IN THE COURT OF LD. PRINCIPAL JUDGE; FAMILY COURT, LUCKNOW COURTS, U.P.

H.M.A. PETITION NO.________ OF 2024.

IN THE MATTER OF: -

_____________________________            PETITIONER NO.1

AND

_______________________________         PETITIONER NO.2

INDEX

PETITIONER NO.1                                  PETITIONER NO.2

THROUGH                                               THROUGH

COUNSEL                                                     COUNSEL

PLACE:

DATED:                                                                    

IN THE COURT OF LD. PRINCIPAL JUDGE; FAMILY COURT, LUCKNOW COURTS, U.P.

H.M.A. PETITION NO.________ OF 2024.

IN THE MATTER OF: -

___________________________                PETITIONER NO. 1

AND

___________________________________ PETITIONER NO.2

MEMO OF PARTIES

_________________________.                   PETITIONER NO.1

AND

__________________                                 PETITIONER NO.2

PETITIONER NO.1                                  PETITIONER NO.2

THROUGH                                               THROUGH

COUNSEL                                                     COUNSEL

PLACE:

DATED:

IN THE COURT OF LD. PRINCIPAL JUDGE; FAMILY COURT, LUCKNOW COURTS, U.P.

H.M.A. PETITION NO.________ OF 2024.

IN THE MATTER OF: -

_________________________                    PETITIONER NO.1

AND

____________________                             PETITIONER NO.2

FIRST MOTION PETITION UNDER SECTION 13(B)(1) OF THE HINDU MARRIAGE ACT, 1955 (AS AMENDED UP TO DATE) FOR DISSOLUTION OF MARRIAGE, BY DECREE OF DIVORCE BY MUTUAL CONSENT.

MOST RESPECTFULLY SHEWETH :-

1.                 That the marriage between the parties (petitioners herein) in the present petition was solemnized on ________ in accordance with the Hindu rites and ceremonies at ______ ______ ________ in presence of 3 (Three) members and 2 (Two) Witnesses from the groom’s side only. Later, the marriage was registered at the District Court, Lucknow on ________. This was followed by 2 receptions. The first reception was at _____________, ___ on _______organized by Petitioner no.2’s Family. The second reception was organized by the Petitioner no.1’s Family at Hotel ______________ at ___________. Necessary affidavits to this effect are filed herewith. Copy of marriage photograph is annexed herewith as Annexure P-1.

2.                 That the status, age and place of residence of the parties to present petition before the marriage and at the time of filing the present petition is as under:-

AT THE TIME OF MARRAIGE

AT THE TIME OF FILING OF THIS PETITION

3.                 That the Petitioner no.1 and the Petitioner no.2 are Hindu by birth and believe in Hindu mythology. Copies of the I.D. proofs of both the Petitioners are annexed herewith and marked as Annexure P-2 (Colly) for the kind perusal of this Hon'ble Court.

4.                 That after the marriage both the parties to this petition started living together as a husband and wife, and the parties have resided together till about _________ with each other, however, no child was born out of the said wedlock.

5.                 That due to the differences in the temperaments and behaviour of the Petitioner No. 1 & 2 hereto, they could not live together much longer as husband and wife, and have been living separately from each other since about __________.

6.                 That all the efforts of reconciliation made by family members, relatives & friends of both the parties, have failed, and now there is no possibility of their reconciliation in future. As such the parties have finally decided to obtain divorce with mutual consent.

7.                 That it has been agreed between the parties that they shall separate from each other by obtaining a decree of divorce by mutual consent by filing a joint petition for divorce by mutual Consent within jurisdiction of ________.

8.                 That the petitioners have amicably settled all their disputes, differences and claims against each other in terms of the MOU dated …._________. That the contents of the said MOU / Compromise may be read as a part and parcel of this present petition. Copy of MOU dated ….______ is annexed and marked herewith as Annexure P-3.

9.                 That the Petitioner no.1 has settled all her claims in respect of istridhan, past, present and future maintenance, permanent alimony. The Petitioner no.1 has agreed that she had already taken all her istridhan including jewelry, clothes and all other belongings/items with her, and nothing is left with the Petitioner no.2 and after receiving the above alimony, the Petitioner no.1 would refrain from asserting any further claims regarding her istridhan or any other articles from the Petitioner no.2 or his family members. 

10.             It is has been settled between the Petitioners, that the Petitioner no.2 shall return the 3 sets of Jewelry along with the earrings from her in-laws as a part of Stridhan, (gifted by Mrs. _____________) to the Petitioner no.1 (complete details of the articles mentioned in MoU dated …__________) as full and final settlement towards all claims against the Petitioner no.2 and his family and after receiving the same, the Petitioner no.1 shall not have any monetary claims against the Petitioner no.2 and his family members against any movable and immovable assets. That on the date of the execution of the MOU, both the Petitioners agreed and undertake to perform the following act:

a.      Amicably filed the present First Motion Petition under Section 13B(1) within 15 days of the signing the MoU before this Hon’ble Court; the Petitioner no.2 return / handover the 3 sets of necklaces along with the earrings to the Petitioner no.1 at the time of recording of the statement of both parties on the date of the First Motion.

b.     The Petitioner no.1 further undertakes that after grant of decree of divorce by mutual consent, she will not claim any maintenance past, present and future or any other claim on account of dowry if any, istridhan, permanent alimony etc. in any manner in the court of law against the Petitioner no.2 and her in-laws nor claim any share in the moveable or immoveable property of Petitioner no.2 and/or her in-laws.

c.      That the Petitioners undertakes to thoroughly review and check all their social media platforms wherein Petitioners and their family members/friends have posted any Defamatory content against the each other and their Family members/friends and further undertakes to remove/ delete/take all the necessary actions required for taking down such defamatory content to the satisfaction of the both the Petitioners from internet/ website(s) and all the social media platforms, including but not limited to, Facebook, X (formerly known as Twitter), WhatsApp Groups, Google reviews, Community Groups on Social Media Platforms, Instagram, LinkedIn and Snapchat etc. prior to First Motion. Both the Petitioners undertakes not to post any content/ comments/ posts/stories about the each other, their relatives and/or any businesses or jobs related to each other and their relatives in the future. Even after taking the final divorce decree from the Court, should the both the Petitioners and/or their relatives/friends come across any content/ posts/ comments/ stories on the internet /websites /social media platforms etc. posted by either Party and/or their relatives/ friends regarding the each other, the both the Petitioners undertakes to delete or get deleted any such posts related to the either party to the petition upon receiving information from the other Party to the petition, through its counsels, within 7 days;

d.     The Second Motion Petition be signed by both Petitioners after granting First Motion Divorce. For the purpose of Second Motion, both the Petitioners agree to file a Joint application, for the purpose of waiver of the statutory period of 6 months as prescribed under the Act as per judgment “Amardeep Singh v. Harveen Kaur [Civil Appeal No. 11158/2017 dated September 12, 2017]”, since the parties have been living separately for more than statutory period; Both the Petitioners undertake to cooperate with each other for its presentation of the aforesaid petition and to make statements before the Hon'ble Court for the same.

11.             That the Petitioners shall not withdraw their consent for obtaining the divorce by mutual consent till they obtain the divorce by mutual consent and both the Petitioners have surrendered their rights to withdraw their consent for obtaining the divorce by mutual consent.

12.             That after obtaining the divorce by mutual consent, both the Petitioners undertake that they will not interfere in future life of each other and their respective family members, relatives and friends and shall not claim any interest in the moveable and immovable properties, business of both the Petitioners and their family members and both the Petitioners shall not make any kind of correspondence, complaints, etc. with any family member, relative or friend of either of the Petitioners,  against each other  before any other authority and police authority and court of law in India. It is categorically understood that both the Petitioners and their family members shall refrain from contacting or communicating with the other party, their relatives and friends, including social media sites.

13.             That it is further agreed between both the Petitioners that they shall be bound to uphold their respective obligations in the MOU dated ....________ and the party resiling from the MOU shall be liable to proceedings under The Contempt of Courts Act, 1971.

14.             That it is agreed that both the parties undertake to remain bound by the terms of settlement.

15.             That the parties to present petition have further undertaken that they shall not level any allegations against each other or against the family members of each other or cause to act in a manner so as to harm the reputation and image of the other party to present petition and their relatives in the society at large.

16.             That there is no legal impediment for which the relief sought for can be denied to the petitioners. It is further submitted no other efficacious remedy is available with the parties for dissolution of the marriage except the by way of the present petition.

17.             That the present petition has been filed by both the parties with their consent before Hon'ble Court.

18.             That there is no unreasonable or improper delay in filing this petition.

19.             That there is no impediment in granting the relief as prayed for in the petition.

20.             That no such petition between the Petitioners is pending before any other court of law except the present one.

21.             That the Petitioner No.1 is residing at ________________, which is within the jurisdiction of this Hon’ble Court. Hence, this Hon’ble has got jurisdiction to entertain and try this petition.

22.             That the appropriate court fees for the purpose of court fee and jurisdiction has been affixed herein.

PRAYER:-

It is, therefore, most respectfully prayed to this Hon'ble Court may kindly grant the First Motion and pass a decree of divorce by mutual consent under Section 13(B)(1) of the Hindu Marriage Act, 1955 in favour of the Petitioners.

Any other or further order/ relief which this Hon’ble Court deems fit and proper in the facts and circumstances of the case be passed/granted in favor of the petitioners.

PETITIONER NO.1                                  PETITIONER NO.2

THROUGH                                               THROUGH

COUNSEL                                                     COUNSEL

PLACE:

DATED:

VERIFICATION:-

We, the above-named Petitioners do hereby on solemn affirmation verify that the contents of the above petition from para no. 1 to …..are true to my knowledge and those of para no. …..to …. are true on information received and believed to be true, while the last para is a prayer to this Hon’ble court.

Verified at Lucknow on this  __ day September, 2024.

PETITIONER NO.1                                       PETITIONER NO.2

IN THE COURT OF LD. PRINCIPAL JUDGE; FAMILY COURT, LUCKNOW COURTS, U.P.

H.M.A. PETITION NO.________ OF 2024.

IN THE MATTER OF: -

______________________________           PETITIONER NO. 1

AND

__________________________________   PETITIONER NO.2

AFFIDAVIT

Affidavit of Mrs. __________, D/o ____________, W/o _____________, Age ___ years, R/o _________________.-do hereby solemnly affirm and declare as under:

1.       That I am the petitioner No. 1 in the above named matter and am well conversant with the facts of the case and am also competent to swear the present affidavit.

2.       That the marriage of the deponent with the Petitioner No.2 solemnized according to Hindu rites & ceremonies on _____ at ______________,_______.

3.       That due to the difference in opinions and temperaments of the Petitioner no.1 and Petitioner no.2; I, the deponent, and the Petitioner no. 2 are living separately since ________. Despite the interference of the common friends and relations, the Petitioners hereinafter were not be able to reconcile their dispute and the parties have agreed to dissolve their marriage by obtaining the decree of mutual consent. All efforts to bring reconciliation have been failed.

4.       That I undertake to abide by the terms mentioned in the MOU / Compromised Deed dated …………. in its true letter and spirit.

5.       That there is no unnecessary or improper delay in filing this petition.

6.       That there is no legal impediment in granting the relief as prayed for in the petition.

7.       That the contents of the annexed petition under Section 13-B(1) of the Hindu Marriage Act, 1955, as amended upto date, have been drafted by my counsel as per my instructions and the contents of the same have been duly read and understood by me and after fully understanding the contents of the same, I hereby state that the facts stated therein are all true and correct to my knowledge.

8.       The facts stated therein may kindly be read as part and parcel of the present affidavit also as the contents of the same have not been reproduced herein for the sake of brevity.

DEPONENT

VERIFICATION:-

I, the above-named deponent on solemn affirmation verify that the contents of the above affidavit from paras no.1 to 8 are true to my knowledge, no part of it is false and nothing is concealed therefrom.

Verified at Lucknow on ___, September, 2024.

DEPONENT

IN THE COURT OF LD. PRINCIPAL JUDGE; FAMILY COURT, LUCKNOW COURTS, U.P.

H.M.A. PETITION NO.________ OF 2024.

IN THE MATTER OF: -

____________________________              PETITIONER NO. 1

AND

_______________________________         PETITIONER NO.2

AFFIDAVIT

Affidavit of Dr. ______________, S/o Dr. ___________, Age ___ years, R/o ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­_______________ do hereby solemnly affirm and declare as under:

1.       That I am the Petitioner No. 2 in the above named matter and am well conversant with the facts of the case and am also competent to swear the present affidavit.

2.       That the marriage of the deponent with the Petitioner No.1 solemnized according to Hindu rites & ceremonies on -------- at ___/102 ______ ________, ______.

3.       That due to the difference in opinions and temperaments of the Petitioner no.1 and Petitioner no.2; I, the deponent, and the Petitioner no. 1 are living separately since _________. Despite the interference of the common friends and relations, the Petitioners hereinafter were not be able to reconcile their dispute and the parties have agreed to dissolve their marriage by obtaining the decree of mutual consent. All efforts to bring reconciliation have been failed.

4.       That I undertake to abide by the terms mentioned in the MOU/Compromise Deed dated ….09.2024 in its true letter and spirit.

5.       That there is no unnecessary or improper delay in filing this petition.

6.       That there is no legal impediment in granting the relief as prayed for in the petition.

7.       That the contents of the annexed petition under Section 13-B(1) of the Hindu Marriage Act, 1955, as amended upto date, have been drafted by my counsel as per my instructions and the contents of the same have been duly read and understood by me and after fully understanding the contents of the same, I hereby state that the facts stated therein are all true and correct to my knowledge.

8.       The facts stated therein may kindly be read as part and parcel of the present affidavit also as the contents of the same have not been reproduced herein for the sake of brevity.

DEPONENT

VERIFICATION:-

I, the above-named deponent on solemn affirmation verify that the contents of the above affidavit from paras no.1 to 8 are true to my knowledge, no part of it is false and nothing is concealed therefrom.

Verified at Lucknow on ____, September, 2024.

DEPONENT