Rakesh Pathak
                Advocate

Law Firm in New Delhi INDIA
7 Jantar Mantar Road, New Delhi-1 INDIA
E-mail- PathakR7@Gmail.com Phone- 9810112993 (Prefix +91 or 0)

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IN THE COURT OF DISTRICT JUDGE, DELHI

HMA Suit No.           / 2008

Ms. _____(name of wife)

daughter of_________

Resident of_________

New Delhi                                                                                   …       Wife / First Party

                                                                                                (Photograph of wife)

AND

Mr. _______ (name of husband)

son of Mr._________

resident of _______________ USA                          ………….. Husband / Second Party

                                                                                    (Photographs of Husband)

Address in India:

Care of Mr.________

Colony_____, New Delhi  

Joint Petition for Divorce by
mutual consent u/s 13 B of Hindu Marriage Act 1955

Sir,

            The both parties- wife and husband on solemn affirmation submit as under:

  1. That both the parties are Hindu by religion and marriage between parties was performed as per Hindu customs and rites on ______200_ at ______ New Delhi / _____ An Affidavit in support of this motion is filed by each party as Annexure    ___ and  ______.

The status of parties was as follows:

Wife / Second Party                                                               Husband / First Party

Age at time of                Virgin Hindu /Indian National       Unmarried Hindu /_____ National

at Marriage                                    ___ years                                                            ___ years

Age at time of

Petition                         ____ years                                                            _____ years

Residence at marriage    _____ India                                                               _______USA / India

Residence after marriage   New Delhi, India ____ USA                      _____USA / New Delhi India

 

  1. That marriage between parties was registered on  _____   200_ by Marriage Officer, _____ Delhi, under Hindu Marriage Act 1955 and a certificate No.   _____   was issued to each party.  A Copy of Certificate is enclosed as Annexure ______.
  2. The wife is at present residing in New Delhi India.  The husband is Hindu by religion and is a National of _____.  Father of Husband is resident of ______.  The husband is acting through his father who is also a Power of Attorney for purpose of this Petition and is well conversant with facts and circumstances of this Petition / Motion.
  3. That both the parties are living separately since ______ and have not been able to live together since ______ which is more than a year now.
  4. That there is no issue / child out of marriage between parties.
  5. That there is no dispute between parties over maintenance, stridhan and parties have mutually settled all matters relating to property or maintenance or actionable claim and nothing remains disputable between them now and forever.
  6. That both the parties have been living separately for a period of more than one year and that they have not been able to live together and that they mutually agreed that marriage between them be dissolved.
  7. That consent of the parties has not been obtained by force, fraud or any undue influence.
  8. That there has not been any unnecessary or improper delay in instituting the proceedings of mutual divorce.
  9. That there is no other legal ground why relief should not be granted.
  10. That petition is not presented or prosecuted in collusion.
  11. That marriage was solemnised and registered within territorial jurisdiction of this Court.  This Court has jurisdiction and appropriate Court fee is affixed on plaint / motion.
  1. That this motion has been signed & verified by husband at ______ USA and for the purpose of enquiry by this Court, has constituted his father who is a lawyer as his attorney by Notarised Power of Attorney dated___ which is Annexed as      .  The statement made by attorney of Husband be considered and treated as statement made by husband himself.  That husband hereby undertakes to ratify the statement (s) or conduct of his attorney in interest of justice.

Prayer:  Marriage between parties be dissolved by a decree on ground of mutual consent.

Date of application               2008

Husband at ______ USA                                                      Wife at New Delhi India

                                                                                         Through 

                                                                                                   (Mr. Rakesh Pathak) Advocate
                                                                                                      7 Jantar Mantar Road,
                                                                                                      New Delhi-110001 India
                                                                                 E--mail PathakR7@gmail.com Phone 9810112993
Verification: 

The above husband at ____ USA on this______ day of _______ 2007 and wife at New Delhi, India on ___________day of  2008, verify that contents of above para 1 to 13 are correct to their personal knowledge and nothing material has been concealed therefrom.

 

Husband / First Party                                                                                Wife / Second Party

 

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