IN THE COURT OF HON’BLE CIVIL JUDGE SENIOR
DIVISION, PUNE
Marriage Petition No. / 2018
1. SHRI RAHUL HANUMANT CHAVAN
Age:28 Yrs., occupation - service,
resident of Royale Rahadki Greens, Wing E,
Flat no 607, Shivraj Nagar, Pimpri Colony,
Pune-411017
Aadhar No.:367510937478
-------------------- Petitioner No.1
AND
2. SMT.KHUSHBOO W/O RAHUL CHAVAN
Age:31 Yrs., occupation - service,
R/at- C/o Maliram Saharia, Nayapara,
Baraipali SambalPur Sadar, Khetrajpur, Sadar Sambalpur
Odisha State-768003
Aadhar No.: 465435445386
------------------- ---Petitioner No.2
A PETITION FOR DIVORCE BY MUTUAL CONSENT U/S 13 (B)
OF THE HINDU MARRIAGE ACT,1955
The petitioners above named submit this petition, praying to state as
follows:
1. That, both the Petitioners 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.
3. That, the Petitioners got married on 29/11/2012 in
accordance with the Hindu religion, Vedic rites,
ceremonies, rituals and the said marriage is still
subsisting. Hence their marriage is governed under
Hindu Marriage Act, 1955. Said Marriage is
registered.
4. That, the Petitioner No.1 was bachelor and the
Petitioner No. 2 was spinter at the time of marriage.
Their marriage was solemnized at Solapur on
29/11/2012 according to the Hindu religion, vaidic rites
and ceremonies. Original copies of marriage
certificate dated 021/12/2012 and wedding
photograph are filed with this petition. Be it stated
here that out of this marriage no child was born.
5. That the Petitioner No. 2, prior to the marriage, was
known by her maiden name as Kumari. Khushboo
Maliram Saharia.
6. That, although both the Petitioners started to live as
husband and wife but their marriage did not pull
together being of different ideas, thinking, attitudes,
intellectual reactions, capacities, feelings, habits,
nature and life habits, tastes of life and thoughts. All
these factors contributed for increasing incompatibility
and soon the relationship between them deteriorated to
such extent that it would not be possible for them to
hit it off together in future. Both the Petitioners are
living separately from the month of January 2017.
7. That at present there is no love and/or emotional
bonds between the Petitioners and forceful
reconciliation is not possible.
8. 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 and
hence this petition.
9. It is mutually agreed between the Petitioners that, the
Petitioner No.1 will pay one-time settlement amount of
Rs. 5,57,000/- (Rupees five Lakh fifty-seven thousand)
to Petitioner No.2 for release of all claims including
claim of any future maintenance, alimony for her from
her husband, that is, the Petitioner No.1. It is further
mutually agreed that, settlement amount i.e. Rs.
5,57,000/- (Rupees five Lakh fifty-seven thousand) will
be paid by the Petitioner No.1 to the Petitioner No.2 at
the time of hearing of the second motion of mutual
consent divorce, either by demand draft or by RTGS
(Real Time Gross Settlement).
10. That, the Petitioners submit that the Petitioner No.2
will relinquish all her claims including any
maintenance alimony for her from her husband after
the realization of the payment made by the Petitioner
No.1 to the Petitioner No.2.
11. That, the Petitioners state that they have no claims
against each other and they have also settled the issue
of maintenance with mutual understanding. Also the
Petitioners have returned and exchanged their
respective articles, presents, ornaments, etc. The
Petitioner No.2 received all her stridhan, i.e. 1 bangle
set- 2pieces, 2 female rings , 1 male ring, 1 earring
set and 1 nose ring toady and she has acknowledged
the same and nothing is due from each other. The
Petitioner No.2 has relinquished all her rights and
claims on the jewellery items purchased by Petitioner
No.1 and his parents at the time of marriage. The
Petitioner No.2 has also relinquished all her rights and
claims on the movable and immovable property of the
Petitioner No.1 in future.
12. That , it is mutually agreed between the petitioners
that both the petitioners will not exchange or share
their personal images, personal chat, emails , or any
other personal information with any third person or on
any social media platform which will adversely affect
their image or reputation.
13. That, the Petitioners state that both petitioners
lastly resided together till January 2017 at Royale
Rahadki Greens , Wing E, Flat no 607, Shivraj Nagar,
Pimpri Colony,Pune-411017 within local limits of this
hon’ble court, hence this court has jurisdiction to
entertain and decide present petition
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 in
January 2017 when both the petitioners started living
separately and never lived together as a husband and
wife since January 2017 and 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.
19. That the Petitioners submit that they lastly resided
together within the local limits of the jurisdiction of this
Court, and hence, this Hon'ble Court has jurisdiction
to try and decide this petition.
20. That the Petitioners also submit and declare that
they have been residing separately for the last more
than one year, and hence, this petition is maintainable.
21. That this petition being chargeable with a fixed rate
of court fee, the same is paid herewith.
THAT THE PETITIONERS, THEREFORE, PRAY THAT -
a) this Hon’ble Court be pleased to dissolve the marriage
solemnized on 29/11/2012 between the Petitioner No. 1 and 2
by a decree of divorce as contemplated under Section 13B of
Hindu Marriage Act, 1955 and;
b) pass such other and further reliefs as this Hon’ble Court deems
fit and proper in the interest of justice, equity and good
conscience.
Pune,
Date: 09/04/2018 PETITIONER NO.1
PETITIONER NO.2
ADVOCATE/S FOR PETITIONERS
