Joint Affidavit

BEFORE HON’NLE COURT OF JUDICIAL MAGISTRATE, MUMBAI.

Divorce Petition No. _______/2016

MANISH PANCHAL Petitioner -1

V/s

RUPALI PANCHAL 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 30-Jan-1996 at Veer Savarkar Marriage Hall on Thursday, in Mumbai
as per Hindu Vedic Rites and Rituals. Petitioner -1 as was bachelor and
Petitioner -2 was spinster. Maiden name of the Petitioner -2 was Ms.
Rupali Sawant. There is one Son out of this matrimonial wedlock namely
Yash Panchal born on 06-Jul-1998.
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 a year i.e from
18th Nov 2015 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
a) That it has been mutually agreed between the parties that party of
the Second Part does not wish to claim any amount for her goodself .
b) That it has been further mutually agreed that both the parties are
hereby applying before the Family Court at Mumbai 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.
c) That it is further mutually agreed that out of 50000 Thousand e
( Fifty Thousand Rupees ) shall be paid by First Party to Second Party at
the time of recording statements of the parties in the court on the
presentation of First Motion of the divorce petition.
d) That any other complaint / all other complaints / cases filled by
party of the Second Part against party of the First part and his family
members shall be treated as withdrawn / closed.
e) That party of the Second Part and Son Yash shall make no further
claim / right against any movable or immoveable property of party of
First Part or his family members.
f) 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.
g) 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.
h) 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.
3. That only two sets of present agreement are being prepared in-
original for being kept by each party separated
3. That the parties last lived/cohabited at, Mumbai. within the
jurisdiction of this court.
3. On 18/11/2015 both petitioner started living separate and there is
no matrimonial relationship between them, from 18/11/2015both
petitioner not sharing any house or not in any kind of husband and wife
relationship.
3. That both the parties have decided to dissolve the marriage.
3. That the above petition is bona fide and not presented in collusion
between the parties.
3. 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, Mr. Manish Panchal, Age:44 years, R/at: D-4, Plot No214, Angariki
Society, Gorai II, Borivali West Mumbai 400092. 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, Miss/Mrs. _______________, Age:____ years, R/at: Flat no
____________________________, Mumbai - 400000. 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 Mumbai

(Signature) Petitioner 2