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