APPLICATION UNDER SECTION 151 CPC FOR WAIVING OFF, CONDONING PERIOD OF SIX MONTHS FOR MOVING SECOND MOTION UNDER SECTION 13-B(2) OF HINDU MARRIAGE ACT
IN THE COURT OF………………..
In Re: H. M. A. Case No……………….. 7200
In the Matter of:
AB (add description and address)……… Petitioner No. 1
And
CD (add description and address)……………….. Petitioner No. 2
APPLICATION UNDER SECTION 151 C. P. C. FOR WAIVING OFF/ CONDONING THE PERIOD OF SIX MONTHS FOR MOVING THE SECOND MOTION UNDER SECTION 13-B(2) OF THE HINDU MARRIAGE ACT AS AMENDED UP TO DATE.
Most Respectfully Showeth: –
1. That the petitioners have filed a petition under section 13-B(1) of the Hindu Marriage Act as amended uptodate.
2. That the earlier petition filed by the petitioner No. 1 under section 13(l)(ia) of the said Act was filed on……………………… which has been now converted and amended with the permission of the Hon’ble Court into a petition under section 13(B)(1) of the Hindu Marriage Act.
3. That after……………………… both the petitioners have been residing separately and there are no chances of re-conciliation or re-joining by them in future.
4. That in view of the facts and circumstances that there are no chances of reconciliation and that the parties have not consumated since……………….. no useful purpose will be served for waiting for another period of six months for the purposes of passing of a final decree of divorce by mutual consent dissolving their marriage.
In view of the facts and circumstances stated hereinabove it is, therefore most respectfully prayed that in the interest of justice and expediency, the period of six months as required under law for filing the second motion under section 13-B(2) of the Hindu Marriage Act be waived off and condoned.
It is prayed accordingly.
Petitioner No. 1
Petitioner No. 2
Through
Advocate
Place:………………..
Dated:………………..
AFFIDAVIT IN SUPPORT OF APPLICATION
IN THE COURT OF………………………………..
In Re: H. M. A. Case No…………………………
In the Matter of: –
AB (add description and address)……. Petitioner No. 1
And
CD (add description and address)……… Petitioner No. 2
AFFIDAVIT
I,……………………………………….. wife of…………………………….. resident of ……………………………………………………… do hereby solemnly affirm and declare as under: –
1. That I am petitioner No. 1 in the above noted case and am well conversant with the facts and circumstances of the case.
2. That the contents of accompanying application under section 151 C. P. C. for waiving/condoning the period of six months for filing the second motion petition, which have been drafted by my counsel under my instructions, the contents of which may be read as part and parcel of this affidavit and are not being reproduced herein for the sake of brevity.
Deponent
VERIFICATION
Verified at……………….. on this……………….. day of……………….. that the contents of my above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.
Deponent
AFFIDAVIT IN SUPPORT OF APPLICATION
IN THE COURT OF………………………………….
In Re: H. M. A. Petition No………………… /200
In the Matter of
AB………………………………………………. Petitioner No. 1
And
CD………………………………………………. Petitioner No. 2
AFFIDAVIT
I,……………………………………… Son of Shri…………………………………………. Resident of………………………………………………………… do hereby solemnly affirm and declare as under: –
1. That I am petitioner No. 2 in the above noted case and am well conversant with the facts and circumstances of the case.
2. That the contents of accompanying application under section 151 C. P. C. for waiving/condoning the time of six months for filing the second motion petition for divorce by mutual consent, have been drafted by my counsel under my instructions, the contents of which may be read as part and parcel of this affidavit and are not being reproduced herein for the sake of brevity.
Deponent
VERIFICATION
Verified at……………….. on this…………………………………………………… that the contents of my above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.
Deponent