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Petition For Divorce By Mutual Consent Under Section 13 (b) Of The Hindu Marriage Act 1955

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Petition⇩ Download RTF Format

Petition for divorce by mutual consent u/s 13 (b) of the hindu marriage act 1955

IN THE COURT OF THE JUDGE, FAMILY COURT,

AT

Marriage Petition No. / 200_

1. Smt SVW )

age 40 years, occupation – service, )

resident of 900 Rajaram Peth, )

Mumbai 400030. } Petitioners

2. Shri VSW )

age 50 years, occupation – service, )

resident of 35 ……, Taluka ………, )

District …………. )

The petitioners abovenamed submit this petition, praying to state as follows:

1. That the petitioners were married to each other at Mumbai on…………….according to the Hindu religion, vaidic rites and ceremonies.

2. That the No. 1 of the petitioners, before the marriage, was known by her maiden name as Nee NGS, while there is no change caused in the name of the petitioner No. 2 of the petitioners.

3. That after the said marriage, the parties started living together at Mumbai and cohabited till the end June 2010. However, even during this period, the matrimony was not a matter of comfort and joy, and the petitioners say that they had then come to a tacit conclusion that they shall never be able to hit if off together anytime in the future.

4. That the relationship of the parties hereto during this time was always strain, and within a year's time, the parties realised and got convinced that they are so different from each other in their likings, habits, ideas, ideologies and feelings that their cohabitation and matrimony with joy and pleasure would be impossible, and the differences between the parties reached such a height that on , the No. 1 of the petitioners was required to leave the cohabitation, and since then the parties are living apart at the addresses hereinabove mentioned.

5. That the petitioners submit that they are convinced that conciliation between them is not possible, and the best course left to them is to terminate the matrimony at the earliest.

6. That the parties started living apart from June 2010. And since then, they have not resumed cohabitation, and hence, this petition.

7. That the cause of action for the present petition first arose on……when the cohabitation was terminated, and there is no undue delay involved in the filing of this petition.

8. That the petitioners do hereby declare and confirm that this petition preferred by them is not collusive

9. That the marriage was celebrated as well as the parties last resided together within the local jurisdiction of this court, and hence, this Hon'ble Court has jurisdiction to try and decide this petition.

10. That this petition being chargeable with a fixed rate of court fee, the same is paid herewith.

11.That the petitioners, therefore, pray that –

(a)This petition be allowed, and marriage between the petitioners be dissolved by a decree of divorce on the basis of their mutual consent;

(b) No orders be passed as to the costs or future maintenance, and

(c) Any other orders in the interest of justice be kindly passed.

Mumbai, Sd/- SVW

Dated : __.. Sd/- VSW

PETITIONERS * Sd/- xXx ADVOCATE/S FOR PETITIONER/S

VERIFICATION (of both the Petitioners)

We, Smt SVW and Shri VSW, the present petitioners, do hereby state on solemn affirmation that the contents of this petition in paras 1 to 11 are true and correct to the best of our knowledge and beliefs, and so we have signed hereunder.

Sd/- H Sd/- W PETITIONERS

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