition has not been filed in collusion of the parties.
14. That, there is no ground as to why the relief prayed for cannot be granted to 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 marriage was solemnised and consummated at Lanjigarh between the parties and they also last resided together at 4th April 2010, hence, this Hon’ble Court has jurisdiction to entertain and try the present petition.
18. That, the prescribed court fee has already been affixed on the petition.
19. 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.
20. 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.
