Petition under section 13 b of hindu marriage act

Here I will discuss about the modal draft of petition under section 13 (B) of Hindu Marriage act for dissolution of marriage by mutual consent filed from the side of Husband against wife.

In the court of Shri _________, Family Court

Ravi Kumar son of Shri ________________.           .…Petitioner No.1

                                        AND

Smt. Shakshi wife of Ravi Kumar __________.        …..Petitioner No.2

Petition Under Section 13-B of the Hindu Marriage Act, 1955 for Dissolution of Marriage by Mutual Consent as Amended upto date

Respectfully Showeth :-

1- That the petitioner No.1 was married with the petitioner No. 2 on _______ at _________ according to Hindu rites and ceremonies in the presence of relatives, friends and family members of both parties and plethora of persons of the society. Affidavit of the petitioner is enclosed herewith. The said marriage was love marriage cum arrange marriage quite simple and dowry less marriage and no dowry articles were exchanged by either party to other party.

2- That after the marriage both the petitioners lived together and cohabited with each other as husband and wife at the residence of the petitioner No.1. However out of said wedlock no child was born.

3- That since the very beginning of the marriage, due to the temperamental differences and due to the different natures and thoughts, the petitioners could not adjust themselves with each other and it became quite impossible for the petitioners to live as husband and wife under one and the same roof, therefore, petitioner No.2 left the company of the petitioner No.1 on _________ and she started residing at her parental house. Since then the petitioners have been residing separately from each other. The petitioners have neither lived together and they have not cohabited with each other nor the petitioners have visited or stayed with each other.

4- That various efforts were made by the parents of both the parties to re-conciliate the matter by convening several Panchayats but all the efforts of reconciliation were failed. Therefore, the petitioners have decided to dissolve their marriage by way of filing of Petition Under Section 13-B of the Hindu Marriage Act for dissolution of the marriage by mutual consent.

5- That the petitioner No.1 has returned entire dowry articles, Istridhan, ornaments and jewelliaries etc. to the petitioner No.2. The petitioner No.1 has also paid full and final payment of the permanent alimony and maintenance etc. for the past, present and future to the petitioner No.2. Now nothing is payable by the petitioner No.1 to the petitioner No.2. The petitioner No.2 will never claim for any amount of maintenance or permanent alimony etc. from the petitioner No.1 in future nor the petitioner No.2 will file any case against the petitioner No.1 in future.

6- That the petitioner No.1 had filed a petition Under section 9 of the H.M. Act against the petitioner No.2 which is pending before this Hon’ble court which is now fixed for ________ and the petitioner No.1 will withdraw the said petition from this Hon’ble court.

7- That the consents of the petitioners to institute the present petition has not been obtained by force, fraud, pressure or coercion and undue influence rather it is their free will and consent of the petitioners to get their marriage dissolved by mutual consent as they have been continuously living separately since ________.

8- That the parties to the marriage are Hindus by religion.

9- That there is no improper and unnecessary delay in filing the present petition.

10- That the present petition has not been filed by the petitioners in collusion with each other.

11- That there is no legal grounds or impediments as to why the relief sought for should not be granted to the parties.

12- That the petitioners are residing at ___ and the entire cause of action to file the present petition also accrued at ____ within the territorial jurisdiction of this Hon’ble court. Hence this Hon’ble court has got the jurisdiction to entertain and decide the present petition.

13- That the requisite court fee has been affixed on the body of the petition.

PRAYER:

                      It is therefore, prayed that in the interest of justice the present petition of the petitioners may kindly be accepted and the marriage of the petitioners may kindly be dissolved by way of passing a Decree of Divorce Under Section 13-B of the Hindu Marriage Act, 1955 by mutual consent as amended up to date in the interest of justice.

                                                                                                            Petitioner No.1

Through counsel

                                                                                                               Petitioner No.2


Through counsel :


Verification:Verified that the contents of Paras No.1 to 13 of the petition are true and correct to the best of our knowledge and Paras No.14 & 15 of the petition are true to best of our belief and on the information received. The last Para is the prayer before this Hon’ble court. Verified at _______

                                                                                                        Petitioner No.1

                                                                                                        Petitioner No.2


(Affidavit in support of Petition)

In the court of________________, Family Court

Ravi Kumar       Vs.            Smt. Shakshi

Petition Under Section 13-B of the Hindu Marriage Act, 1955 for Dissolution of Marriage by Mutual Consent as Amended upto date

                                                            AFFIDAVIT.

I, Ravi Kumar son of Shri ______________ do hereby solemnly affirm and declare as under:-

1- That the deponent is the petitioner No.1 in the accompany petition and he is well conversant with the facts and circumstances of the case as such he is fully competent to swear this affidavit.

2- That the accompanying petition under section 13-B of the Hindu marriage Act for Divorce with mutual consent has been drafted by my counsel under my instructions and the contents thereof have also been explained to me which are true and correct to the best of my knowledge and the same may be read as a part and parcel of this affidavit as the same are not being repeated here for the sake of brevity.

3- That the deponent has returned entire dowry articles, Istridhan, ornaments and jewelliaries etc. to the petitioner No.2. The deponent has also paid full and final payment of the permanent alimony and maintenance etc. for the past, present and future to the petitioner No.2. Now nothing is payable by the deponent to the petitioner No.2. The petitioner No.2 will never claim for any amount of maintenance or permanent alimony etc. from deponent in future nor the petitioner No.2 will file any case against the deponent in future.

                                                                                                                        Deponent

VERIFICATION:Verified that the contents of my above affidavit are true to best of my knowledge and belief and nothing has been concealed therein. Verified at

                                                                                                                        Deponent.



(Affidavit in support of Petition)

In the court of________________, Family Court

Ravi Kumar  v            Vs.                 Smt. Shakshi


Petition Under Section 13-B of the Hindu Marriage Act, 1955 for Dissolution of Marriage by Mutual Consent as Amended upto date


                                                    AFFIDAVIT

I, Smt. Sakshi _____________do hereby solemnly affirm and declare as under:-

1- That the deponent is the petitioner No.2 in the accompany petition and she is well conversant with the facts and circumstances of the case as such she is fully competent to swear this affidavit.

2- That the accompanying petition under section 13-B of the Hindu marriage Act for Divorce with mutual consent has been drafted by my counsel under my instructions and the contents thereof have also been explained to me which are true and correct to the best of my knowledge and the same may be read as a part and parcel of this affidavit as the same are not being repeated here for the sake of brevity.

3- That the petitioner No.1 has returned entire dowry articles, Istridhan, ornaments and jewelliaries etc. to the deponent. The petitioner No.1 has also paid full and final payment of the permanent alimony and maintenance etc. for the past, present and future to the deponent. Now nothing is payable by the petitioner No.1 to the deponent. The deponent will never claim for any amount of maintenance or permanent alimony etc. from the petitioner No.1 in future nor the deponent will file any case against the petitioner No.1 in future.

                                                                                                                                                                                                                                                                                    Deponent

VERIFICATION:Verified that the contents of my above affidavit are true to best of my knowledge and belief and nothing has been concealed therein. Verified at __________

                                                                                                                                Deponent.