IN THE COURT OF DISTRICT JUDGE AT NOIDA
H.M.A. Petition No. ………of 2022
A…..s/o…….r/o………….Noida …………Petitioner No. 1
And
B…..w/o…….r/o………….Noida …………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,1955
Sir,
The Petitioners above named respectfully submit as under:
1. That a marriage was solemnized between the parties according to Hindu rites and ceremonies on 1st January 2019 at Noida. The said marriage is registered with the Registrar of Marriage. A certified copy of the relevant extract from the Hindu Marriage Register………is filed herewith. An affidavit , duly attested stating above facts has also been filed.
2. That the status and place of residence of the parties to the marriage before the marriage and at the time of filling the petition were as follows:
| Husband | Wife |
| Status | Age | Place of Residence | Status | Age | Place of Residence |
| (a) Before Marriage | |||||
| Hindu Bachelor | 32 Years | Noida | Hindu Virgin | 30 Years | Noida |
| (b) At the time of filing the petition | |||||
| Hindu Married | 33 Years | Noida | Hindu Married | 31 years | Noida |
3. That the parties to the marriage last resided together at………New Delhi. However, no child was born out of their wedlock.
4. That the parties to the petition separated on 15th February,2019. The parties are living separately since then and have also not been able to live together due to temperamental differences. The parties have to also not cohabited since then. There is no chance of reconciliation of marriage between the parties or resumption of normal marital relationship in future.
5. That the parties to the petition have mutually agreed that their marriage should be dissolved.
6. That the parties have decided to seek divorce by mutual consent on the following terms:
Petitioner No. 1 shall pay a sum of Rs………in all as FULL AND FINAL PAYMENT AND SETTLEMENT to the Petitioner No. 2 towards maintenance- present, past and future for Petitioner No. 2, stridhan, dowry in whatever form, alimony , or any other claim whatsoever that the Petitioner No. 2 may claim against Petitioner No. 1 due to said matrimonial relation, and thereafter, no claim will be left of Petitioner No. 2 against Petitioner No. 1.
7. That any other complaint/all other complaints/ cases filed by Petitioner No. 2 against Petitioner No. 1 and his family members shall be treated as withdrawn/closed.
8. That the petition 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.
9. That the petition is bona fide and not presented in collusion with each other.
10. That there has not been any unnecessary or improper delay in filing the petition.
11. That the marriage between the parties was solemnized at Noida. This Hon’ble Court there has jurisdiction to entertain and try this petition.
12. That there is no other legal ground why the relief should not be granted.
PRAYER
It is therefore prayed as under:
(i) That the marriage between the parties may be dissolved by a decree of divorce on the ground of mutual consent under Sec. 13-B(1) of the Hindu Marriage Act 1955.
(ii) That any other relief(s) which this court may deem fit and proper under the circumstances of the case may by passed in favour of petitioners.
Petitioner No. 1
Petitioner No. 2
Place:
Date: Through
Sd/-(Advocate)
VERIFICATION
The petitioners above-named, residing at………,do hereby solemnly declare and say that what is stated in paragraphs 1 to 7 is true to their down knowledge and what is stated in the remaining paragraphs 8 to 12 is stated on information and belief and they believe the same to be true.
Verified at Noida on this……..day of…………….2022.
Petitioner No. 1
Petitioner No. 2
Note:-
Describe the name, age, and date of birth of any children born out of wedlock between the parties, as well as the agreement on the custody of the children between the couple.
This petition has to be supported by separate Affidavits of Petitioners 1 and 2 as below:
IN THE COURT OF DISTRICT JUDGE AT NOIDA
H.M.A. Petition No. ………of 2022
A…..s/o…….r/o………….Noida …………Petitioner No. 1
And
B…..w/o…….r/o………….Noida …………Petitioner No. 2
AFFIDAVIT
Affidavit of A……..S/o and R/o……..Noida.
I, the deponent above-named, do hereby solemnly declare and affirm as under:
1. That I am Petitioner No. 1 in the above-stated petition which has been drafted under my instruction. The contents of the said petition are true and correct.
2. That I say that I was married to B at Noida on 1st January 2019 and we separated on 15th February 2019 and are living separately since then.
3. That I say I was bachelor before my marriage to B and my address before marriage and at the time of filing of this petition is …………..Noida.
4. That the parties have decided to seek divorce by mutual consent on the following terms:- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
5. That the mutual consent has not been obtained by force, fraud or undue influence.
6. That the petition is not presented in collusion with Petitioner No. 2.
Deponent
VERIFICATION
Verified at Noida on this………..day of …………..2022 that the contents of this affidavit are true to my knowledge, no part of it is false and nothing material has been concealed therefrom.
Deponent
Note: The other petitioner must also file an affidavit in the same format.