Mutual Divorce First Motion Petition format
Mutual Divorce First Motion Petition format
हमें एक बात का सबसे ज्यादा ध्यान देना है , कभी पैसो के लेन देन के साथ डाइवोर्स नहीं लेना है। ऐसा करने से आप कम से कम १० परिवार ख़राब कर रहे हो , एक लड़की पक्ष के लोग जिनके मन में धारणा बन गई है। घर नहीं बसेगा तो मोटी रकम तो लूट लेंगे और दूसरे लड़के पक्ष के लोग जो ब्रह्म और दबाब में रहते है ,पैसे तो देने पड़ते है।
इस मुक़दमे में और ऐसे हज़ारो लाखो मिसाल है जहां #ZeroAlimony #ZeroMaintenence पर मुक़दमे ख़त्म हुए है। सिर्फ हमें आत्मविश्वास और धैर्य की आवशयकता होती है।
IN
THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
XXXXX
COURTS, NEW DELHI
H.M.A
PETITION No. _____________ 2022
IN
THE MATTER OF;-
Wife
Name .…Petitioner
No. 1
Versus
Husband
Name ….Petitioner No. 2
INDEX
|
S.NO. |
PARTICULARS |
PAGE NO. |
|
1. |
Memo of Parties |
1 |
|
2. |
Petition U/s 13-B (1) of H.M.A for Divorce alongwith
affidavits. |
|
|
3. |
ANNEXURE A1 (Colly) Copy of marriage
card and photograph of marriage. |
|
|
4. |
ANNEXURE A2 (Colly) Copy of residence proof and age proof/ aadhar card of the petitioners. |
|
|
xx. |
ANNEXURE A3 Copy of the MOU
dated xx/xx/xxxx. |
|
|
6. |
Vakalatnamas |
|
|
FILED BY (xxxxx xxxxxxxxxx) (Advocate for the
Petitioner 1 ) Xxxxxxxxxxx xxxxxxxxxxxxx New Delhi-1 981234xx6789 |
FILED
BY
xxxxx xxxxxxxxxx) (Advocate for the
Petitioner 2) Xxxxxxxxxxx xxxxxxxxxxxxx New Delhi- 981234xx6789 |
Place : New Delhi
Dated: xx/xx/xxxx.
IN
THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
XXXXX
COURTS, NEW DELHI
H.M.A
PETITION No. _____________ 2021
IN
THE MATTER OF;-
Xxxxx Xxxxx .…Petitioner
No. 1
Versus
Xxxxx Xxxxx ….Petitioner No. 2
MEMO
OF PARTIES
Xxxxx Xxxxx
W/o
Xxxxx Xxxxx,
D/o
xx.xx. Xxxxx
R/o: House no. xxxx,
xxxx xxxxx
Delhi-1100xx.
Mob:
98xxxxxxxxx
Email:
xxxxxxxxxx16@gmail.com
Aadhar
Card: xxxxxxxxxxxxxxxxx
….Petitioner No. 1
Versus
Xxxxx Xxxxx,
S/o
Late
xxxx Xxxxx,
R/o
House No. xxxx, Block-xx, Pocket xx,
Sector
11 Delhi - 1100xx
Also
at :-
House
no xxxx
Delhi – 1100xx.
Mob:
98xxxxxxxx2
Email:xxxxx.xxxxx@gmail.com
Aadhar
Card:xxxxxxxxxxxxxx ….Petitioner
No. 2
|
FILED BY xxxxx xxxxxxxxxx) (Advocate for the
Petitioners) Xxxxxxxxxxx xxxxxxxxxxxxx New Delhi-1 981234xx6789 |
FILED
BY |
Place : New Delhi Dated:
.11.2021
IN
THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
XXXXX
COURTS, NEW DELHI
H.M.A
PETITION No. _____________ 2021
IN
THE MATTER OF:
Xxxxx Xxxxx
W/o
Xxxxx Xxxxx,
D/o
xx.xx. Xxxxx
R/o: House no. xxxx,
xxxx xxxxx
Delhi-1100xx.
Mob:
98xxxxxxxxx
Email:
xxxxxxxxxx16@gmail.com
Aadhar
Card: xxxxxxxxxxxxxxxxx
….Petitioner
No. 1
Versus
Xxxxx Xxxxx,
S/o
Late
xxxx Xxxxx,
R/o
House No. xxxx, Block-xx, Pocket xx,
Sector
11 Delhi - 1100xx
Also
at :-
House
no xxxx
Delhi – 1100xx.
Mob:
98xxxxxxxx2
Email:xxxxx.xxxxx@gmail.com
Aadhar
Card:xxxxxxxxxxxxxx ….Petitioner No. 2
PETITION
FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY MUTUAL CONSENT UNDER
SECTION 13-B (1) OF THE HINDU MARRIAGE ACT, 19xxxx (NO.2xx OF 199xx) (AS
AMENDED BY THE MARRIAGE LAWS (AMENDMENT)
ACT , 1976) i .e FIRST MOTION.
MOST RESPECTFULLY SHOWETH :-
The petitioners
above named most respectfully submit as under: -
1.
The marriage between the
parties was solemnized on xx.xx.xxxx according to Hindu Customs and rites, in
the presence of their parents, relatives and friends at Delhi. Copy of marriage
card and photograph of marriage is herewith marked and annexed as ANNEXURE A-1 (Colly).
2.
That the status, place of
residence etc. of the parties before the marriage and at the time of the filing
of the present petition are as follows:-
HUSBAND
|
|
STATUS |
AGE |
PLACE OF RESIDENCE |
|
BEFORE MARRIAGE |
HINDU/ BACHELOR |
xx |
|
|
AT THE TIME OF FILING OF PETITION |
HINDU/MARRIED |
xx |
House
No. xxxx, Block-xx, Pocket xx, Sector
11 Delhi - 1100xx |
WIFE
|
|
STATUS |
AGE |
PLACE OF RESIDENCE |
|
BEFORE MARRIAGE |
HINDU/UNMARRIED |
xx |
|
|
AT THE TIME OF FILING OF PETITION |
HINDU/MARRIED |
xx |
House
No. xxxx, Block-xx, Pocket xx, Sector
11 Delhi - 1100xx |
A
copy of residence proof and age proof/ aadhar card of the petitioners are
herewith marked and annexed as ANNEXURE
A-2 (Colly).
3.
That the parties after marriage,
started living together and cohabited as husband and wife at House no xx
xxxxxxxxxxxxxxxx, Delhi – 1100xx. There is no child born out of the wedlock of
the parties.
4.
That owing to the development of
adjustment differences, during the course of their marriage, disputes arose
between the parties and the parties couldn't enjoy their
married life happily.
5.
That, the parties have been living
separately since Xxxxx, 20XX as the parties were incompatible to each other and
could not live together happily due to temperamental differences. All the
attempts of reconciliation made by elderly people, friends and relatives and
well wishers of the family of both side of the parties have proved futile.
There is no probability or possibility of their living together as husband and
wife.
6.
That the Petitioner No.1 and
Petitioner No.2 have amicably decided to dissolve their marriage by mutual
consent and to settle their entire dispute at once. Consequently, both the
petitioners have given their consent for dissolution of their marriage out of
their free will, consent and without any force, fraud, connivance, coercion or
any undue influence or outside pressure. Finally, the two parties have reached
an amicable settlement on XX.XX.XXX and the same was reduced in writing and was
signed and executed between the parties. A copy of the aforesaid MOU dated XX.XX.XXX
is herewith marked and annexed as ANNEXURE A-3.
7.
That the MOU dated 27.11.2021
executed between the Parties is subject to the following terms and conditions:
a) That
Petitioner No. 2 undertakes that his mother i.e. Mrs. Xxxxx Xxxxx will withdraw
the cases, filed under section 12 of Protection of Women from Domestic Violence
Act-200xx pending in the court of MS. xxxxx xxxx, xxxx- Ld. MM/Mahila Court,
North District, xxx Court Complex, New Delhi 1100xx, And Case filed
Under 1xx6 (3) Cr.P.C. pending in the court of Mr. xxx xxx xxx- Ld. MM, North
District, Xxxxx Court Complex, New Delhi 11008xx and Complaint under Senior Citizen Act filed
before District Magistrate, Alipur, on or before presentation of 2nd motion
petition.
b) That
the parties have agreed and accepted that the Petitioner No. 2 will withdraw
application filed under section 3xx Cr.P.C. pending in the Court of Shri. xxx xx
xx Ld. Principal Judge, North District, Xxxxx Court complex, New Delhi 1100xx,
on or before presentation of second motion petition.
c) That
the parties have agreed and accepted that the Petitioner No. 1 will withdraw
divorce petition No. xxx/ 20xx pending before family court, Xxxxx on or before
the presentation of second motion divorce petition.
d) That,
the parties have agreed and accepted that after recording of statements of
parties in the SECOND motion and after passing of decree of divorce by mutual
consent, the Petitioner No. 2 shall file the quashing petition, as per law,
before Hon’ble Delhi High Court for quashing of the FIR bearing No. xxxxx,
dated xx/xx/2xxx P.S. xxx Town, as per the law, which is pending in the court
of Mr. xxx xxx III, Ld. Additional Session Judge, xx xx, Xxxxx Court Complex,
New Delhi 1100xx, and the Petitioner No. 1 undertakes to co-operate in the
process of quashing of the said FIR, as per the law, and make necessary
statement or affidavit and also appear before Hon’ble High Court as and when
requires.
e) That,
the parties shall withdraw all proceedings/ cases / complaints filed by them
against each other or their family members, which they have; or have not
appraised to each other, on or before filing of second motion petition. Both
parties need to share the document showing the closure of proceeding / case /
complaint to the other PARTY on or before presentation of second motion petition.
f) That,
either PARTY shall not raise any claim or right over the properties (immovable
or movable) of the other PARTY or his/her parents and relatives in future under
any enactment prevailing or any enactment made in future, under any prevailing
or future circumstances on the basis of this matrimonial relationship.
g) That,
parties have consented that if any party breaches any of the terms, mutually
agreed as per said “MoU”, then the party breaching the terms will be liable to
pay a sum of Rs. xx,00,000/- to the other party ( aggrieved party) along with
the legal cost for recovery of the liability amount and it will also revive the
legal rights of the aggrieved party and it will be open for the aggrieved party
to restore the cases taken back.
8.
That the parties have not being
living together as husband and wife, more particularly they are living
separated since Xxxxx, xxxx as bachelors.
9.
That all the disputes regarding the
articles of Stridhana, Jewelry and other valuable articles as well as any maintenance,
alimony or any other monetary benefites have already been settled between the
parties. No claim of either party in this regard has been left over and every
thing has been settled by the parties amicably.
10.
That the parties or his/her relative
shall not claim of any nature on the other parties or on his/her relative or
friends.
11.
That the consent of the either
parties to the petition, has not been obtained by force, fraud, undue
influence, connivance, collusion or pressure from any corner whatsoever. The
petitioners to the present petition have mutually and amicably agreed that
their marriage should be dissolved by way of decree of divorce by mutual
consent, as they could not live together due to their temperamental
differences.
12.
That the parties will withdraw all
the cases pending between them (if any) and both the parties undertake not to
initiate any legal proceeding against each other in future as all their claims
/ disputes with respect to this marriage stand settled and the parties to the
petition are left with no claim whatever against each other.
13.
That the petitioner no. 1 and
petitioner no. 2 undertake to this Hon’ble court to remain bound by the
aforesaid terms of the petition and not to withdraw or back out from the
settlement or motion.
14.
That there is no collusion between
the petitioner no. 1 and petitioner no. 2.
15.
That there has not been any improper
and unnecessary delay in filing of this petition.
16.
That there is no legal ground as to
why the relief should not be granted.
17.
That the place of residence of the
petitioner No.1 is at New xxxxx, which is within the Territorial Jurisdiction
of this Hon’ble court. Therefore, this Hon’ble court has jurisdiction to try
and entertain the present petition.
18.
That the requisite fixed court fee
has been paid herewith.
PRAYER
That
the Petitioner No.1 and the Petitioner No. 2 most respectfully pray to this
Hon’ble Court that:
(A.)
The marriage between the parties
solemnized on xx.xx.xxxx be dissolved by a decree of dissolution of marriage
under section 13-B (1) of the Hindu marriage act, 19xxxx.
(B.)
To pass any such other or further
orders this Hon’ble court may deem fit and proper in the light of facts and
circumstances of the present case.
PETITIONER
NO.1
PETITIONER
NO.2
VERIFICATION :-
We,
the above mentioned Petitioners, do hereby verify on solemn affirmation that
the contents of paras 1 to 9 of the petition are true and correct to our
knowledge and those of paras 10 to 19 are true upon information received and
believed to be true and correct by us. Last para is humble prayer to this
Hon’ble court.
Verified
at Delhi on this the ______day of December, 2021
PETITIONER
NO.1 PETITIONER NO.2.
IN
THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
XXXXX
COURTS, NEW DELHI
H.M.A
PETITION No. _____________ 2021
IN
THE MATTER OF;-
Xxxxx Xxxxx .…Petitioner
No. 1
Versus
Xxxxx Xxxxx ….Petitioner
No. 2
AFFIDAVIT
I, Xxxxx Xxxxx,
aged about xxx yrs., W/o. Sh. Xxxxx Xxxxx, D/o. Sh. xxx. Xxxxx R/o: House no. xxxx, xx xxxx, Near xxxx
Nagar, Delhi-1100xx presently at Delhi do here by solemnly affirm and declare herein as
under :-
1.
That
I am the petitioner No.1 in the present matter and am fully conversant with the
facts and circumstances of the present matter.
2.
That I was married to petitioner no. 2 on Xxxxx,
according to Hindu rites and ceremonies.
3.
That I have been living separately from petitioner
no. 2 ever since Xxxxx xxxxx and since then never resided together as husband
and wife thereafter. I say on oath that I do not wish to live with my husband
(petitioner no. 2) any further.
4.
That I have consented for dissolution of marriage
with petitioner no. 2 voluntarily of my own accord, free Will, volition,
without any kind of pressure,
inducement, undue influence, coercion, compulsion, force or fraud.
5.
That all the disputes regarding the articles of
Stridhana, Jewelry and other valuable articles as well as any maintenance,
alimony or any other monetary benefites have already been settled with
Petitioner No 2. No claim of either party in this regard has been left over and
every thing has been settled by the parties amicably.
6.
The Parties to this petition have taken a decision
to break their matrimonial ties keeping in view their family welfare and better
prospects.
7.
The parties have been living separately since Xxxxx xxxxx
and the parties have mutually agreed that their marriage be dissolved.
8.
That
the petition U/S. 13-B (1) of the Hindu Marriage Act, 19xxxx has been drafted
by my counsel under my instructions and the contents of the same are true and
correct to my knowledge and nothing material has been concealed there from.
DEPONENT
VERIFICATION: -
Verified
at Delhi on this _____day of December 20__ that the contents of the present
affidavit are true and correct to my knowledge and nothing has been concealed
there from.
DEPONENT
IN
THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
XXXXX
COURTS, NEW DELHI
H.M.A
PETITION No. _____________ 2021
IN
THE MATTER OF;-
Xxxxx Xxxxx .…Petitioner
No. 1
Versus
Xxxxx Xxxxx ….Petitioner
No. 2
AFFIDAVIT
I, Xxxxx Xxxxx , aged about xx
yrs., S/o. Late Sh. Xxxxx Xxxxx R/o. House No. xxx, Block-B, Pocket xx, Sector 11 Delhi - 1100xx, do, hereby solemnly affirm and declare herein as
under :-
1.
That I am the petitioner No.2 in the present matter
and am fully conversant with the facts and circumstances of the present matter.
2.
That I was married to petitioner no.1 on xxxxxxxx,
according to Hindu rites and ceremonies.
3.
That I have been living separately from petitioner
no. 1 ever since Xxxxx xxxxx and since then never resided together as husband
and wife thereafter. I say on oath that I do not wish to live with my wife
(petitioner no. 1) any further.
4.
That I have consented for dissolution of marriage
with petitioner no. 1 voluntarily of my own accord, free Will, volition,
without any kind of pressure, inducement, undue influence, coercion,
compulsion, force or fraud.
5.
That all the disputes regarding the articles of
Stridhana, Jewelry and other valuable articles as well as any maintenance,
alimony or any other monetary benefites have already been settled with
Petitioner No 1. No claim of either party in this regard has been left over and
every thing has been settled by the parties amicably
6.
The Parties to this petition have taken a decision
to break their matrimonial ties keeping in view their family welfare and better
prospects.
7.
The parties have been living separately since Xxxxx xxxxx
and the parties have mutually agreed that their marriage be dissolved.
8.
That the petition U/S.13B (1) of the Hindu Marriage Act,
19xxxx has been drafted by other counsel under my instructions and the contents
of the same are true and correct to my knowledge and nothing material has been
concealed there from.
DEPONENT
VERIFICATION: -
Verified
at Delhi on this _____ day of December 20__ that the contents of the present
affidavit are true and correct to my knowledge and nothing has been concealed
there from.
DEPONENT
IN
THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
XXXXX
COURTS, NEW DELHI
H.M.A
PETITION No. _____________ 2021
IN
THE MATTER OF;-
Xxxxx Xxxxx .…Petitioner
No. 1
Versus
Xxxxx Xxxxx ….Petitioner
No. 2
AFFIDAVIT OF PETITIONER NO.
1 IN COMPLIANCE OF JUGMENT PASSED BY HON’BLE DELHI HIGH COURT IN CASE TITLED AS
“RAJAT GUPTA VERSUS RUPALI GUPTA” DATED 1xx.0xx.2018.
I,
Xxxxx Xxxxx,
aged about 3xx yrs., W/o. Sh. Xxxxx Xxxxx, D/o. Sh. R.C. Xxxxx R/o: House no. B-xx/1, New Xxxx, Near
Xxxx Nagar, Delhi-1100xx presently at Delhi do here by solemnly affirm and declare herein as
under :-
1.
That I am the
petitioner No.1 in the present matter and am fully conversant with the facts
and circumstances of the present matter and as such am competent to swear this
affidavit.
2.
That during
the period of separation, both the parties made efforts for settling the
disputes where the parties had settled their disputes and differences vide
Memorandum of Understanding dt. xx/xx/xxxx and agreed to dissolve their
marriage through divorce by mutual consent on the grounds / terms and
conditions as mentioned in the accompanying Memorandum of Understanding
(hereinafter referred to as “MoU”),
the contents of which may be read as part and parcel of the present affidavit
and are not repeated herein for the sake of brevity.
3.
That
the deponent shall remain bound with the contents of aforesaid MoU.
4.
That
it is agreed by the deponent that the deponent has clearly understood the terms
and conditions of the aforesaid MoU in vernacular and moreover, the deponent
has acted upon the MoU and part which is capable of being acted upon today is
acted upon today itself.
5.
That the deponent undertakes to
abide by the terms and conditions set out in the aforesaid MoU and his
statement which is recorded by this Hon’ble Court and shall not dispute the
same in future.
6.
The aforesaid MoU has been arrived
out of my own free Will, volition and consent without their being any fraud,
undue influence, coercion, misrepresentation or mistake (Both law and in fact)
and in form whatsoever.
7.
That the deponent shall be liable
for penal consequences in case of breach or non-compliance of the aforesaid
MoU.
8.
That the deponent states that this
is his true and correct statement
DEPONENT
VERIFICATION:-
Verified
at Delhi on this the ___ day of December 20__ that the contents of the above affidavit
are true and correct to my knowledge and nothing material has been concealed
therefrom and no part of it is false.
DEPONENT
IN
THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
XXXXX
COURTS, NEW DELHI
H.M.A
PETITION No. _____________ 2021
IN
THE MATTER OF;-
Xxxxx Xxxxx .…Petitioner
No. 1
Versus
Xxxxx Xxxxx ….Petitioner
No. 2
AFFIDAVIT OF PETITIONER NO.
2 IN COMPLIANCE OF JUGMENT PASSED BY HON’BLE DELHI HIGH COURT IN CASE TITLED AS
“RAJAT GUPTA VERSUS RUPALI GUPTA” DATED 1xx.0xx.2018.
I, Xxxxx Xxxxx , aged about xx
yrs., S/o. Late Sh. Xxxxx Xxxxx R/o. House No. xxx, Block-x, Pocket xx, Sector 11 Delhi - 11008xx, do, hereby solemnly affirm and declare herein as
under :-
1.
That I am the
petitioner No.2 in the present matter and am fully conversant with the facts
and circumstances of the present matter and as such am competent to swear this
affidavit.
2.
That during
the period of separation, both the parties made efforts for settling the
disputes where the parties had settled their disputes and differences vide
Memorandum of Understanding dt. xx/xx/xxxx and agreed to dissolve their
marriage through divorce by mutual consent on the grounds / terms and
conditions as mentioned in the accompanying Memorandum of Understanding (hereinafter
referred to as “MoU”), the contents
of which may be read as part and parcel of the present affidavit and are not
repeated herein for the sake of brevity.
3.
That
the deponent shall remain bound by the contents of aforesaid MoU.
4.
That
it is agreed by the deponent that the deponent has clearly understood the terms
and conditions of the aforesaid MoU in vernacular and moreover, the deponent
has acted upon the MoU and part which is capable of being acted upon today is
acted upon today itself.
5.
That
the deponent undertakes to abide by the terms and conditions set out in the
aforesaid MoU and his statement which is recorded by this Hon’ble Court and
shall not dispute the same in future.
6.
The
aforesaid MoU has been arrived out of my own free Will, volition and consent
without their being any fraud, undue influence, coercion, misrepresentation or
mistake (Both law and in fact) and in form whatsoever.
7.
That
the deponent shall be liable for penal consequences in case of breach or
non-compliance of the aforesaid MoU.
8.
That
the deponent states that this is his true and correct statement.
DEPONENT
VERIFICATION:-
Verified
at Delhi on this the ___ day of December 20__ that the contents of the above affidavit
are true and correct to my knowledge and nothing material has been concealed
therefrom and no part of it is false.
DEPONENT
IN
THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
XXXXX
COURTS, NEW DELHI
H.M.A
PETITION No. _____________ 2021
IN
THE MATTER OF;-
Xxxxx Xxxxx .…Petitioner
No. 1
Versus
Xxxxx Xxxxx ….Petitioner
No. 2
ADDRESS
FORM
The address of the petitioners
are as under:-
|
Name with Father’s Name |
Caste |
Resident of |
Post Office |
Tehsil |
District |
Remarks |
Xxxxx Xxxxx
W/o
Xxxxx Xxxxx,
D/o
R.C. Xxxxx
R/o: House no. B-xx/1,
New Xxxx, Near Xxxx Nagar,
Delhi-1100xx1.
Mob:
9xx82000070
Email:
xxxxxxxxxx16@gmail.com
Aadhar
Card: xxxxxxxxxxxxx
….Petitioner No. 1
Versus
Xxxxx Xxxxx,
S/o
Late
Xxxxx Xxxxx,
R/o
House No. xxx, Block-B, Pocket xx,
Sector
11 Delhi - 11008xx .
Also
at :-
xxxxxxxxxxxxxxxxxxxx
Opp xxxxxxxxxxxxx, Delhi – 1100xx.
Mob:xxxxxxxxxxxxx
Email:xxxxx.xxxxx@gmail.com
Aadhar
Card: xxxxxxxxx ….Petitioner
No. 2
Sir,
All the Summons, Notices, Orders
etc. in connection with the above suit be sent to me at the address given
above.
In case of any change in address,
the same shall be communicated to with full particulars and details.
Signature of Petitioner No. 1 and 2
हर साल 108000 से ज्यादा पुरुष आत्महत्या कर रहे हैं इनके और इनके परिवार वालों की भी सोचो, मत इनको मौत के मुँह में धकेलो
अगर नेता पुरुषो से इतनी नफरत करते है, उनके लिए कोई कानून , मंत्रालय , आयोग नहीं बना सकते तो पुरुष इनको वोट क्यों दे ?
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