IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
PATIALA
Gita Devi aged 23 years, W/o Sukhwinder Singh, D/o S.
Mahaveer Singh, Resident of Village Raipur Mandla, Patiala
----Petitioner no.1
AND
Sukhwinder Singh aged 34 years, S/o Sh. Ram Asra, Resident of
Village Daun Kalan, Patiala.
----Petitioner No.2
Petition under section 13-B of the Hindu
Marriage Act, 1955 as amended up to date
for the dissolution of marriage by a decree
of divorce by mutual consent.
SIR,
RESPECTUFLLY SHOWETH :-
1. That a marriage was solemnized between the Petitioner
No.1 and petitioner No.2 on 24.01.2019 as per Sikh Rites
by way of Anand Karaj ceremonies at Village Daun Kalan
Tehsil and District Patiala. An affidavit duly sworn is
appended herewith.
2. That the status and place of parties to the petition before
and at the time of filing present petition were/is as
follows :-
HUSBAND WIFE
Status Place of Status Place of
Residence Residence
Before Sikh Village Daun Hindu Village Raipur
Marriage Un-Married Kalan, Patiala Un-Married Mandla, Distt.
Patiala
At the Sikh -do- Sikh -do-
time of Married Married
filing of
present
petition
3. That after the marriage between the petitioners they lived
and cohabited together as husband-wife at Patiala, and
from the wedlock of the parties One daughter namely
Simarjeet Kaur born on 21.11.2019 and one son namely
Sukhveer Singh born 30.01.2022.
4. That due to certain reasons, temperamental differences
arose between the parties they could not pull on together
despite their best efforts and ultimately, they started
living separately from each other from April 2022 and
since then the parties have not been able to live together.
5. That there are no chances of reconciliation between the
parties as many efforts have been made and both the
parties have been made to understand about their life, but
all in vain.
6. That now at the intervention of certain respectables, the
elders of the family, relatives and well-wishers of the
parties, a compromise has been effected between the
parties to the Petition. The said compromise has been
effected between the parties on the following terms and
conditions: -
(a). That the Petitioner No.1 & Petitioner No.2 have
already settled their all the claim against each other
and Petitioner No. 1 shall not demand or claim any
amount on account of her past, present or future
maintenance from Petitioner no. 2.
(b). That the Petitioner No.1 has received all her dowry
articles/Istri Dhan, which were with the petitioner
no.2 and thereafter no further claim shall be made
by the Petitioner No.1 or anyone else on her behalf
against the Petitioner No.2 or any of his other family
members at any point of time and at any forum
including any Court of Law regarding the same.
Similarly, the Petitioner No.2 has received all the
articles given to petitioner no.1 at the time of
marriage and he will not raise any further claim from
petitioner no.1 or any of her other family members
at any point of time and at any forum including any
Court of Law.
(c). That since the parties are blessed with a daughter
and a son, as such the parties have mutually agreed
that custody of both the children Simarjeet Kaur and
Sukhveer Singh shall remain with Petitioner No.2 and
he shall be alone fully responsible for their all kind of
past/present/future maintenance. Both the children
of the Petitioners Simarjeet Kaur and Sukhveer Singh
now have no right, title or concern with the Petitioner
No.1 and they shall not claim any maintenance from
the Petitioner No.1 or raise any claim from her
properties. The Petitioner No.1 will not claim the
custody of the children from the Petitioner No.2 in
future.
(d). That both Petitioner No.1 & 2 have also agreed not to
file any Civil/ Criminal / Matrimonial Case or
Application against each other or against any of their
family members in any Court of Law or before any
other authority in future i.e. after this compromise as
both the parties now want to live peacefully.
(e). That the parties having effected a compromise as
aforesaid, have agreed and decided to get their
marriage dissolved by a Decree of Divorce by mutual
consent under Section 13-B of the Hindu Marriage
Act, 1955 and therefore, the present petition has
been filed in this Hon'ble Court by the parties.
(f). That both the Petitioners shall be free to perform
their marriage with any other suitable match as per
their respective choice and sweet will, in accordance
with Law.
7. That the above referred compromise has been effected
between the parties i.e. Petitioner No.1 and Petitioner No.2
without any threat, coercion, mala fide intention or any
pressure of any sort/kind from any side upon any of the
parties to the compromise. This compromise was orally
disclosed to the parties before they entered into a
compromise and the same having been reduced into
writing in the form of the present petition, has been read
over to the parties. Thereafter, both the parties having
understood the contents therein and after admitting the
factum of the said compromise have agreed to it.
8. That the present petition has not been filed in collusion
between the parties and both the parties have signed this
petition with their free Will and consent.
9. That the present petition is being filed without any
unnecessary and improper delay and after the lapse of
mandatory period of one-year separation.
10. That the marriage was solemnized at Village Daun Kalan,
Tehsil and Distt. Patiala and also both the petitioners are
resident of Patiala, hence this Hon'ble Court has got
ordinary original civil jurisdiction to try hear and decide
the present petition.
11. That the requisite Court Fee of Rs. 50/- has duly been
affixed on the petition.
12. That in view of the above, the marriage of the parties to
the petition is liable to be dissolved by a Decree of Divorce
by Mutual Consent under Section 13-B of the Hindu
Marriage Act, 1955.
It is, therefore, prayed that this petition may kindly
be accepted and the marriage of the parties may kindly be
ordered to be dissolved by way of passing a Decree of
Divorce by Mutual Consent under Section 13-B of the
Hindu Marriage Act, 1955.
Submitted By,
Dated:
(Gita Devi)
--- Petitioner No.1
(Sukhwinder Singh)
--- Petitioner No.2
Through Counsel
(Harpreet Kaur)
Advocate, Patiala
Verification:-
Verified that the contents of the Petitioner from paras No.1
to 9 are true and correct to the best of our knowledge and
paras No. 10 to 12 are correct to our belief.
Verified at Patiala on this ______ day of _____________.
Gita Devi Sukhwinder Singh
Petitioner No.1 Petitioner No.2
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
PATIALA
Gita Devi AND Sukhwinder Singh
In the matter of petition under section 13-
B of the Hindu Marriage Act, 1955
AFFIDAVIT
I, Geeta Devi aged 23 years, W/o Sukhwinder Singh, D/o S.
Mahaveer Singh, Resident of Village Raipur Mandla,
Patiala, do hereby solemnly affirm and declare as under:-
1. That marriage of the deponent with petitioner no.2 was
solemnized on 24.01.2019 as per Sikh Rites by way of
Anand Karaj ceremonies at Village Daun Kalan Tehsil and
Distt. Patiala.
2. That after the marriage between the petitioners lived and
cohabited together as husband and wife at Patiala and
from the wedlock of the parties one daughter namely
Simarjeet Kaur and one son namely Sukhveer Singh were
born.
Deponent
Verification:-
I further state on oath that the contents of my above
affidavit are true and correct to the best of my knowledge
and belief.
Verified at Patiala.
Dated:
Deponent
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
PATIALA
Geeta Devi AND Sukhwinder Singh
In the matter of petition under section 13-
B of the Hindu Marriage Act, 1955
AFFIDAVIT
I, Sukhwinder Singh aged 34 years, S/o Sh. Ram Asra,
Resident of Village Daun Kalan, Patiala. do hereby
solemnly affirm and declare as under :-
1. That the marriage of the deponent with petitioner no.1 was
solemnized on 24.01.2019 as per Sikh Rites by way of
Anand Karaj ceremonies at Village Daun Kalan Distt.
Patiala.
2. That after the marriage between the petitioners lived and
cohabited together as husband and wife at Patiala and
from the wedlock of the parties one daughter namely
Simarjeet Kaur and one son namely Sukhveer Singh were
born.
Deponent
Verification:-
I further state on oath that the contents of my above
affidavit are true and correct to the best of my knowledge
and belief.
Verified at Patiala.
Dated:
Deponent
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
PATIALA
Gita Devi AND Sukhwinder Singh
In the matter of petition u/s 13-B of H.M. Act
****
Application for permission to engage the
counsel.
******
Sir,
It is respectfully, submitted as under:-
1. That the above titled petition is being filed today before
this Hon'ble Court.
2. That the applicants being layman are unaware of the
intricacies of law and as such, request permission to
engage Harpreet Kaur, Advocate, Patiala to proceed with
the petition as amicus curiae.
It is therefore prayed that the application may kindly be
allowed and the petitioners/applicants may be allowed to
engage their counsel Sh. Amit Kumar, Advocate, in the interest
of justice.
Submitted by
Dated:
---Petitioners
