Mutual divorce petition Draft
CRIMINAL COMPLAINT NO. ______ OF 20__
BEFORE
THE HON’BLE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURTS___________, DELHI
H.M.A. PETITION NO. ___ /20XX
In The Matter Of:
ABC (Husband) …PETITIONER NO.1
AND
XYZ (Wife) …PETITIONER NO.2
P.S: __________, DELHI
~I N D E X~
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S.NO. |
PARTICULARS |
C.FEE |
PAGES |
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1. |
Memo
of Parties. |
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1 |
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2. |
Petition
Under Section 13 B (1)
for dissolution of marriage by mutual consent along with affidavits. |
Rs.15/- |
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3. |
Affidavits
of the Petitioners in terms of the judgment passed by the Hon'ble High Court
of Delhi in case titled as “RAJAT GUPTA
VS. RUPALI GUPTA” |
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4. |
List
of document alongwith documents |
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5. |
Annexure-
‘A’ & ‘B’ |
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6. |
Undertaking
regarding Court Fees and Welfare Ticket |
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7. |
Vakalatnama |
Rs. 4/- |
A-B |
PETITIONER NO.1 PETITIONER NO.
2
THROUGH THROUGH
COUNSEL COUNSEL
DELHI
DATED:___.XX.20XX
BEFORE THE HON’BLE COURT OF LD. PRINCIPAL JUDGE, FAMILY
COURTS___________, DELHI
H.M.A. PETITION NO. ___ /20XX
In The
Matter Of:
ABC (Husband) …PETITIONER NO.1
AND
XYZ (Wife) …PETITIONER NO.2
MEMO OF PARTIES
S/o XXXX
R/o XXXXX
…PETITIONERNO.1
AND
Smt. XYZ
W/o Shri ABC
D/o Shri PQR,
R/o House No. XXXX …PETITIONERNO.2
PETITIONER NO.1 PETITIONER NO.
2
THROUGH THROUGH
COUNSEL COUNSEL
DELHI
DATED:___.08.2022
BEFORE THE HON’BLE COURT OF LD. PRINCIPAL JUDGE, FAMILY
COURTS___________, DELHI
H.M.A. PETITION NO. ___ /20XX
In The
Matter Of:
ABC (Husband) …PETITIONER NO.1
AND
XYZ (Wife) …PETITIONER NO.2
P.S:-
__________, DELHI
FIRST MOTION PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF
DIVORCE BY MUTUAL CONSENT UNDER SECTION 13(B)(1) OF THE HINDU MARRIAGE ACT
AMENDED FROM TIME TO TIME.
Most
respectfully showeth:-
1.
That the marriage was solemnized between the parties
to the petition on _________ as per Hindu Rites, Customs
and Ceremonies at __________________. Affidavits of
the petitioners are filed herewith.
2.
That the status and place of residence of the parties to
the marriage before the marriage and at the time of filling the petition
were/are as follows:
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Husband/Before Marriage |
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STATUS |
AGE |
PLACE
OF RESIDENCE |
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Bachelor |
__ Yrs |
House no. Abc Colony
XYZ . |
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AT THE TIME OF FILING THE
PETITION |
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STATUS |
AGE |
PLACE
OF RESIDENCE |
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Married |
__ Yrs |
House no. Abc Colony
XYZ . |
WIFE/Before Marriage
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STATUS |
AGE |
PLACE OF RESIDENCE |
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spinster |
__Yrs |
House no. Abc Colony XYZ . |
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AT
THE TIME OF FILING THE PETITION |
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STATUS |
AGE |
PLACE OF RESIDENCE |
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Married |
__
Yrs |
House no. Abc Colony XYZ . |
3.
That the marriage between the petitioner no.1 and the
petitioner no.2 was consummated and cohabited and out of
this wedlock one male child namely master PraneilRana was born on __________. The photocopies of the Aadhar Cards of the petitioners and their son
namely master _________ are filed herewith.
4.
That there is an irretrievable break down of the
marriage due to temperamental differences and matrimonial discords with each
other, the parties to this petition could not adjust with each other in the
matrimonial tie. Accordingly, the
parties to the petition have been living separately since _________.
5.
That on ___________,
both the parties out of their own efforts and efforts on the part of their
respective parents and relatives have settled their matter out of their free
will and consent voluntary without any kind of threats, force coercion, undue
influence, mis-representation from any corner whatsoever have settled all their
matters on or amongst the following terms and conditions:-
i. . Conditions
as per MOU.
ii. X
iii. Xxx
iv. Xxxxx
v. Xxxxx
vi. Xxxxxxx
vii. xxxxxx
6.
That after obtaining First Motion of divorce by mutual
consent both the parties shall withdraw all their respective complaints filed
before the police authority, court, CAW Cell, commission for women, NGOs or
before any statutory and non-statutory bodies in respect of the any claim
arising out of aforesaid marriage against each other, their respective parents
and relatives if any pending.
7.
That both the parties have surrendered and waived
their statutory and constitutional rights to institute any proceeding against
each other at present or in future.
8.
That the mutual consent of either of the parties to
the petition has not been obtained by force, fraud, misrepresentation or undue
influence.
9.
That there has been no unnecessary or improper delay
in instituting the present petition, the parties have mutually agreed to
dissolve the marriage by mutual consent. There has been no collusion between
the parties to institute the present petition.
10.
That there is no other legal ground why the relief
should not be granted.
11.
That the Petitioner no.2 is permanent resident of R/o House no. Abc Colony
XYZ ., hence, this Hon'ble Court has legal and
territorial jurisdiction to try, entertain and adjudicate the present petition.
12.
That the requisites court fee has been affixed on this
petition.
P R A Y E R:-
In the above mentioned circumstances,
it is therefore most respectfully prayed that the marriage between the parties
may very kindly be dissolved by a decree of divorce on the basis of the mutual
consent as provided under the law. The parties do not claim any other relief or
cost against each other.
PETITIONER NO.1 PETITIONER NO.
2
THROUGH THROUGH
COUNSEL COUNSEL
V E R I F I C A T I O N:
We the above named petitioners state on solemn affirmation that paras 1
to 5 (i-v) of the petition are true and correct to our knowledge and those of
paras 6 to 12 are believe to be true on the legal information received by and
the last para is prayer to this Hon’ble court.
Verified at Delhi on this ____ day of ______, 2022.
PETITIONER NO. 1 PETITIONER NO. 2
BEFORE THE HON’BLE COURT OF LD. PRINCIPAL JUDGE, FAMILY
COURTS___________, DELHI
H.M.A. PETITION NO. ___ /20XX
In The
Matter Of:
ABC (Husband) …PETITIONER NO.1
AND
XYZ (Wife) …PETITIONER NO.2
A F F I D A V I T
I,
Shri
ABC S/o Shri XXXX AGED ABOUT xx YEARS R/o House no. xxxxxxxx, do hereby solemnly affirm and declare as under:-
1.
That the deponent is the Petitioner No. 1 in the above
named petition and is fully conversant with the facts and circumstances of the
case.
2.
That the marriage was solemnized between the parties
to the petition according to ________ according to Hindu
rites and ceremonies at ____________.
3.
That there is an irretrievable break down of the
marriage due to temperamental differences and matrimonial discords with each
other, the parties to this petition could not adjust with each other in the
matrimonial tie. Accordingly, the
parties to the petition have been living separately since _________
under the same roof without having any kind of relationship with each other.
4.
That the accompanying petition has been drafted by my
counsel under my instructions and contents have been read over and explained to
me in my vernacular language, which I have understood and are true and correct.
5.
That there has been no unnecessary or improper delay
in instituting the present petition after the time, the parties has mutually
agreed to dissolve the marriage by mutual consent.
6.
That there has been no collusion between the parties
to institute the present petition.
DEPONENT
V E R I F I
C A T I O N:
Verified
at Delhi on the day of ____ day of XXXX’ 20XX that the contents of the above
affidavit are true and correct and nothing has been concealed there from.
DEPONENT
BEFORE THE HON’BLE COURT OF LD. PRINCIPAL JUDGE, FAMILY
COURTS___________, DELHI
H.M.A. PETITION NO. ___ /20XX
In The
Matter Of:
ABC (Husband) …PETITIONER NO.1
AND
XYZ (Wife) …PETITIONER NO.2
A F F I D A V I T
I, Smt.
XYZ W/o Shri ABC D/o Shri XXX, aged
about XX years R/o House No. XXXXXXXXXX., do hereby solemnly
affirm and declare as under:-
1.
That the deponent is the Petitioner No. 2 in the above
named petition and is fully conversant with the facts and circumstances of the
case.
2.
That the marriage was solemnized between the parties
to the petition according to __________ according to
Hindu rites and ceremonies at XXXX.
3.
That there is an irretrievable break down of the
marriage due to temperamental differences and matrimonial discords with each
other, the parties to this petition could not adjust with each other in the
matrimonial tie. Accordingly, the
parties to the petition have been living separately since __________.
4.
That the accompanying petition has been drafted by my
counsel under my instructions and contents have been read over and explained to
me in my vernacular, which I have understood and are true and correct.
5.
That there has been no unnecessary or improper delay
in instituting the present petition after the time, the parties has mutually
agreed to dissolve the marriage by mutual consent.
6.
That there has been no collusion between the parties
to institute the present petition.
DEPONENT
V E R I F I
C A T I O N:
Verified at Delhi on the day of ___ day of XXXX, 20XX that the contents
of the above affidavit are true and correct and nothing has been concealed
there from.
DEPONENT
BEFORE THE HON’BLE COURT OF LD. PRINCIPAL JUDGE, FAMILY
COURTS___________, DELHI
H.M.A. PETITION NO. ___ /20XX
In The
Matter Of:
ABC (Husband) …PETITIONER NO.1
AND
XYZ (Wife) …PETITIONER NO.2
~LIST OF DOCUMENTS~
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S.NO |
PARTICULARS |
Pages
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01 |
True
copy of Identity proof of the petitioners |
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02 |
Original
Marriage Photograph |
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03. |
Copy
of Marriage Card |
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04. |
Copy
of Settlement/MOU dated ________ |
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05. |
Any other
documents with the permission of this Hon'ble Court. |
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PETITIONER NO.1 PETITIONER NO.
2
THROUGH THROUGH
COUNSEL COUNSEL
DELHI
DATED:___.XX.20XX
BEFORE THE HON’BLE COURT OF LD. PRINCIPAL JUDGE, FAMILY
COURTS___________, DELHI
H.M.A. PETITION NO. ___ /20XX
In The
Matter Of:
ABC (Husband) …PETITIONER NO.1
AND
XYZ (Wife) …PETITIONER NO.2
AFFIDAVIT
IN TERMS OF THE JUDGMENT PASSED BY THE HON'BLE HIGH COURT OF DELHI IN CASE
TITLED AS “RAJAT GUPTA VS. RUPALI GUPTA”
I, Shri ABC S/o Shri XXXXXXX
AGED ABOUT XX YEARS R/o House no. XXXXXXXXXXX, do hereby solemnly affirm and declare as under:-
1.
That the deponent is the Petitioner No. 1 in the above
named petition and is fully conversant with the facts and circumstances of the
case.
2.
That the contents of the accompanying Petition U/s
13(B)(1) of H.M.A has been drafted by my counsel under my instructions and the
same have been explained to me in vernacular which are true and correct to my
knowledge, the contents of the same may kindly be read as part and parcel of
present affidavit, which are not being reproduced herein for the sake of
brevity.
3.
That the marriage was solemnized between the deponent
and petitioner no.2 to the petition according to __________ according
to Hindu rites and ceremonies at ___________.
4.
That there is an irretrievable break down of the
marriage due to temperamental differences and matrimonial discords of the
deponent and petitioner no.2. Accordingly, the deponent and petitioner no.2 to
the petition have been living separately since ________.
5.
That on ________, both the parties out
of their own efforts and efforts on the part of their respective parents and
relatives have settled their matter out of their free will and consent
voluntary without any kind of threats, force coercion, undue influence,
mis-representation from any corner whatsoever have settled all their matters on
or amongst the following terms and conditions:-
I.
Conditions as per MOU.
II.
Xx
III.
Xxx
IV.
Xxxx
V.
Xxxxx
VI.
xxxxxx
6.
That the deponent and petitioner no.2 to the present
petition shall be bound with the Settlement/MOU Dated __________
and on the basis of said settlement, the deponent and the petitioner no.2 have
filed the present petition u/s 13 B(1) HMA.
7.
That now, the deponent and petitioner no.2 had signed
the joint statement and the present petition after understanding the contents
of the same in vernacular and voluntarily without pressure, threat or coercion
in the presence of their family members and shall be liable for the penal
consequences in case of breach.
8.
That there is no collusion between the deponent and
petitioner no.2 in institution the present petition.
9.
That there is no legal ground as to why the relief to
the deponent and petitioner no.2 could not be granted as prayed for.
10.
That the marriage was solemnized between the deponent
and petitioner no.2 to the present petition at Delhi, both the deponent and
petitioner no.2 last resided together in Delhi within the jurisdiction of this
Hon'ble Court hence this Hon'ble Court has original and territorial
jurisdiction to try, entertain and decide the present petition.
DEPONENT
V E R I F I
C A T I O N:
Verified at Delhi on the day of ____ day of ______’ 20XX that the
contents of the above affidavit are true and correct and nothing has been
concealed there from.
DEPONENT
BEFORE THE HON’BLE COURT OF LD. PRINCIPAL JUDGE, FAMILY
COURTS___________, DELHI
H.M.A. PETITION NO. ___ /20XX
In The
Matter Of:
ABC (Husband) …PETITIONER NO.1
AND
XYZ (Wife) …PETITIONER NO.2
AFFIDAVIT
IN TERMS OF THE JUDGMENT PASSED BY THE HON'BLE HIGH COURT OF DELHI IN CASE
TITLED AS “RAJAT GUPTA VS. RUPALI GUPTA”
I,
Smt.
XYZ W/o Shri ABC D/o Shri XXXXX, aged
about XX years R/o House No. XXXXXXXXX.,
do hereby solemnly affirm and declare as under:-
1.
That the deponent is the Petitioner No. 2 in the above
named petition and is fully conversant with the facts and circumstances of the
case.
2.
That the contents of the accompanying Petition U/s
13(B)(1) of H.M.A has been drafted by my counsel under my instructions and the
same have been explained to me in vernacular which are true and correct to my
knowledge, the contents of the same may kindly be read as part and parcel of
present affidavit, which are not being reproduced herein for the sake of
brevity.
3.
That the marriage was solemnized between the deponent
and petitioner no.1 to the petition according to ________ according
to Hindu rites and ceremonies at Najafgarh road Delhi.
4.
That there is an irretrievable break down of the
marriage due to temperamental differences and matrimonial discords of the
deponent and petitioner no.1.
Accordingly, the parties to the petition have been living separately
since _________.
5.
That on ________, both the parties out
of their own efforts and efforts on the part of their respective parents and
relatives have settled their matter out of their free will and consent
voluntary without any kind of threats, force coercion, undue influence,
mis-representation from any corner whatsoever have settled all their matters on
or amongst the following terms and conditions:-
(i)
Conditions as per MOU
(ii)
X
(iii)
Xx
(iv)
Xxx
(v)
Xxx
6.
That the deponent and petitioner no.1 to present
petition shall bound with the Settlement/MOU Dated ___________ and on the basis
of said settlement, the deponent and the petitioner no.1 have filed the present
petition u/s 13 B(1) HMA.
7.
That now, the deponent and petitioner no.1 had signed
the joint statement and the present petition after understanding the contents
of the same in vernacular and voluntarily without pressure, threat or coercion.
That the deponent and petitioner no.1 shall be liable for the penal
consequences in case of breach.
8.
That there is no collusion between the deponent and
petitioner no.1 in institution the present petition.
9.
That there is no legal ground as to why the relief to
the deponent and petitioner no.1 could not be granted as prayed for.
10.
That the marriage was solemnised between the deponent
and petitioner no.1 to the present petition at Delhi, both the deponent and
petitioner no.1 last resided together in Delhi within the jurisdiction of this
Hon'ble Court hence this Hon'ble Court has jurisdiction to try and entertain
the present petition.
DEPONENT
V E R I F I
C A T I O N:
Verified at Delhi on the day of
____ day of XXX’ 20XX that the contents of the above affidavit are true and
correct and nothing has been concealed there from.
DEPONENT
