IN THE HON'BLE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT, GURUGRAM, HARYANA

H.M.A. PETITION NO. _______OF 20XX

IN THE MATTER OF:

XXXX                                                                   .........PETITIONER NO-1

                                                AND

XXXX                                                                       …PETITIONER NO-2

INDEX

S.no            Particulars                                        Page no.      Court fees

1.       Memo of parties

2.       Petition u/s 13 (B) (I) of Hindu

          Marriage Act, along with affidavits

3.       List of documents with documents

4.       Vakalatnama

Petitioner no.1                                                                   Petitioner no.2

          Through

Counsel                                                                                   Counsel

IN THE HON'BLE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT, GURUGRAM, HARYANA

H.M.A. PETITION NO. _______OF 20XX

IN THE MATTER OF:

XXXX                                                                  ...PETITIONER NO-1

                                                AND

XXXX                                                                  …PETITIONER NO-2

MEMO OF PARTIES

Smt. XXX

W/o XXX

D/o …………………

R/o …………………                                                   …Petitioner no. -1

AND

Sh. XXX

S/o ………………………

R/o-………………………                                               ……Petitioner no-2

Petitioner no.1                                                                    Petitioner no.2

Through

Counsel                                                                                    Counsel 

IN THE HON'BLE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT, GURUGRAM, HARYANA

H.M.A. PETITION NO. _______OF 20XX

IN THE MATTER OF:

Smt. XXX                                                             ...PETITIONER NO-1

                                      AND

Sh. XXX                                                               …PETITIONER NO-2

PETITION UNDER SECTION 13(B) (I) OF THE HINDU MARRIAGE ACT, FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE.

Most Respectfully Showeth:

1.     That on dated __________, marriage between the parties to this petition was solemnized at ____________” Marriage proof along with photographs is annexed herewith this Petition. There is one daughter out of this matrimonial wedlock namely, XXX born on_______.

2.     That the status, age, and place of residence of the parties to the marriage, before the marriage and at the time of filing of this petition were/ are as follows: -

              BEFORE THE MARRIAGE

                 AT THE TIME OF FILING OF PETITION

3.     That due to the differences in the temperaments and behavior of the parties hereto, they could not live together much longer as husband and wife and have been living separately from each other since XX ^nd XX 20XX.

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

5.     That as per the oral settlement between the parties, it has been agreed between the parties that they shall part their company from each other by obtaining a decree of divorce by mutual consent by filing a joint petition for divorce by mutual consent within the jurisdiction of _________.

6.     That the property of ______________, which presently is jointly owned by petitioner no. 1(first owner) and petitioner no. 2(second owner). That the above-mentioned property is currently mortgaged with State Bank of India against a Home Loan. That it has been agreed by the petitioner no. 1 that she will exclusively continue with the above-mentioned loan and all the papers of the property must be transferred in the name of petitioner no. 1 solely.

7.     That the Vehicle Honda Amaze with registration no. HRXX XX XXXX shall be transferred back to petitioner no. 1.

8.     That all the gold stored in the locker at State Bank of India, ___________________ should be handed over to petitioner no. 1 along with the keys and the locker must be transferred in the name of petitioner no.1. Moreover, a gold set which was gifted to the petitioner at muhdikhai ceremony is presently in the possession of the in-laws of the petitioner no. 1 and must be transferred back to petitioner no.1.

9.     That all the household items present at ___________________________, belongs to petitioner no.1 and therefore must be handed back to her respectfully.

10. That all the money held in the individual accounts shall be retained by that respective individual and the other person cannot claim any stake from the said account. Petitioner no. 1 and petitioner no. 2 hold 2 bank accounts under joint ownership at State Bank of India, __________. The details of the bank accounts are stated as: a) ________________ (Current account), b) _____________ (Savings account). That from the above-mentioned bank accounts an amount of Rs. _________ /- has to be paid to petitioner no. 2 at the time of the recording of the statement of the parties in the first motion petition before this Hon’ble Court and an amount of Rs. ____________ /- has to be paid to petitioner no. 2 at the time of recording of statement of the parties in the second motion petition. After the transfer of Rs. _________ the remaining amount must be handed over to petitioner no. 1 and both these bank accounts must exclusively continue under the name of petitioner no. 1.

11. That the investments individually done by petitioner no. 1 and petitioner no. 2 must stay under their individual name and the opposite party cannot claim any stake in the said investments.

12. All the monthly/ quarterly school fees of XXXX ( Daughter) must be paid by petitioner no. 2 as per the school requisition slip until XXX completes her schooling. The amount to be paid as fees is mutually settled at a maximum of Rs. _____ /- per month.

13. That at the time when XXX begins her college education, petitioner no. 2 is required to pay the actual fees of the graduation course his daughter pursues to the maximum limit of Rs. __________ / a year.

14. That the petitioner no. 2 is required to form a child policy of at least Rs. ________/-, the premium amount of which is to be paid by petitioner no. 2 completely in order to secure the future of XXX in case of the demise of petitioner no.2.

15. That the Petitioner no. 1 will get hold of full guardianship of XXX and will reserve comprehensive right to take all the decisions for XXX until she/he is major.

16. That petitioner no. 2 will be entitled to visitation rights to meet his daughter.

17. That the current residential address of petitioner no. 1 shall not be disclosed to petitioner no. 2 in order to maintain safety and privacy.

18. That the complaint shall not be withdrawn by petitioner no. 2 until motion 2 is signed and divorce is granted.

19. That petitioner no. 2 must keep petitioner no.1 informed about his current address and phone no. at all times and in a situation where petitioner no. 2 travels outside the country, he must inform petitioner no. 1 through email.

20. That none of the copies of documents of petitioner no. 1 present with petitioner no. 2 can be used for any purpose until the filing of the petition.

21. That it has been further agreed between the parties that apart from the above-mentioned cases if any complaint/litigation is pending between the parties same shall be treated as settled/withdrawn by virtue of this settlement.

22. It is further agreed that after this settlement, both parties shall be left with no claims against each other of any nature whatsoever and shall be free to live their lives independently without interference from each other, and shall not claim any rights in any movable or immovable properties of the respondent/husband and vice-versa and his family members and also both the parties and their relatives shall not file any case/litigation against each other in future.

23. That it is agreed that both the parties have arrived at the present settlement out of their free will and consent without any force, compulsion, or coercion and they are signing the present settlement after fully understanding the contents of the same, which have also been read over to them in vernacular.

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

25. That no proceedings either civil or criminal shall be instituted by the parties or their respective relatives in relation to matters arising out of the present marriage and in the event any such complaint having been lodged against either of the parties (whether it is within the knowledge of either of the parties or not). The same shall be deemed to be withdrawn from the date of instituting the present petition. Further both the parties undertake not to litigate against each other and/or their respective family members in the future with regard to this marriage.

26. That petition is not being filled in collusion with the parties.

27. That there is no legal impediment in granting the relief of divorce to the parties.

28. That marriage was solemnized at _____ and the parties hereto are presently residing at ________, hence this Hon’ble Court has the jurisdiction to try and decide the present petition.

29. That the appropriate court fee of Rs. ________, as required under the law, has been paid on the petition.

PRAYER

It is therefore, most respectfully prayed that the marriage of the parties may kindly be dissolved by a decree of divorce u/s 13(B) (2) Hindu Marriage Act, in the interest of justice.

Prayed Accordingly.

     Petitioner No. 1                                                                                                                                    Petitioner No. 2 

                                           Through              

COUNSEL                                                                              COUNSEL

Verification:

Verified on this day of _____________that the above-named petitioners, do hereby state on solemn affirmation, that the contents of paragraphs 1 to 29 of the petition are true and correct to our knowledge on the basis of information received and believed to be true. The last para is prayer.

Petitioner No. 1                                                        Petitioner No. 2 

IN THE HON'BLE COURT OF PRINCIPAL JUDGE, FAMILY COURT, GURUGRAM, HARYANA

H.M.A.  PETITION NO. _______OF 20XX

IN THE MATTER OF:

XXX                                                                                          ...PETITIONER NO-1

                                             AND

XXX                                                                                              …PETITIONER NO-2

A F F I D A V I T

I, XXXX, Aged_____ years, S/o_________, R/o_______, do hereby solemnly affirm and declare as under:

1.     That on dated XX.XX.20XX, marriage between the parties to this petition was solemnized at ________.

2.     That there is no collusion between the parties in filing the present petition.

3.     That we have been living separately since XX.0X.20XX till date.

4.     That the accompanying petition u/s 13-B (1) for dissolution of marriage has been drafted under my instructions and the contents thereof, except the legal averments, contained therein, are true and correct to the best of my knowledge and information. The contents of the accompanying petition are not being reproduced for the sake of brevity and the same may be read as part and parcel of this affidavit.

5.     That my consent has not been obtained by force, fraud or pressure undue influence, coercion from any quarter whatsoever.

DEPONENT        

VERIFICATION:

Verified on solemn affirmation on this day of ________at ______ that the contents of the above affidavit are true and correct to the best of my knowledge and belief, no part of it is false and nothing material has been concealed therefrom.

DEPONENT

THE HON'BLE COURT OF PRINCIPAL JUDGE, FAMILY COURT, GURUGRAM, HARYANA

H.M.A. PETITION NO. _______OF 20XX

IN THE MATTER OF:

Smt. XXXX                                                       …PETITIONER NO-1

                                       AND

SH. XXXX                                                       …PETITIONER NO-2

                                         AFFI DAVIT

I, XXX, Aged years, W/o SH. XXX, D/o ________ R/o-_____________________, do hereby solemnly as affirm and declare as under:               

1.       That on dated XX.XX.20XX, marriage between the parties to this petition was solemnized at ____________.

2.       That there is no collusion between the parties in filing the present petition.

3.       That we are living separately since XX.0X.20XX

4.       That the accompanying petition u/s 13-B (1) for dissolution of marriage has been drafted under my instructions and the contents thereof, except the legal averments, contained therein, are true and correct to the best of my knowledge and information. The contents of the accompanying petition are not being reproduced for the sake of brevity and the same may be read as part and parcel of this affidavit.

5.       That my consent has not been obtained by force, fraud pressure undue influence, or coercion from any quarter whatsoever.

                                                                DEPONENT

Verification:

Verified on solemn affirmation on this day of ____________at ______that the contents of the above affidavit are true and correct to the best of my knowledge and belief, no part of it is false and nothing material has been concealed therefrom.

                                                                DEPONENT