IN THE COURT OF PRINCIPAL JUDGE; FAMILY COURTS, TIS HAZARI COURTS, DELHI.

MISC. APPLICATION NO. ______ OF 20**.

IN

PETITION NO. ______ OF 20**.

IN THE MATTER OF :-

XXXXX                                                      : PETITIONER NO.1

VERSUS

XXXXX                                                      : PETITIONER NO.2

APPLICATION ON BEHALF OF THE APPLICANT / PETITIONER NO.1 FOR RESTORATION OF PETITION UNDER SECTION 13(B)(2) OF H.M. ACT, FILED BY THE PETITIONER NO.1 AND PETITIONER NO.2 FOR GRANT OF MUTUAL DIVORCE WHICH WAS DISMISSED ON 12.02.2016 DUE TO NON APPEARANCE OF PETITIONER NO.2 NAMELY XXXXX.

MOST RESPECTFULLY SHOWETH;-

1.       That the applicant / petitioner no.1 submits that the first motion was recorded on the basis of the statement of parties dated 24.03.2015 and first motion was allowed.

2.       That the petitioner no.1 as well as the petitioner no.2 moved the second motion petition on 06.01.2016 which duly signed and attested by the both the petitioner no.1 and petitioner no.2.

3.       That on 08.01.2016 matter was listed before the Ld. Principal Judge; Family Court for recording of the statement of both the parties, but the petitioner no.2 turned out appear before the Hon’ble Court and due to his non appearance the matter was adjourned for 12.02.2016 for recording of the statement of both the parties in order to allow decree of divorce.

4.       That on 12.02.2016 again the petitioner no.2 did not appear before the Hon’ble Court Principal Judge and due to this the Hon’ble Court rejected the submissions of the petitioner no.1 for allowing the divorce in the absence of recording of the statement by the both the parties mutually as the petition was filed on the basis of mutual consent divorce.

5.       That by moving the present application by the petitioner no.1, the petitioner no.1 prays before this Hon’ble Court that as the matter was settled mutually between the parties and on the basis of that the first motion was allowed and according to the settlement the petitioner no.2 was obliged to pay an amount of Rs.10 Lacs to the petitioner no.1 as a permanent alimony for her past, present and future, but the petitioner no.2 did not appeared before the Hon’ble Court at the time of recording of second motion statement.

6.       That it is submitted the petitioner no.2 deliberately is not appearing before the Court as he doesn’t to pay the alimony amount to the petitioner no.1 and by taking the first motion. The respondent cheated the petitioner no.1 in order to create the pressure as the petitioner no.2 wants the divorce without paying the alimony amount to the petitioner no.1.

7.       That the petitioner no.1 prays before this Hon’ble Court that this Hon’ble Court may kindly restore the petition under Section 13(B)(2) of H.M. Act and may pass a decree of divorce without the presence of the petitioner no.2 as the second motion petition was duly filed under the signature of the petitioner no.2 as well as with his consents.

8.       That as per the judgment of the Rajasthan High Court the second motion can be allowed in the absence of either of the parties in case where the first motion has been granted with the consensus of parties the judgment of the Rajasthan High Court is annexed with the present application for the kind perusal of this Hon’ble Court.

PRAYER:-

In view of the aforesaid facts and circumstances as stated above that this Hon’ble Court may kindly restore the petition under Section 13(B)(2) of H.M. Act and may pass a decree of divorce without the presence of the petitioner no.2 as the second motion petition was duly filed under the signature of the petitioner no.2 as well as with his consensus, in the interest of justice.

It is prayed accordingly.

DELHI                                                                            PETITIONER

THROUGH

DATED

XXXXX

ADVOCATES

XXXXXX

XXXXXX