Drafting and Pleading - Sample petition for divorce by Mutual Consent

IN THE FAMILY COURT NEW DELHI, AT DELHI

                                                                                                                      D.C no.             /2007

Shri Akshay Kata
Age - 30 years, Software Developer
E 61-62, Arya Samaj Road, Uttam Nagar
New Delhi - 110001
                                                                                                                               Petitioner 1
                    AND
 
Ankita Hora 
Age - 29 years, Income tax officer
53 , Samman Bazar, Jangpura Road
New Delhi - 110014
                                                                                                                               Petitioner 2
 

                                                                                                                          A PETITION FOR 
                                                                                                                 DIVORCE BY MUTUAL 
                                                                                                          CONSENT U/S 13-B OF 
                                                                                                       HINDU  MARRIAGE ACT, 1955 
                  The petitioners most respectfully submits to state as under
  1. That the petitioners are husband and wife. Solemnization of marriage between petitioners occurred on 27th October 2016, in Delhi at Lemon Tree Hotel, Kaushambi according to Hindu religious ceremonies. 

  2. That out of their wedlock petitioners have got one son named Amit in December 2017.

  3. That the petitioners cohabited together till August 2018.

  4. That the petitioners are residing separately since September 2018.

  5. That the petitioner 2 being government employee is on frequent transfer.

  6. That the petitioner 1 is being employed in IT industry have to stay as his office is in Noida.

  7. That the both petitioner wanted to continue their career in their respective fields.

  8. That the both petitioners are leaving separately and hence this petition is maintanable

  9. That the Petitioners declare and submit that this petition preferred by them is not collusive

  10. That the Petitioner 2 is in service and have her earnings and she has given up her right of maintenance with respect to
    herself and her child.

  11. That the Petitioners have agreed that custody of child will be given to Petitioner 2

  12. That the Petitioner 2 have agreed that Petitioner 1 will be allowed to meet the child and she will not be obstacle in
    paternal care.

  13. That the petition being chargeable with a fixed Court stamp fee, the same is paid herewith

  14. That the Petitioner be permitted to amend, alter and modify the Petition as and when necessary to do so.

  15. That the petitioners therefore prayed that:
    • The marriage between Petitioners be dissolved by a decree of divorce

    • No order be passed as to cost and maintenance; and

    • Any other order in the interest of justice be kindly passed 

New Delhi
15 Sep, 2019
                                                                                                                            (                 )
                                                                                                                            Petitioner 1

                                                                                                                           (                 )
                                                                                                                           Petitioner 2

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