Application For Waiving of 6 Months Cooling Period in Mutual Divorce Case

 

BEFORE THE PRINCIPAL JUDGE, FAMILY COURT, LUCKNOW Regular Suit No. of 2018 (Under Section 13B of Hindu Marriage Act) Filed on: 08-01-2018 Fixed For: 14-07-2018

Vishwa Nath Saxena, aged about 35 years, S/o Sri Rajeshwar Dayal(Husband), Resident of; Old Hyderabad, Kala Kanker House, New Hyderabad, Lucknow(U.P)226007 ---------Applicant/Petitioner ---------Applicant/Pet itioner No. 1 AND Smt Meenakshi Saxena, aged  about 29 years, W/o Vishwa Nath Saxena; R/o 432/21, New Hyderadbad, Lucknow-226007 Lucknow-226007 ---------Applicant/Petitioner ---------Applicant/Peti tioner No.2 Application for waiving of cooling period as stipulated under section 13B(2) of the Hindu Marriage Act,1955

That the Applicants/ Petitioners submit as under; 1. That th thee applic applicants ants/peti /petition tioners ers preferred preferred to file file the present present suit for divorce divorce by mutual mutual consent 13-B thepleased Hindu Marriage Act, 1955 08-01-2018 upon which this Hon’ble u/s Court hasof been to admit the same andondirected to be presented before the Mediation Centre. 2. Tha Thatt the applica applicants nts/pe /petit tition ioners ers appeare appeared d before before the med mediat iation ion cent center er whe where re the mediation was also closed as cohabitation between the parties to the marriage is not  possible and they are living separately since more than 4 years and there was no chance of coexisting with each other hence the mediation has been closed. 3. That du duee to living living separately separately since since more than than 4 years and have have pla plans ns to rese resettle ttle their  their  lives and move forward separately as they both found better options hence there is no  possibility between the parties to the petition to restitute, mediate or cohabit in future therefore expeditious dissolution of marriage is absolutely important for both parties for  their own better future. 4. That iin n view of the the circumstan circumstances ces as stated stated above, above, the cooling cooling period period of of 6 months months as stipulated under section 13-B(2) is liable to be waived off in the interest of justice of   both the parties to the the petition. Prayer

Wherefore, it is prayed that Hon’ble Court may graciously be please to waive-off the minimum cooling/waiting period of 6 months as stipulated under section 13-B(2) of the Hindu Marriage Act,1955 and pass the order and decree of Divorce by Mutual Consent expeditiously. The applicants/petitioners applicants/petitioners shall be grateful for this act of kindness.

Lucknow Dated:

Applicant/Pet. No. 1

Applicant/Pet. No.2

 

BEFORE THE PRINCIPAL JUDGE, FAMILY COURT, LUCKNOW Regular Suit No. of 2018 (Under Section 13B of Hindu Marriage Act)

Vishwa Nath Saxena, aged about 35 years, S/o Sri Rajeshwar Dayal(Husband), Resident of; Old Hyderabad, Kala Kanker House, New Hyderabad, Lucknow(U.P)226007 ---------Applicant/Petitioner ---------Applicant/Pet itioner No. 1 AND Smt Meenakshi Saxena, aged about 29 years, W/o Vishwa Nath Saxena; R/o 432/21, New Hyderadbad, Lucknow-226007 Lucknow-226007 ---------Applicant/Petitioner ---------Applicant/Peti tioner No.2  Affidavit in support support of the application application for waiving of of cooling period as as stipulated under  under   section 13B (2) of the Hindu Marriage Act,1955 I, Meenakshi Saxena, aged about 29 years years,, W/o Vishwa Vishwa Nath Saxena; R/o 432/21, 432/21, New Hyderabad, Lucknow-226007, Presently R/o C-1093/4 Indira Nagar, Lucknow, Lucknow, the deponent do hereby solemnly affirms and state on oath as under: 1. That That the dep depon onen entt is the petit petitio ione nerr No. No. 2, i.e. the wife wife in the above above menti mention oned ed regular suit and as such is fully conversant with the facts of the case as well as the depositions made hereunder. hereunder. 2. That th thee applic applicants ants/peti /petition tioners ers preferred preferred to file file the present present suit for divorce divorce by mutual mutual consent u/s 13-B of the Hindu Marriage Act, 1955 on 08-01-2018 upon which this Hon’ble Court has been pleased to admit the same and directed to be presented before the Mediation Centre. 3. Tha Thatt the applica applicants nts/pe /petit tition ioners ers appeare appeared d before before the med mediat iation ion cent center er whe where re the mediation was also closed as cohabitation between the parties to the marriage is not  possible and they are living separately since more than 4 years and there was no chance of coexisting with each other hence the mediation has been closed. 4. That du duee to living living separately separately since since more than than 4 years and have have pla plans ns to rese resettle ttle their  their  lives and move forward separately as they both found better options hence there is no  possibility between the parties to the petition to restitute, mediate or cohabit in future therefore expeditious dissolution of marriage is absolutely important for both parties for  their own better future. 5. That iin n view of the the circumstan circumstances ces as stated stated above, above, the cooling cooling period period of of 6 months months as stipulated under section 13-B(2) is liable to be waived off in the interest of justice of   both the parties to the the petition. (Deponent) VERIFICATION I, the above mentioned deponent do hereby solemnly affirm that the contents of Para 1 to Para 5 of this affidavit are true and correct to the best of my knowledge so help me GOD. Lucknow Dated: January, 2017

(Deponent)

Verified today the ….. day of January 2017 at Family Court Compound Lucknow

 

BEFORE THE PRINCIPAL JUDGE, FAMILY COURT, LUCKNOW Regular Suit No. of 2018 (Under Section 13B of Hindu Marriage Act)

Vishwa Nath Saxena, aged about 35 years, S/o Sri Rajeshwar Dayal(Husband), Resident of; Old Hyderabad, Kala Kanker House, New Hyderabad, Lucknow(U.P)226007 ---------Applicant/Petitioner ---------Applicant/Pet itioner No. 1 AND Smt Meenakshi Saxena, aged about 29 years, W/o Vishwa Nath Saxena; R/o 432/21, New Hyderadbad, Lucknow-226007 Lucknow-226007 ---------Applicant/Petitioner ---------Applicant/Peti tioner No.2  Affidavit in support support of the application application for waiving of of cooling period as as stipulated under  under   section 13B (2) of the Hindu Marriage Act,1955 I, Vishwa Nath Saxena, aged about 35 years, S/o Sri Rajeshwar Dayal, R/o 432/21, Old Hyderabad, Kala Kanker House, New Hyderabad Lucknow (U.P) 226007, the deponent do hereby solemnly affirms and state on oath as under: 1. Tha Thatt the deponen deponentt is th thee petition petitioner er No. 1, i.e. the husband husband in the above above ment mention ioned ed regular suit and as such is fully conversant with the facts of the case as well as the depositions made hereunder. hereunder. 2. That th thee applic applicants ants/peti /petition tioners ers preferred preferred to file file the present present suit for divorce divorce by mutual mutual consent u/s 13-B of the Hindu Marriage Act, 1955 on 08-01-2018 upon which this Hon’ble Court has been pleased to admit the same and directed to be presented before the Mediation Centre. 3. Tha Thatt the applica applicants nts/pe /petit tition ioners ers appeare appeared d before before the med mediat iation ion cent center er whe where re the mediation was also closed as cohabitation between the parties to the marriage is not  possible and they are living separately since more than 4 years and there was no chance of coexisting with each other hence the mediation has been closed. 4. That du duee to living living separately separately since since more than than 4 years and have have pla plans ns to rese resettle ttle their  their  lives and move forward separately as they both found better options hence there is no  possibility between the parties to the petition to restitute, mediate or cohabit in future therefore expeditious dissolution of marriage is absolutely important for both parties for  their own better future. 5. That iin n view of the the circumstan circumstances ces as stated stated above, above, the cooling cooling period period of of 6 months months as stipulated under section 13-B(2) is liable to be waived off in the interest of justice of   both the parties to the the petition. (Deponent) VERIFICATION I, the above mentioned deponent do hereby solemnly affirm that the contents of Para 1 to Para 5 of this affidavit are true and correct to the best of my knowledge so help me GOD.

Lucknow Dated: January, 2017

(Deponent)

Verified today the ….. day of January 2017 at Family Court Compound Lucknow