DRAFT NO.

2: DIVORCE PETITION (MUTUAL CONSENT)

IN THE COURT OF THE HON’BLE CIVIL JUDGE SENIOR DIVISION

PUNE, AT PUNE

M.P. NO. 986/2018

Mr. AAA
Age about 33 years, Occupation: Professor
Presently residing at Pune
PETITIONER NO. 1

AND

Mrs. BAA
Age about 34 years, Occupation: Interior Designer
Permanently residing at Pune
PETITIONER NO. 2

PETITION UNDER SECTION 13-B OF THE HINDU MARRIAGE

ACT, 1955 READ WITH SECTION 7(1) OF THE FAMILY COURTS ACT

THAT THE PETITIONERS ABOVENAMED MOST RESPECTFULLY

SHOWETH:
1. The Petitioners herein are Hindus domiciled in India. The
marriage between the Petitioners took place on 21st January,
2010 at Pune according to the rites and ceremonies of the
Hindu religion. The Petitioners state that the Petitioner No.1
was a spinster and the Petitioner No. 2 was a bachelor, before
the said marriage and that there are no issues out of the said
wedlock. It is further submitted that presently the parties have
been residing separately since the 3rd of May, 2017.
2. That a female child, by the name of DDD, now aged 3 years, was
born out of the wedlock between the parties on 26th February,
2010. The said daughter of the parties is presently residing
with petitioner No. 2 at the residence of the latter’s parents and
it has been mutually agreed between the parties that their
 daughter would remain in the care and custody of petitioner No.
2, however, subject to the visitation rights of petitioner No. 1.
3. The Petitioners state they last resided together at Thane,
Maharashtra.
4. That the Petitioners herein have had irreconcilable differences
and have realized that their choices, tastes, temperaments,
habits, nature, and ideologies differ from each other in such a
way that it is unable to sustain a proper life of matrimony any
further.
5. The Petitioners state that due to incompatibility, both the
Petitioners started having disputes with each other, as a result
of which, it has become difficult for them to live together as
husband and wife.

6. The Petitioners state that incompatibility with each other made

it difficult for them to co-exist and they stopped cohabiting and
accompanying each other as husband and wife since 3 rd May
2017. Petitioner No. 1 and the Petitioner No. 2 are residing
separately since 3rd May 2017. Thus, the parties have been
residing separately for more than one year prior to the
filing of the present petition.

6. The Petitioners state that the differences between them have

reached to such a stage that it is not possible for them to
reconcile. The Petitioners have tried their best to have
reconciliation for a happy domesticity, but they have been very
unfortunate to bring about the same. That relatives and friends of
the Petitioners also tried to bring about reconciliation between
Petitioners but their efforts have failed. The Petitioners seek to
amicably end their relation, so as to prevent any further
obstacles. The Petitioners have therefore decided to file this
petition U/s. 13- B of Hindu Marriage Act, 1955 for divorce by
 Mutual Consent, on certain terms and conditions mentioned
herein below:

(a) The marriage between the Petitioners dated 21st January,

2010 shall be dissolved by a decree of divorce under Section 13B
of the Hindu Marriage Act, 1955.

(b) The Petitioner No. 2 claims no permanent alimony or

maintenance from the Petitioner No. 1 for herself.

(c) The Petitioner No. 2 has in her possession all her

belongings and shall not raise any claims against the Petitioner
No. 1 in that regard in the future.

(d) That apart from what has been mentioned herein above, the
Petitioners shall not have any claim in each other’s property, movable
or immovable in future.

(e) The Petitioners are hereby withdrawing all the allegations

made by them against each other in the past and undertake not
to make any allegations against each other in the future. They
undertake not to file any litigations against each other in the
future.

7. The Petitioners state and submit that no other petition is pending

between them either in this Hon’ble Court or in any other Court
in India.

8. The Petitioners have filed this petition out of their own free will,
no fraud, force or undue influence has been played upon them
while filing the present Petition.
 9. There is no collusion between the Petitioners in filing the
present petition.

10. The Petitioners state that they have been residing separately for a
period of more than one year prior to the filing of the present
petition.

11. The Petitioner No. 2 is presently residing at Wakad, Pune which

is within the jurisdiction of this Hon’ble Court, as mentioned
hereinabove and hence this Hon’ble Court has jurisdiction to
entertain and try the present Petition.

12. The Petitioners have paid court fees of Rs. 100/- on this Petition.

13. The Petitioners therefore, most humbly pray:

a) that the marriage solemnized between the Petitioners on 21st

January, 2010 may kindly be dissolved by a decree of divorce
by mutual consent under Section 13-B of the Hindu Marriage
Act, 1955, on the terms and conditions mentioned
hereinabove;

b) Any other just and equitable orders may be passed in the

interest of justice.
PUNE

DATED: - 16/08/2018 PETITIONER NO. 1

ADVOCATE FOR PETITIONERS PETITIONER NO. 2

 VERIFICATION

I, Mr. AAA Aged about 33 years, Occupation: Professor, the Petitioner

No. 1 abovenamed, do hereby state on solemn affirmation that the
contents of the above petition are true and correct to the best of my
knowledge, information and belief. Solemnly affirmed on this 27 th day
of the month of July, 2018, at Pune.

PETITIONER NO. 1

VERIFICATION

I, Mrs. BAA, Aged about 34 years, Occupation: Interior Designer, the

Petitioner No. 2 abovenamed, do hereby state on solemn affirmation
that the contents of the above petition are true and correct to the best
of my knowledge, information and belief. Solemnly affirmed on this
27th day of the month of July, 2018, at Pune.

PETITIONER NO. 2