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Published by i4indranil7090

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Published by: i4indranil7090 on Feb 19, 2009
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F.C.(CIVIL) CASE No. /2009IN THE MATTER OF:A petition under section 13B of the Hindu Marriage Act’1955(Act 25 of 1955) as amendedupto date for divorce by mutualconsent.-AND-IN THE MATTER OF:
SMTI. _________________ 
First Petitioner 
 Second Petitioner.
The humble petition of the petitioners abovenamed.MOST RESPECTFULLY SHEWETH:1.That, both the First Petitioner and the Second Petitioner are citizensof India and are presently residing at the aforesaid addresses.2.That, the petitioners are by faith and religion Hindus and till fillingof the present petition they have never changed their religion.
3.That, the petitioners got married on in accordancewith the Hindu rites and Assamese customs and the said marriage isstill subsisting. Be it stated here that at the time of the marriage boththe petitioners were of age above 21 years.4.That, immediately after marriage both the petitioners started to liveat 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 bornon . Be it stated here that the girl child of the petitionersis presently under the custody of her mother,
that is
, the FirstPetitioner who is taking due care of the child on her own without anytaking 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 therelationship between them deteriorated to such extent that frequentquarrels 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 onthe First Petitioner out of free will and accord brokethe matrimonial home and withdrew herself from the society of theSecond 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 thehusband .8.That, further efforts and attempts were made by mutual friends andfamily members of both the family to effect a reconciliation and for aresumption of the marital relationship but the same could not become possible owing to the huge differences of theitemperaments and as such the married life of the petitioners becomeimpracticable and impossible.9.That at present there is no love and/or emotional bonds in betweenthe 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 andthe duration of cohabitation prior thereof was not in any case muchmore than a year.11.That, both the petitioners have now mutually agreed and decided thatthere is no reason for the continuance of the marital relationship andthus they have further mutually agreed upon dissolution of their marriage tie and hence this petition.
12.That, the petitioners have also mutually agreed that as the girl childis being taken care of by the mother,
that is,
the First Petitioner onher own without taking any help from the Second Petitioner, thecustody of the girl child should remain in the hands of the FirstPetitioner.13.That, it is further mutually agreed that since the First Petitioner isearning daily bread for her and the girl child by running a business of her own, she decides not to claim for any maintenance alimonyeither for her or for the girl child from her husband,
that is
, theSecond Petitioner.14.That, both the petitioners states that there is no impediment to thedissolution of the marriage.15.That, the cause of action for this petition arose on ,when both the petitioners were married and all other subsequentdates thereafter till they have mutually decided that the marriageshould be dissolved in the mutual interest of the petitioners.16.That, both the petitioners states that there are no other proceedingsand/or cases pending before any other court of law with regard totheir 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 istherefore prayed that YOUHONOUR be pleased to pass a decreedeclaring the marriage solemnized between the First and the SecondPetitioners under the Hindu Rites andAssamese Customs on be dissolved and/or be pleased to passother relief as this Hon’ble Court maydeem fit and proper.It is further prayed that thePetitioners be permitted to apply for the passing of the decree of dissolutionon the expiration of 6(six) monthsfrom the filing hereof.And for this act, as in duty bound the Petitioners shall ever pray.

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