Application Format For Mutual Consent Divorce U/S 13B OF HMA

Joint Affidavit

BEFORE HON’NLE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, PUNE AT PUNE.

Divorce Petition No. _______/2014

 

XYZA XXXX TTTT                                                           Petitioner -1

V/s

XXXX LLLLLL TTTT                                                       Petitioner -2

APPLICATION FOR DIVORCE BY HUSBAND AND WIFE U/S 13-B OF HMA 1955

The Humble petition of the Joint Petitioner being Petitioner no. 1 and the Petitioner No.2 herein MOST RESPECTFULLY  SHEWETH :-

1. That the parties to this present petition are Petitioner -1 and Petitioner -2 are husband and wife and their marriage was solemnized on ____________ at XXXXXXX Marriage Hall on________________, in Pune as per Hindu Vedic Rites and Rituals. Petitioner -2 as was bachelor and Petitioner -1 was spinster. Maiden name of the Petitioner -1 was Ms. XYZA YYYY ZZZZ. There is one daughter out of this matrimonial wedlock namely ___________ born on _________200.
2. That after the marriage, the parties could not pull on well owing to various differences and temperamental incompatibility, and have decided to live separately from each other for more than 2 year i.e from X1^st Aug 20XX till today and both are staying separately in their respective parental homes. There is no chance of reconciliation of marriage between the parties or resumption of normal marital relationship in future. The well wishers, friends, relatives and elders of both the families tried to reconcile the relation between the parties but all attempts went to vain.
3. That the parties since have realized that it will be futile to continue the marital relationship, as such have decided to file instant application praying for a Decree of Divorce on mutual consent on the following terms and conditions
   1. That it has been mutually agreed between the parties that party of the Second Part shall pay appreciation ___, (hereinafter referred to as “Flat”) after selling and completing the ICICI loan liability amount and Tax liability amount to her child account with certain condition such as this amount will be used only by __________, every year there will be external audit for the amount and every year only 1.5 lack rupess can be withdraws from her account. This amount in total as FULL AND FINAL PAYMENT AND SETTLEMENT to the party of the First Part in respect of her entire and all other claims towards cost of maintenance i.e. present, past and all future maintenance, also towards all other claims that First Party may have against party of the Second Part due to said wedlock / legal relation that includes claims with respect to dowry, istridhan, alimony, gifts, expenditure or any other claim what so ever that the party of the First Part may claim against party of Second Part due to said matrimonial relation.
   2. That it has been further mutually agreed that both the parties are hereby applying before District and Session court at Pune for Decree of Dissolution of Marriage by mutual consent and complete all the formalities till the final order of Decree of Dissolution of Marriage by mutual consent.
   3. That it is further mutually agreed that out of 50000 Thousand  e ( Fifty Thousand Rupees ) shall be paid by Second Party to First Party at the time of recording statements of the parties in the court on the presentation of First Motion of the divorce petition.
   4. That it is further mutually agreed that the remaining balance amount of which will be come after selling the flat shall be paid by Second Party to the First Party at the time of recording statement of the parties in the Court at the time of presenting Second Motion of Divorce Petition. This will be treated as full and final payment.
   5. That any other complaint / all other complaints / cases filled by party of the First Part against party of the second part and his family members shall be treated as withdrawn / closed.
   6. That party of the First Part and daughter child____ shall make no further claim / right against any movable or immoveable property of party of Second Part or his family members.
   7. That both the Parties shall assist each other in prudently pursuing the petition for dissolution of marriage by mutual consent and shall appear in the concerned Court as and when necessary and required to record necessary statements as per law in getting the decree of Divorce by mutual consent.
   8. That both the parties shall have on satisfaction of aforementioned terms no further claims whatsoever against each other from this day onwards and terms of the aforementioned deed are binding on them. Any party who denies the above mentioned compromise / agreement will be liable for legal action.
   9. That this compromise / agreement is being executed voluntarily and with mutual consent without any Fear, Pressure, Force, Fraud, Undue Influence, Coercion in the presence of members of the family / relative.
   10. That party of the First Part will provide the full support of selling the flat and provide the necessary document such as NOC from society / Tax paid certificate of flat.

4. That only two sets of present agreement are being prepared in-original for being kept by each party separated
5. That the parties last lived/cohabited at XXXXX, Pune. within the jurisdiction of this court.
6. On XX/XX/2011 both petitioner started living separate and there is no matrimonial relationship between them, from XX/XX/2011both petitioner not sharing any house or not in any kind of husband and wife relationship.
7. That both the parties have decided to dissolve the marriage.
8. That the above petition is bona fide and not presented in collusion between the parties.
9. That there is every legal ground in granting the relief.

PRAYER: –

WHEREFORE, the both petitioners in above matter most respectfully prays that this Hon’ble court under the circumstances pray for a decree of dissolution of marriage by mutual consent under section 13B of the Hindu Marriage Act 1955..

Any other order in the circumstances of the case may also be passed.

 

Place: ………………….                                              (Signature of the Petitioner 1)

Date: …………………..

 

Place: ………………….                                               (Signature of the Petitioner 2)

Date: …………………..

 

Verification

I, Miss / Mrs. _______, Age:__ years, R/at: Flat no ________________________________ Pune 411033. do hereby verify that the contents from paras 1 to 9 are correct and true to the best of my knowledge and personal belief, faith and as per my instructions. The above contents have been read over and explained to me in Marthi / Hindi and I have understood the same. Hence I have signed hereunder on this ___ ________________ at Pune.

 

(Signature)  Petitioner 1

Verification

I, Mr. _______________, Age:____ years, R/at: Flat no ____________________________, Pune- 411 033. do hereby verify that the contents from paras 1 to 9 are correct and true to the best of my knowledge and personal belief, faith and as per my instructions. The above contents have been read over and explained to me in Marthi/ Hindi and I have understood the same. Hence I have signed hereunder on this ___ ________________ at Pune.

 

(Signature)  Petitioner 2

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