BEFORE THE HON’BLE JUDGE FAMILY COURT, BANDRA

P.F. No. ____/2018

Shri AAA Petitioner 1.

S/o Shri ABC

Age 37, Occupation- Business Man

33/4 Oman Complex, Bandra East

And

Shrimati BAA Petitioner 2.

D/o Shri XYZ

Age 35, Occupation- Doctor

21/3, Silver Line Apartment, Bandra West

PETITION UNDER SECTION 13B OF THE HINDU MARRIAGE ACT, 1956

The Petitioners most Humbly submits as follows-

1. That the Petitioners, professes Hindu Religion and are governed by the laws applicable

to the Hindu Community. The Petitioner No.1 was married to the Petitioner No.2, the

marriage having been solemnized on 04.04.2016 in Pune, according to the Hindu rites

and customs. The said marriage of the Petitioner No.1 with the Petitioner No.2 was an

arranged marriage. After the marriage with the Petitioner No.1, the Petitioner No.2

went to reside with the Petitioner No.1, at the house of the Petitioner No.1 at Thane. It

is submitted that the Petitioner No.2 cohabited with the Petitioner No.1 till May 2017.

The Petitioners have no issue during their aforesaid wed-lock.

2. That it may incidentally be stated that after the marriage, during the course of their co-

habitation, it was revealed that there are a grave and material differences of opinion

between the Petitioners. In recent past, the Petitioners have realized that their likings,

tastes of life, temperaments, ideas, ideologies, thinking, attitudes, aptitudes, intellectual

reactions, capacities, feelings, moods, habits, nature and life are so different from each

other that it would not be possible for them continue their marriage. The Petitioners

hereto have found that due to the differences of opinion there was constant tensions

amongst them and there are frequent altercations amongst the Petitioners herein. The

gravity of the altercations amongst the Petitioners is such that they are unable to cohabit

with each other. Since May 2017 the Petitioners are residing separately. During the

course of the period, the Petitioners have tried to reconcile, however there was no

positive results of the attempts for reconciliation. The Petitioners’ family and friends

have also intervened in on their behalf and they undergone counselling as well.

However, the same has been unsuccessful.

3. That the marriage between the is broken irretrievably. The Petitioners have realized

and have come to a conclusion that they cannot live happily together in the company of

each other. They have decided to severe their relationship of husband and wife and to

separate themselves.

4. That the Petitioners are residing separately for more than one year preceding the date

of the filing of the present petition. The Petitioners have mutually decided to get the

marriage between them dissolved on the following terms and conditions-

a. The Petitioner No. 2 being a qualified Doctor is in a position to maintain, and

she on her own does hereby forgo the right to maintenance against the Petitioner

No. 1.
 b. The Petitioners did not own any joint property or had a joint account and hence

they have no financial claims against each other

c. Petitioner No. 1 did not bring any streedhan into the marriage and hence there

is no claim with respect to the same.

d. The Petitioner No. 1 and the Petitioner No. 2 agrees that they not lay any further

claim against each other in future in any manner whatsoever.

e. Upon the dissolution of the marriage, the Petitioner No.1 and the Petitioner No.2

shall be at liberty to re-marry.

5. That there is no collusion between the Petitioners for filing the present petition, which

is being filed without any undue delay.

6. That the Ad Volarem Court fee is affixed on the present petition.

7. That the Petitioners are filing the documents as per list and craves leave to file more

documents at the appropriate time.

8. That the Petitioners submit they are residing within the local limits of the jurisdiction of

this Court, and hence, this Hon'ble Court has jurisdiction to try and decide this petition

in terms of Section 19 of the Hindu Marriage Act.

PRAYER
It is, therefore, humbly and respectfully prayed that this Hon’ble Court be pleased to –

i) Pass a decree of divorce, thereby dissolving the marriage dated -------, between the

petitioner No.1 and the petitioner No.2 herein, by way of decree of divorce by mutual

consent on the terms agreed upon amongst the petitioners.

ii) Grant any other relief or relief as this Hon’ble Court deems fit and proper in the facts

and circumstances of the case.

Bandra, September, 2018 PETITIONER NO.1

PETITIONER NO.2,
Advocate
Counsel for petitioner No.1

Advocate
Counsel for petitioner No.2
VERIFICATION
We, Shri. ABC, Age – 37 years and Shrimati BAA the Petitioners above named, residing

separately in Bandra do hereby state on solemn affirmation that what is stated in the above

paragraphs 1-8 is true & correct to the best of our knowledge & information, which we believe

to be true.

Bandra

Date:

PETITIONER NO.1

PETITIONER NO.2

Advocate
Counsel for petitioner No.1

Advocate
Counsel for petitioner No.2