Mutual consent Divorce petition

BEFORE THE HON’BLE FAMILY COURT AT CHENNAI O.P. No.

of 2007

1. MS.SINDHU VIJAYAKUMAR … 1st Petitioner 2. MR.VIJYAKUMAR … 2nd Petitioner PETITION FILED UNDER SECTION 13 - B OF THE HINDU MARRIAGE ACT 1955 R/w SECTION 7 OF THE FAMILY COURTS ACT, 1984 The Petitioners respectfully state the following: 1. The

1st

Petitioner

is

------------------------------------------------------------Chennai - 600092 which is her address for service of all the notices and processes of this Hon'ble Court.

2. The

2nd

Petitioner

is

Mr--------------------------------------------------------------------------------------------------, Chennai – 600 078 which is his address for service of all the notices and processes of this Hon'ble Court.

3. The Petitioners state that on 27.11.1996 the marriage solemnised in ---------------------------------------------------------------------------------------------------------------------, Chennai 600 017 as per the rituals, rites and customs of traditional Hindus, under the Hindu Marriage Act.

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4. It is submitted that the problem arose between the couple on the same year itself. The misunderstanding went to the extent of separation between the two. The petitioners’ elders in both the families tried to unite the couple but the efforts went futile. The incompatibility between the couple has broken down the marriage irretrievably. Hence the petitioners had decided to sever their matrimony by mutual consent.

5. It is submitted that the petitioners have blessed with one son named ------------------------------- was born on 02.09.1998 out of wedlock. The Second petitioner is agreed to have their son with the first petitioner.

6. It is submitted that the petitioners are living separately from 01.04.2006 the first petitioner has been living at ----------------------------------------, Chennai - 600092, the second petitioner has been living at ---------------------------------------, Chennai – 600 078.

7. It is submitted that the first petitioner agrees to waive her right of maintenance from the second petitioner and agrees not to claim past, present and future maintenance from the second petitioner. The first petitioner also gives up her right to claim lifetime settlement, alimony.

8. The Petitioners have exchanged their articles given during and after marriage vice – versa.

No claim of any article is pending between the

first petitioner and second petitioner.

9. It is submitted that both the petitioners agree not to interfere with the life of the other after the order of divorce by this Hon’ble Court.

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10. It is submitted that the efforts taken by the elders and friends to convince the petitioners were rendered nugatory.

11. It is respectfully stated that there is no collusion between the petitioners in filing the above petition before this Hon'ble Court for the dissolution of the marriage. 12. The petitioners are not filing this petition under any coercion, duress or undue influence.

13. The Petitioners agreed to pay Court Fee of Rs. 25/- as per article I Schedule II of Tamil Nadu Court Fees and Suit Valuation Act. 14. The petitioners submit that this petition is well within the jurisdiction of this Hon’ble Court and there is no other petition filed and pending in any court. 15. The cause of action for filing this petition arose on 27.11.1996 whereon the

marriage

between

the

parties

was

solemnized

at

---------------------------------------------------, Chennai 600 017 as per Hindu rites an customs and after the marriage both the petitioner and the respondent

resided

together

in

--------------------------------------------------------------------------------- is within the jurisdiction of this Hon’ble Court on subsequent dates whereon the marriage between the parties had broken down irretrievably on 01.04.2006 wherefrom the petitioners live separately from each other and all subsequent dates and events.

-4The Petitioners therefore respectfully prayed that this Hon'ble Court may be pleased to pass the Judgement and Decree; i)

Granting decree of divorce by dissolving the marriage of the Petitioner with the Respondent with took place on 27.11.1996 at ----------------------------------------------- Chennai 600 017;

ii)

Granting such further or other relief or reliefs as this Hon'ble Court may deem fit and necessary in the circumstances of the case.

Dated at Chennai on this the 18th day of May 2007.

1st PETITIONER

2nd PETITIONER VERIFICATION We, 1). ------------------------ 2). S. ---------------------------------------, the Petitioners above named do hereby declare that whatever stated above in paragraphs 1 to 15 are true and correct to the best of our knowledge, belief and information and we have verified and signed our name. Dated at Chennai on this the 18th day of May 2007.

1st PETITIONER

2nd PETITIONER

-5LIST OF DOCUMENTS FILED UNDER VII RULE 14(I) OF C.P.C _____________________________________________________________ SL. No.

Date

Particulars

Nature of Documents

_____________________________________________________________ 1.

27.11.1996

2.

--

Marriage Invitation Card

Original

Petitioners Marriage Photograph

Original

___________________________________________________________ Dated at Chennai on this the 18th day of May 2007. 1st PETITIONER

2nd PETITIONER LIST OF DOCUMENTS FILED UNDER ORDER VII RULE 14 (II) OF C.P.C. ________________________________________________________________ Sl. No. 1.

Date --

Particulars Passport of the 1st Petitioner

Nature of Document True copy

________________________________________________________________ Dated at Chennai on this the 18th day of May 2007.

1st PETITIONER

2nd PETITIONER VERIFICATION We, 1) ----------------------- 2) -----------------------------------, the Petitioners above named do hereby declare that whatever stated above are true and correct to the best of our knowledge, belief and information and we have verified and signed our name. Dated at Chennai on this the 18th day of May 2007.

1st PETITIONER

2nd PETITIONER -6STATEMENT OF ADDRESS FURNISHED UNDER ORDER VI RULE 14 (A) OF C.P.C 1. 1st PETITIONER

2. 2nd PETITIONER

: ------------------------------Chennai - 600 092 :

--------------------------------------------------------------, -----------------------------Chennai – 600 092

Dated at Chennai on this the 18th day of May 2007.

1st PETITIONER

2nd PETITIONER VERIFICATION We, 1).-------------------- 2). -------------------------------, the Petitioners above named do hereby declare that whatever stated above are true and correct to the best of our knowledge, belief and information and we have verified and signed our name. Dated at Chennai on this the 18th day of May 2007.

1st PETITIONER

2nd PETITIONER

BEFORE THE HON’BLE FAMILY COURT AT CHENNAI O.P. No.

of 2007

-------------------------------… 1st Petitioner -Vs--------------------------…2nd Petitioner

PETITION FILED UNDER SECTION 13 - B OF THE HINDU MARRIAGE ACT 1955 R/W. SECTION 7 OF THE FAMILY COURTS ACT, 1984

-------------------------------------------------------------------PETITIONERS-IN-PERSON

BEFORE THE HON’BLE FAMILY COURT AT CHENNAI O.P. No.

of 2007

---------------------------… 1st Petitioner -Vs----------------------------…2nd Petitioner

DOCUMENT No. -

PETITIONERS-IN-PERSON