First Motion Application For Divorce By Mutual Consent Format
FIRST MOTION APPLICATION FOR DIVORCE BY MUTUAL CONSENT FORMAT
BEFORE THE COURT OF HON’BLE PRINCIPAL JUDGE, FAMILY COURT, xxxxxxxx
HMA /xxxxx
IN THE MATTER OF:
MS. A …PETITIONER NO.1
AND
MR. B …PETITIONER NO. 2
FIRST MOTION PETITION FOR DISSOLUTION OF MARRAIGE UNDER SECTION U/S 13-B OF HMA, 1955
1. The present joint petition is being filed by the Petitioner No. 1 and Petitioner No. 2 seeking dissolution of marriage by a decree of divorce U/s 13-B of HMA on the basis of mutual consent in light of settlement agreement dated 10.11.2020 executed between both parties.
2.That the status, age and place of residence of the parties at the time of solemnization of the marriage and at the time of filing of this petition were/as follows
| Husband(Petitioner) | Wife (Respondent) | |||||
| Status | Age | Place of Residence | Status | Age | Place of Residence | |
| At the time of Marriage | Single/Hindu | ______years and 11 months | Single/Hindu | |||
| At the time of filing petition | Married /Hindu | ______ | Married/Hindu | |||
4. That after marriage disputes and differences arose between the Petitioner No.1 and Petitioner No. 2. The Petitioner No.1 and Petitioner No. 2 could not live as Husband and Wife and all efforts of reconciliation have failed and parties are residing separately w.e.f. ___________. That despite best efforts, the parties have not been able to live together and they have mutually agreed to separate their ways and to dissolve the marriage in terms of the Settlement Agreement dated xxxxxxxx.
5.That now the Petitioner No. 1 is residing at _______________________________and Petitioner No. 2 is residing at __________________________.
6. The relevant para of the said settlement agreement are as under:
a. That both the parties agree to file divorce with mutual consent.
b. That the child namely xxxxx is already residing with the First Party/ wife.
c. That the second party shall pay a total amount of Rs.xxxxxxxx to the first party out of which _____________________________ is already received by the First Party vide DD No. _________________________each respectively dated ________.
d. Both the parties will file a mutual petition for divorce before the court of law on or before xxxxxx.
e. That the Parties to the Petition have been living separately w.e.f. _______________ from each other and have not been able to live together since then.
7. That the parties to the Petition have mutually agreed that their marriage should be dissolved.
8.That the mutual consent of the parties have not been obtained by force, fraud, or undue influence for filling the present petition.
9. That the both the parties state that the Present Petition has not been presented with collusion among each other.
10. That this court has the jurisdiction to try the Petition as the parties last resided together within the jurisdiction of this Hon’ble Court.
PRAYER
In light of the above, it is respectfully prayed that this Hon’ble court may graciously be pleased to:
I. Dissolve the marriage of the Petitioners by a decree of divorce by mutual consent;
II.Pass any order and other such orders as this Hon’ble Court may deem fit and proper in the interest of justice.
PETITIONER NO.1 PETITIONER NO. 2
VERIFICATION
We, the above named Petitioners, state on solemn affirmation that the contents of paragraphs ____ to _____of the above petition are true and correct to the best of our knowledge and belief. Last Paragraph is a prayer clause to this Hon’ble Court. Verified at New Delhi on this _______day of xxxxxxxxx.
PETITIONER NO.1 PETITIONER NO. 2
THROUGH
Place: New Delhi
Date:
