PETITION FOR DIVORCE BY MUTUAL CONSENT-BEFORE THE PRINCIPAL JUDGE-GUWAHATI

District:-Kamrup

IN THE COURT OF THE PRINCIPAL JUDGE::FAMILY COURT:: KAMRUP::AT GUWAHATI (ASSAM)

F.C.(CIVIL) CASE No.

/2009

IN THE MATTER OF: A petition under section 13B of the Hindu Marriage Act’1955 (Act 25 of 1955) as amended upto date for divorce by mutual consent. -ANDIN THE MATTER OF: SMTI. _________________

(Assam). …………First Petitioner -ANDIN THE MATTER OF: SHRI

………….Second Petitioner. The humble petition of the petitioners above named. MOST RESPECTFULLY SHEWETH: 1.

That, both the First Petitioner and the Second Petitioner are citizens of India and are presently residing at the aforesaid addresses.

2.

That, the petitioners are by faith and religion Hindus and till filling of the present petition they have never changed their religion.

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3.

That, the petitioners got married on in accordance with the Hindu rites and Assamese customs and the said marriage is still subsisting. Be it stated here that at the time of the marriage both the petitioners were of age above 21 years.

4.

That, immediately after marriage both the petitioners started to live at the Govt. Quarter of the father of the Second Petitioner at (Assam) as husband and wife.

5.

That, out of the said marriage a girl child named was born on . Be it stated here that the girl child of the petitioners is presently under the custody of her mother, that is, the First Petitioner who is taking due care of the child on her own without any taking any help from the Second Petitioner.

6.

That, although both the petitioners stated to live as husband and wife but their marriage did not pull together being of different ideas, habits, testes, thoughts and increasing incompatibility and soon the relationship between them deteriorated to such extent that frequent quarrels resulted in between them.

7.

That, several reconciliations were made by their families and friends but they could not adjust with one another and finally on the First Petitioner out of free will and accord broke the matrimonial home and withdrew herself from the society of the Second Petitioner alongwith the girl child with all her personal belongings and since then she has been living and residing at her father’s residence at , mentioned hereinabove and presently she has no desire nor any wish for any union with the husband .

8.

That, further efforts and attempts were made by mutual friends and family members of both the family to effect a reconciliation and for a resumption of the marital relationship but the same could not become possible owing to the huge differences of their temperaments and as such the married life of the petitioners become impracticable and impossible.

9.

That at present there is no love and/or emotional bonds in between the petitioners and if forceful reconciliation is made, there is ever chance of dangerous adverse physical and mental consequences.

10.

That, the First Petitioner states that she and the Second Petitioner have been separated and living apart for more than 2(two) years and the duration of cohabitation prior thereof was not in any case much more than a year.

11.

That, both the petitioners have now mutually agreed and decided that there is no reason for the continuance of the marital relationship and thus they have further mutually agreed upon dissolution of their marriage tie and hence this petition.

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12.

That, the petitioners have also mutually agreed that as the girl child is being taken care of by the mother, that is, the First Petitioner on her own without taking any help from the Second Petitioner, the custody of the girl child should remain in the hands of the First Petitioner.

13.

That, it is further mutually agreed that since the First Petitioner is earning daily bread for her and the girl child by running a business of her own, she decides not to claim for any maintenance alimony either for her or for the girl child from her husband, that is, the Second Petitioner.

14.

That, both the petitioners states that there is no impediment to the dissolution of the marriage.

15.

That, the cause of action for this petition arose on , when both the petitioners were married and all other subsequent dates thereafter till they have mutually decided that the marriage should be dissolved in the mutual interest of the petitioners.

16.

That, both the petitioners states that there are no other proceedings and/or cases pending before any other court of law with regard to their marriage.

17.

That, there has not been any unnecessary or improper delay in presenting this petition.

18.

That, this petition is filed bona fide and not presented in collusion between the petitioners. In the premises aforesaid, it is therefore prayed that YOUR HONOUR be pleased to pass a decree declaring the marriage solemnized between the First and the Second Petitioners under the Hindu Rites and Assamese Customs on be dissolved and/or be pleased to pass other relief as this Hon’ble Court may deem fit and proper. It is further prayed that the Petitioners be permitted to apply for the passing of the decree of dissolution on the expiration of 6(six) months from the filing hereof. And for this act, as in duty bound the Petitioners shall ever pray.

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VERIFICATION

We, (1) (Assam), the aforesaid First Petitioner and (2) SHRI (Assam), the aforesaid Second Petitioner, do hereby verifies that what is stated herein above are true to the best of our knowledge, information and belief. And We sign this verification on this the _______ day of ________________’2009 at Guwahati (Assam).

FIRST PETITIONER

SECOND PETITIONER Drafted by:- Mr. Indranil Gogoi, Advocate, Gauhati High Court.