Mutual Divorce Petition Sagar Shah

Advocate Name: H.P.
Mehta & Associates

Mobile Number: 7208639060
IN THE FAMILY COURT AT BANDRA, MUMBAI

M. J. Petition No. F/______of 2023
MR. SAGAR SHASHIKANT SHAH ) … Petitioner No.1

AND
MRS. MOHINI SAGAR SHAH )
nee MOHINI PRAFULBHAI MUJPARA ) …Petitioner No. 2

AND
Index
Sr. No. Particulars Page No.
1. Roznama A-B
2. Synopsis 2
3. Prayers 3
4. Petition
5. Affidavit of Petitioners in Support of Petition
6. List of Documents
7. Exhibit “A”
8. Exhibit “B”
9. Exhibit “C”
10. Memorandum of Address of Petitioners
11. Application for appointing Advocate
12. Vakalatnama
13. Court Fees

AND
SYNOPSIS
Petitioner No.1 Petitioner No. 2
Section of Mutual Consent u/s. 13- Mutual Consent u/s. 13-
Law B of the Hindu Marriage B of the Hindu Marriage
Act, 1955 Act, 1955
Name MR. SAGAR MRS. MOHINI
SHASHIKANT SHAH SAGAR SHAH
nee MOHINI
PRAFULBHAI
MUJPARA
Age 31 Years 31 Years
Occupation Service NIL
Mobile No. 7977751403 9220874769
Email Id roliyasagar2491@gmail. NIL
com
Status Married Married
(Married/Un
married)
Wife Maiden ----- MOHINI
Name PRAFULBHAI
MUJPARA
Religion Hindu Hindu
Domicile State of Maharashtra State of Maharashtra
Date of 24/04/2018 24/04/2018
Marriage
Place of Damodar Wadi, Plot no- Damodar Wadi, Plot no-
Marriage 5, Ashok Chakravati 5, Ashok Chakravati
Road, Kandivali (East), Road, Kandivali (East),
Mumbai-400101 Mumbai-400101.
Children from
wedlock -NO- -NO-
Separation 15/06/2021 15/06/2021
Date
Jurisdiction Marriage was Marriage was
solemnized at Damodar solemnized Damodar
Wadi, Plot no-5, Ashok Wadi, Plot no-5, Ashok
Chakravati Road, Chakravati Road,
Kandivali (East), Kandivali (East),
Mumbai-400101 Mumbai-400101
Petitioner No.1 Petitioner No. 2


AND
THE PETITIONERS THEREFORE PRAY: -
a) That the marriage solemnized between the Petitioners on

24/04/2018 be dissolved by a decree of divorce u/s. 13-B of the
Hindu Marriage Act, 1955.
b) Consent Terms executed by the Petitioners and marked as
Exhibit “C” herein shall form part of Decree.
c) Such other and further reliefs as this Hon’ble court may deem fit
and proper in the nature and circumstances of this case.
Dated this 31st day of July 2023 at Mumbai.
(Petitioner No. 1) (Petitioner No. 2)

IN IN THE FAMILY COURT AT BANDRA, MUMBAI
In the matter of Section 13-B of the

Hindu Marriage Act, 1955 and the
amendment thereto being the Marriage
Laws (Amendments act) 68 of 1976.
AND
In the matter of MR. SAGAR
SHASHIKANT SHAH and MRS.
MOHINI SAGAR SHAH nee
MOHINI PRAFULBHAI
MUJPARA.
MR. SAGAR SHASHIKANT SHAH )

Aged about 31 Years, Hindu, )
Occupation – Service )
R/at:-13 Rozi Colony 3, Khadwala lane, )
Malad (East), Mumbai-400097 )
Mobile No – 7977751403 )
Email – roliyasagar2491@gmail.com ) .... Petitioner No. 1
AND
nee MOHINI PRAFULBHAI MUJPARA )
aged about 31 Years, Hindu, )
Occupation – NIL )
R/at:-Room no 13, Thomas Chawl, )
Daftari Road,Malad (East), )
Mumbai- 400097 )
Mobile No – 9220874769 )
Email – NIL ) .... Petitioner No. 2
A PETITION FOR DIVORCE BY

MUTUAL CONSENT U/SEC. 13-B OF
HINDU MARRIAGE ACT, 1955
The Petitioners above named submits this Petition praying as follows;
1. That the Petitioners were married to each other at Damodar

Wadi, Plot no-5, Ashok Chakravati Road, Kandivali
(East), Mumbai-400101, on 24/04/2018 according to the
Hindu Vedic rites and customs/ceremonies. The said marriage
is not registered with the Registrar of Marriages. Hereto
annexed and marked Exhibit ‘A' is the Original Marriage
Certificate.
2. That the Petitioner No.1 before marriage was bachelor and

known as MR. SAGAR SHASHIKANT SHAH domiciled in
the State of Maharashtra and Petitioner No.2 was spinster and
known as MISS. MOHINI PRAFULBHAI MUJPARA
domiciled in the state of Maharashtra.
3. That the Petitioners are Hindu by religion and does not belong
to Schedule Tribe Hence Sec. 2 (2) of the Hindu Marriage Act
is not Applicable to them. Hereto annexed and marked
Exhibit ‘B’ (colly) are the photo ID proofs of the Petitioners.
4. After the said marriage both the Petitioners stayed and

consummated and they resided at the residence of Petitioner
No.1 at 13 Rozi Colony 3, Khadwala lane, Malad (East),
Mumbai-400097, Maharashtra.
5. There is no issue born out of the said wedlock.
6. The Petitioners state that due to their respective modes of life,

temperaments, ideas there arose disputes and differences
between them, and they could not stay together. The
Petitioners state that particularly from 15/06/2021, the
Petitioners are living separately from each other and there has
been no relationship of whatsoever nature between the
Petitioners as husband and wife for more than one year.
7. The Petitioners further say and submit that, all the attempts on
the part of relatives, family, friends and/or well-wishers of the
Petitioners in bringing about a settlement in between the
Petitioners and living a happy married life for the Petitioners
was virtually impossible. Thus, the matter reached to a point
of no return and the Petitioners came to the conclusion that
continuing with matrimonial bond any further will not be in
the interest of either and an exercise thereof will be in futility.
Thus, the Petitioners have decided to file the present Petition
for decree of divorce by mutual consent in as much as the
Petitioners are not in a position to get alongwith each other
because of total lack of compatibility in between the
Petitioners.
8. The Petitioners states that, they have not filed any other Petition
in any court or the courts in India. No Petition is pending in
between the Petitioners in any Court of law with regards to the
same subject matter.
9. The Petitioners hereby declare and confirm that this Petition

preferred by them is not collusive.
10. The Petitioners further state that their respective consent has
not been obtained by force, fraud, coercion, undue influence
misrepresentation etc. by one party upon the other. The said
consent has been given out of mere desire of the parties hereto
to obtain divorce and to live a free and separate life.
11. The Petitioners state that, there is no collusion or connivance

between the Petitioners.
12. The Petitioners submit that, that they have already exchanged
their respective ornaments, articles, things, and belongings in
the presence of their respective parents and witnesses. The
Petitioners further submit that now there are no claims of
whatsoever nature pending against each other in respects of
their ornaments, articles, things, and belongings or any their
financial affairs.
13. The Petitioners state that, their marriage was solemnized at

Damodar Wadi, Plot no-5, Ashok Chakravati Road,
Kandivali (East), Mumbai-400101 and hence this Hon’ble
Court has jurisdiction to try and entertain present petition.
14. The Petitioner have executed consent term for taking Divorce,
the copy whereof is attached herewith and marked as Exhibit
‘C’ to this Petition.
15. The Petitioners state that, they have affixed court fees of Rs.
100/= to this Petition.
16. The Petitioners will rely upon the documents, a list of which is
annexed herewith.
17. The Petitioners pray that,

a. This Hon’ble court be pleased to dissolve the marriage
between the Petitioners, solemnized on 24/04/2018 by
the decree of divorce by mutual consent under section
13-B of the Hindu Marriage Act, 1955.
b. Consent Terms executed by the Petitioners and marked
as “Exhibit ‘C’ herein shall form part of Decree.
c. Such other and further reliefs as this Hon’ble court may
deem fit and proper in the nature and circumstances of
this case.
Solemnly Declared at Mumbai )
On this ____th day of July 2023 )
Petitioner No.1 Petitioner No.2
Advocate for petitioners

VERIFICATION
I MR. SAGAR SHASHIKANT SHAH, aged about 31 years,

Hindu, Occupation – Service, at 13 Rozi Colony 3, Khadwalalane,
Malad(East), Mumbai-400097, Maharashtra. The Petitioner No.1 does
hereby solemnly declare that what is stated in the foregoing
paragraphs of the Petition is true to best of my own knowledge and
belief save and except for the legal submission.
Solemnly Declared at Mumbai
On this _____ day of July 2023
Signature of the Petitioner No.1
Identified by me
Advocate for Petitioner No.1 Before me

VERIFICATION
I MRS. MOHINI SAGAR SHAH NEE MOHINI

PRAFULBHAI MUJPARA, aged about 31 years, Hindu,
Occupation – Nil, having Address at Room no 13, Thomas Chawl,
Daftari Road, Malad (East), Mumbai- 400097 Petitioner No.2 does
Identified by me


AND
CONSENT TERMS
Both the Petitioners above named have agreed to take Divorce by
mutual consent by filing Petition u/s. 13-B of the Hindu Marriage Act,
1955, on the following terms and conditions.
1. Agreed, declared and confirmed by the Petitioners that they got

married on Damodar Wadi, Plot no-5, Ashok Chakravati
Road, Kandivali (East), Mumbai-400101. The said marriage is
registered with the Registrar of Marriages.
2. Agreed, declared and confirmed by the Petitioners that after the

said marriage both the Petitioners stayed and said marriage
was consummated and resided at the residence of Petitioner
No.1 at 13 Rozi Colony 3, Khadwalalane, Malad(East),
Mumbai-400097, Maharashtra..
3. There is no issue born out the said wedlock.
4. Agreed, declared and confirmed by the Petitioners that due to

their respective modes of life, temperaments, ideas and ideals
there arose disputes and differences between them and they
could not stay together. The Petitioners started residing
separately since 15/06/2021 and since then there has been no
relation between them as husband and wife.
5. The Petitioners state that it is not possible for them to stay

together and for reunion between them and therefore the
Petitioners have decided that the said marriage of Petitioners
should be dissolved by mutual consent under u/s. 13-B of the
Hindu Marriage Act, 1955.
6. Agreed, declared and confirmed by the Petitioners that they

have already exchanged their respective ornaments, articles,
things and belonging in the presence of their respective
parents and witnesses. The Petitioners further submit that now
there are no claims of whatsoever nature pending against each
other in respects of their ornaments, articles, things and
belongings.
7. Agreed, declared and confirmed by the Petitioner No. 2 that in

lieu of her legal right of receiving maintenance, permanent
maintenance and alimony from Petitioner No. 1 being her
legally wedded husband, the Petitioner No. 1 shall pay a one-
time lumpsum amount of Rs. 5,00,000/- (Rupees Five Lakh
only) to Petitioner No. 2 towards full and final settlement of
said maintenance, permanent maintenance, alimony and all
other dues via Demand Draft/Pay Order in the name of
Petitioner No. 2 at the time of Decree of Divorce passed by
this Hon’ble Court. On or after receipt of above amount
Petitioner No. 2 shall have no further claim with respect to
maintenance, permanent maintenance, alimony and any / all
other dues whether past, present or future claims against the
Petitioner No.1 and undertakes to not make same in the future.
8. It is also agreed, declared and confirmed between the parties

hereto that after grant of decree of divorce, they shall not have
any claim and/or demand of any nature whatsoever (monetary,
share in property, estate, right to affairs or otherwise) against
each other or against family members of each other in respect
of and/or arising out of the said marriage otherwise.
9. Agreed and declared that both the Petitioner no.1 and 2

undertake that henceforth they will not interfere in each
other’s lives or cause any type of nuisance of whatsoever
nature.
10. Except above there is no past present or future claim of

whatsoever in nature against each other.
Dated this ____ day of July 2023
MR. SAGAR SHASHIKANT SHAH

Petitioner No. 1
MRS. MOHINI SAGAR SHAH

nee MOHINI PRAFULBHAI MUJPARA
Petitioner No. 2

AND
LIST OF DOCUMENTS
Sr. No. Particulars

1. Original Marriage Certificate
Exhibit ‘A'
2. Copy of ID proofs of the Petitioners
Exhibit ‘B’(Colly)
3. Consent Terms
Exhibit ‘C’
Place – Bandra
Date – 31/07/2023
(Petitioner No. 1)
(Petitioner No. 2)
Advocate for Petitioners

AND
MEMORANDUM OF ADDRESSES OF PETITIONERS

Petitioner No. 1
--------------------
R/at:-13 Rozi Colony 3, Khadwala lane,
Malad (East), Mumbai-400097
--------------------------------------
Signature of Petitioner No. 1
Petitioner No. 2
--------------------
R/at:-Room no 13, Thomas Chawl, Daftari Road,
Malad (East), Mumbai- 400097.
----------------------------------
Signature of Petitioner No. 2

AND
APPLICATION FOR APPOINTING

ADVOCATE IN THE ABOVE
MATTER
-----------------------------------------------------
MAY IT PLEASE YOUR HONOUR: -
We, the Petitioners above named most humbly and respectfully

beg to submit as under: -
We say that, we will not be able to plead our case as we do not
have the legal knowledge. It is therefore necessary for us to take the
assistance of an Advocate.
We therefore pray that we may be permitted to appoint Mr.
Hiren Mehta, Miss Bhavini Gudhka, Mr. Hitesh Surana for H.P.
Mehta & Associates to appear and plead on our behalf in the above
matter. And for this act of kindness, we shall ever pray.
On this ______th day of July 2023 at Mumbai
(Petitioner No. 1) (Petitioner No. 2)

MR. SAGAR SHASHIKANT SHAH )…Petitioner No.1

AND
VAKALATNAMA
We, the Petitioners above named hereby appoint Mr. Hiren
Mehta, Miss Bhavini Gudhka, Mr. Hitesh Surana for H.P. Mehta &
Associates Advocates High Court, Mumbai, to act, appear and plead
on behalf of us in the above matter.
IN WITNESS WHEREOF we have set our hands to this
writing.
This _____th day of July 2023 at Mumbai.
(Petitioner No.1)
(Petitioner No.2)
H.P.MEHTA & ASSOCIATES

ADV. HIREN MEHTA/ADV. BHAVINI GUDHKA
/ADV. HITESH SURANA
Registration No. MAH/2635/2013
Advocate High Court
Shop No. 3, Sai Prem Apartment, 60 feet Road
Bhayander (west), Dist. Thane
Mob. : 7208639060.
Email- mehtahiren4@gmail.com
***************************************
IN THE FAMILY COURT AT BANDRA,
MUMBAI
***************************************
M. J. Petition No. F/______ of 2023

Petitioner No.1
AND
Petitioner No. 2
***************************************
PETITION FOR DIVORCE U/S. 13-B
OF HINDU MARRIAGE ACT, 1955.
***************************************
Dated _____ day of _____ 2023
H.P.MEHTA & ASSOCIATES

ADV. HIREN MEHTA
High Court registration No. I10006
Advocate High Court
Shop No. 3, Sai Prem Apartment, 60 feet Road
Bhayander (west), Dist. Thane
Mob. : 7208639060.
Email- mehtahiren4@gmail.com

AND
AFFIDAVIT OF PETITIONER No. 1 IN

SUPPORT OF PETITION
----------------------------------------------

------------------------------------------------
I, MR. SAGAR SHASHIKANT SHAH, aged about 31 years,

Malad(East), Mumbai-400097, Maharashtra, the Petitioner No.1, do
hereby state on solemn affirmation as under: -
1) I say that, I got married to Petitioner No. 2 on 24/04/2018 as
per the Hindu Vedic Rites and Customs at Damodar Wadi,
Plot no-5, Ashok Chakravati Road, Kandivali (East),
Mumbai-400101,The said marriage is not registered with the
Registrar of Marriages.
2) I say that, after the said marriage Petitioner No. 2 stayed with
me at my residence at 13 Rozi Colony 3, Khadwalalane,
Malad(East), Mumbai-400097
3) There is no issue born out the said wedlock.
4) I say that due to our respective modes of life, temperaments,
ideas and ideals there arose disputes and differences between
us and due to incompatibility between us we could not stay
together and since 15/06/2021, we are living separately from
each other and there has been no relationship of whatsoever
nature between us as husband and wife.
5) I say that, efforts were made for reconciliation between us but
the same were failed and it is not possible for us to stay
together as husband and wife and for re-union between us and
therefore we decided to get our marriage dissolved by mutual
consent u/s. 13-B of Hindu Marriage Act, 1955.
6) I say that, we have accordingly filed this Petition for Divorce
by mutual consent under U/s 13-B of Hindu Marriage Act-
1955.
7) I say that, whatever stated in foregoing paragraphs of Affidavit
is true and correct to the best of my knowledge and belief and
I file this Affidavit in support of aforesaid Petition.
(Petitioner No.1)
Identified by me
Before me
Advocate for Petitioner No.1
VERIFICATION
I MR. SAGAR SHASHIKANT SHAH, aged about 31 years,

Malad(East), Mumbai-400097, Maharashtra. The Petitioner No.1 does
Identified by me


AND
AFFIDAVIT OF PETITIONER No. 2 IN

SUPPORT OF PETITION

I, MRS. MOHINI SAGAR SHAH nee MOHINI
Daftari Road,) Malad (East), Mumbai- 400097, the Petitioner No. 2,
do hereby state on solemn affirmation as under: -
1) I say that, I got married to Petitioner No. 1 on 24/04/2018 as
per the Hindu Vedic Rites and Customs Damodar Wadi, Plot
no-5, Ashok Chakravati Road, Kandivali (East), Mumbai-
400101,. The said marriage is registered with the Registrar of
Marriages.
2) I say that, I and Petitioner No. 1 after the said marriage stayed
at the residence of Petitioner No.1 at 13 Rozi Colony 3,
Khadwalalane, Malad(East), Mumbai-400097
3) There is no issue born out the said wedlock.
4) I say that, due to our respective modes of life, temperaments,
ideas and ideals there arose disputes and differences between
us and due to incompatibility between us we could not stay
together and since 15/06/2021 we are living separately from
each other and there has been no relationship of whatsoever
nature between us as husband and wife.
5) I say that, efforts were made for reconciliation between us but
the same were failed and it is not possible for us to stay
together as husband and wife and for re-union between us and
therefore we decided to get our marriage dissolved by mutual
consent u/s. 13-B of Hindu Marriage Act, 1955.
6) I say that, I have accordingly filed this Petition for Divorce by
mutual consent u/s. 13-B of the Hindu Marriage Act, 1955.
7) I say that, whatever stated in foregoing paragraphs of Affidavit
is true and correct to the best of my knowledge and belief and
I file this Affidavit in support of aforesaid Petition.
(Petitioner No.2)
Identified by me
Advocate for Petitioner No. 2 Before me

VERIFICATION
I MRS. MOHINI SAGAR SHAH NEE MOHINI

Daftari Road, Malad (East), Mumbai- 400097 Petitioner No.2 does
Identified by me

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Advocate Name: H.P.

Mehta & Associates

IN THE FAMILY COURT AT BANDRA, MUMBAI

MR. SAGAR SHASHIKANT SHAH ) … Petitioner No.1

MR. SAGAR SHASHIKANT SHAH ) … Petitioner No.1

MR. SAGAR SHASHIKANT SHAH ) … Petitioner No.1

Petitioner No.1 Petitioner No. 2

MR. SAGAR SHASHIKANT SHAH ) … Petitioner No.1

THE PETITIONERS THEREFORE PRAY: -

a) That the marriage solemnized between the Petitioners on

Dated this 31st day of July 2023 at Mumbai.

(Petitioner No. 1) (Petitioner No. 2)

In the matter of Section 13-B of the

MR. SAGAR SHASHIKANT SHAH )

A PETITION FOR DIVORCE BY

1. That the Petitioners were married to each other at Damodar

2. That the Petitioner No.1 before marriage was bachelor and

4. After the said marriage both the Petitioners stayed and

5. There is no issue born out of the said wedlock.

6. The Petitioners state that due to their respective modes of life,

9. The Petitioners hereby declare and confirm that this Petition

11. The Petitioners state that, there is no collusion or connivance

13. The Petitioners state that, their marriage was solemnized at

17. The Petitioners pray that,

Solemnly Declared at Mumbai )

On this ____th day of July 2023 )

Petitioner No.1 Petitioner No.2

Advocate for petitioners

I MR. SAGAR SHASHIKANT SHAH, aged about 31 years,

On this _____ day of July 2023

Signature of the Petitioner No.1

Advocate for Petitioner No.1 Before me

I MRS. MOHINI SAGAR SHAH NEE MOHINI

On this _____ day of July 2023

Signature of the Petitioner No.2

Advocate for Petitioner No.2 Before me

M. J. Petition No. F/______of 2023

MR. SAGAR SHASHIKANT SHAH ) … Petitioner No.1

1. Agreed, declared and confirmed by the Petitioners that they got

2. Agreed, declared and confirmed by the Petitioners that after the

3. There is no issue born out the said wedlock.

4. Agreed, declared and confirmed by the Petitioners that due to

5. The Petitioners state that it is not possible for them to stay

6. Agreed, declared and confirmed by the Petitioners that they

7. Agreed, declared and confirmed by the Petitioner No. 2 that in

8. It is also agreed, declared and confirmed between the parties

9. Agreed and declared that both the Petitioner no.1 and 2

10. Except above there is no past present or future claim of

Dated this ____ day of July 2023

MR. SAGAR SHASHIKANT SHAH

MRS. MOHINI SAGAR SHAH

MR. SAGAR SHASHIKANT SHAH ) … Petitioner No.1

Sr. No. Particulars

MR. SAGAR SHASHIKANT SHAH ) … Petitioner No.1

MEMORANDUM OF ADDRESSES OF PETITIONERS

M. J. Petition No. F/______of 2023

MR. SAGAR SHASHIKANT SHAH ) … Petitioner No.1

APPLICATION FOR APPOINTING

MAY IT PLEASE YOUR HONOUR: -