BEFORE THE HON’BLE _____ FAMILY COURT AT BANDRA AT MUMBAI

PETITION NO. ________ OF 2014

In the matter of the Hindu Marriage Act, 1955

And

In the matter of Section 13 (B) of the Hindu

Marriage Act, 1955.

And

In the matter of marriage between Mrs. XYZ

and Shri. PQR solemnized at Santacruz (West),
Mumbai on 20-04-1995.

Mrs. XYZ )

Aged ___ years, Occ.: Service )

An adult Indian inhabitant )

Residing at: _________, )

Mumbai ) . . . Petitioner No. 1

Versus

Shri. PQR )

Aged __ years, Occ.: Business )

An adult Indian inhabitant )

Having address at ____________ )

Mumbai- ) . . . Petitioner No. 2

PETITION U/S. 13 (B) OF THE HINDU MARRIAGE

ACT, 1955 FOR DIVORCE BY MUTUAL CONSENT.

To,
The Hon’ble Principal
Judge and Other Puisine Judges of
The Family Court,
Bandra, Mumbai.

THE HON’BLE PETITION OF THE PETITIONERS ABOVE NAMED:

MOST RESPECTFULLY SHEWETH:

1. The Petitioner No. 1 then a spinster was 26 years old and the Petitioner No.

2 then a bachelor was 28 years old married on 24/02/2011 at __________,

Mumbai according to Hindu Vedic Rites and Ceremonies in the presence of

their respective parents and family friends, relatives and the said marriage

is duly registered with the Registrar of Marriages. Hereto annexed and

marked as “Exhibit A” is the copy of the wedding invitation card of the

Petitioners, “Exhibit B” is the joint wedding photographs of the Petitioner

No. 1 and Petitioner No. 2 and “Exhibit C” is the copy of marriage

certificate. The said marriage is an arranged marriage.

2. There is no issue out of said wedlock.

3. The Petitioner No. 1 and Petitioner No. 2 were residing together at the

matrimonial home at the address as mentioned in the cause title of the

Petitioner No. 2. At matrimonial home the Petitioner No. 1 was residing with

the Petitioner No. 2 along with her mother-in-law and brother-in-law.

4. Since the date of marriage there was and/or is no physical relation existed

between the Petitioner No. 1 and Petitioner No. 2, which clearly establishes

that the marriage was not consummated.

5. That on or about October-November 2011 the disputes and differences

arose between the Petitioner No. 1 and Petitioner No. 2 and the said dispute

went to such an extent that the Petitioner No. 1 since December 2012 is

residing along with her parents.

6. That during the course of said dispute between the Petitioner No. 1 and

Petitioner No. 2 resultantly Petitioner No. 1 approached the court of law i.e.

Hon’ble Family Court and thereby filed the proceedings for divorce against

the Petitioner No. 2 under section 13 (1) (ia) r/w Section 25 of the Hindu

Marriage Act, 1955. The said petition was numbered as Petition bearing No.

A-___________.

7. It is during the course of time when the said divorce proceedings was listed

before the Lok Adalat on 12/04/2013 both the Petitioners have decided to

get separated from each other thereby under the provisions of the divorce by

mutual consent and accordingly on 12/04/2013 the consent terms came to

be finalized before the said Lok Adalat in which the terms and conditions

were laid down. Hereto annexed and marked as “Exhibit D” is the copy of

said consent terms dated ________. As per the said consent terms the

Petitioner No. 1 has agreed to accept and amount of Rs. __________/- (Rs.

__________ Only) as and by way of full and final settlement. Also, it was

further agreed that the aforementioned amount is the full and final

settlement and both the Petitioners shall not have any claims in future of

whatsoever nature against each other. Further, as per the consent terms,

both the parties have decided to withdraw the allegations made against each

other thereby arriving at amicable settlement before the Lok Adalat. That

there are no chances of coming together of both the Petitioners in order to

lead the happy married life and therefore both the Petitioners have decided

that the marriage should be mutually dissolved. The Petitioners in order to

mutually dissolve this marriage by mutual consent are filing present

Petition for divorce.

8. That there is a total breakdown of matrimonial relationship between

Petitioner No. 1 and Petitioner No. 2. That both the Petitioners decided to
 stay separately and are staying separately from each other since December

2012 and are till date residing separately from each other.

9. That the Petitioners in order to mutually dissolve the marriage by mutual

consent are filing the present petition under section 13 (B) of the Hindu

Marriage Act, 1955, for divorce by mutual consent.

10. That both the Petitioners have realized that there is no possibility of

cohabitation and as such have decided to dissolve the marriage by mutual

consent.

11. That both the Petitioners have no claim against each other.

12. That the Petitioner No. 1 has received all her articles including her

stridhan and other gold jewelleries. After the receipt of the articles as

mentioned in the consent terms the Petitioner No. 1 shall have no claims,

past, present or future against Petitioner no. 2 and his family members for

the same.

13. That the Petitioner No. 1 has agreed to accept the amount of Rs.

____________/- towards the full and final maintenance for herself. After the

payment of the amount of Rs. _____________/- the Petitioner No. 1 shall not

have any claim past, present and future against Petitioner No. 2 and his

family members/relatives.

14. That the Petitioner No. 1 shall not have any claim against the Petitioner

No. 2 and / or his family members towards any movable and/ or immovable

property.
15. In view of the aforesaid and after the passing of decree of divorce, the

Petitioner No. 1 is not claiming any residential accommodation from the

Petitioner No. 2.

16. That the Petitioner No.1 & Petitioner No.2 shall have no claims against

each other whatsoever for past, present and future or any other claims of

whatsoever of any nature against each other, on getting decree of divorce.

17. The Petitioners states that there exist differences of opinions by and

between them which are still irreconcilable.

18. The Petitioners state that there exists a difference of opinions, between

Petitioners, on every issue of day to day life which makes it abundantly clear

that there is no possibility of saving the said marriage despite all efforts

from both the sides.

19. The Petitioners states that there is no collusion and connivance between

them in filing this Petition.

20. Both the Petitioners states that there is no undue influence, coercion,

fraud on their part of either of the parties and the present Petition is filed

out of their own free will.

21. That the marriage between the Petitioners was performed within the

territorial jurisdiction of this Hon’ble Court and hence this Hon’ble Court

has the jurisdiction to try and entertain the present Petition.

22. The Petitioners have affixed the Court Fees of Rs._________/-.

23. The Petitioners therefore pray as under:-

a) That this Hon`ble Court be pleased to dissolve by mutual consent

the said marriage between the Petitioners, solemnized on

 ___________ at ______________, Mumbai by a Decree of divorce

under Section 13 (B) of the Hindu Marriage Act, 1955.

b) Such other and further reliefs as the nature and circumstances of

the case may merit/require and this Hon’ble Court may deem fit

and proper.

Mumbai. Petitioner No. 1

Date : Petitioner No. 2

Advocate for Petitioners