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IN THE HON’BLE COURT OF THE PRINCIPAL JUDGE FAMILY COURT

FARIDABAD DISTRICT COURTS COMPLEX
FARIDABAD DISTRCT
I.D.A. CASE NO._________/2018

In Re
SANDEEP SAMUEL
S/O SAMUEL
R/O- 114A/2 ARJUN NAGAR,
SAFDARJUNG ENCLAVE, SOUTH WEST DELHI
DELHI-110029
PETITIONER NO. 1
AND

SONIA SAMUEL
W/O SANDEEP SAMUEL
R/O- 248, BLOCK-P, SGM NAGAR,
FARIDABAD, HARYANA-121001 PETITIONER NO. 2

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF

DIVORCE BY MUTUAL CONSENT UNDER SECTION 10-A (1) OF
DIVORCE ACT 1861 (ACT No.4 OF 1869) AS AMENDED BY
THE INDIAN DIVORCE ACT (AMENDMENT) ACT, 2001

THE PETITIONERS MOST RESPECTFULLY SHOWETH: -

1. That the marriage between the parties was solemnized

according to the Christian rites and ceremonies on 14 th August

1995 at Christ Methodist Church, 3-E/105 NIT Faridabad. A

sworn affidavit of the parties to this effect is also filled with the

petition. The Marriage Invitation Card and certified copy of the

extract of the marriage is attached and annexed herewith as

Annexure- P1 (Colly) for the kind perusal of this Hon’ble court.

2. The status, age and place of residence of the parties to the

marriage at the time of their marriage and at the time of institution

of this petition are as under:-

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HUSBAND PETITIONER NO 1

AT THE TIME OF MARRIAGE

Status Age Place of Residence
Christian Bachelor 25 years ………………….,
……………….

AT THE TIME OF INSTITUTION OF PETITION

Status Age Place of Residence
Christian Married 48 years R/O- 114A/2 ARJUN
NAGAR, SAFDARJUNG
ENCLAVE, SOUTH
WEST DELHI
DELHI-110029

WIFE PETITIONER NO 2

AT THE TIME OF MARRIAGE

Status Age Place of Residence
Christian Spinster 18 years R/O- 248, BLOCK-P,
SGM NAGAR,
FARIDABAD, HARYANA-
121001

AT THE TIME OF INSTITUTION OF PETITION

Status Age Place of Residence

Christian Married 40 years R/O- 248, BLOCK-P,
SGM NAGAR,
FARIDABAD, HARYANA-
121001

3. That after the solemnization of the marriage the petitioners led a

happy married life for almost ………..years. During this period the

marriage of the parties was consummated and two children (one

daughter and one son) were born to them. The first child a baby

girl was born on ………………… and the petitioners have lovingly

named her Ms. ……………………. She is ……………………….. years

of age. The second child a baby boy was born on

…………………………. He was lovingly named as Master

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…………………. and is now ……………….years of age. The parties

has last resided together in their matrimonial home at

…………………………………………………………

4. That since ………………. 5 years, the petitioners realized that

there have been temperamental differences between them and

inspite of their best efforts, they have not been able to adjust and

reconcile with the passage of time. Unfortunately for the last three

years, the parties have not been able to live together peacefully

because of increasing differences, incompatibility of temperament,

which has resulted in the irretrievable breakdown of their

marriage. There is no existence of husband and wife relationship

between the parties. Due to the irreconcilable differences, this

marriage has failed and has completely broken down.

5. That as a result, Petitioner No.1 & 2 decided to live separately

henceforth; and Petitioner No.2 left her matrimonial home along

with the two children on …………………………………. Since then

she has been living separately with her children in her parental

accommodation at R/O- 248, BLOCK-P, SGM NAGAR,

FARIDABAD, HARYANA-121001i.

6. That the relatives, friends and well-wishers of both the parties

tried their best to reconcile the differences between parties but

failed.
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7. That in view of the incompatibility between the parties and on

account of all reconciliatory efforts failing, they have decided to get

their marriage dissolved by a decree of Divorce by Mutual Consent

under section 10-A(1) of the Divorce Act 1869.

8. That further the parties has arrived at following settlement

which is mentioned below.

i. The Petitioner No 1 agrees that Petitioner No 2 shall have the legal

and physical custody of both the children until they attain their age
of majority under the law.

ii. The Petitioner No 1 shall have the right to visit the children
maximum three times in in a week, with prior consent of Petitioner
No 2

iii. That both the Petitioners shall, mutually decide the Day, Place and
Time for such meetings which shall be acceptable to both the party.

iv. The Petitioner No 1 shall intimate to the Petitioner No 2 well in

advance about his intention and impending visit, so that the
Petitioner No 2 Party can make the necessary arrangement for the
meetings.

v. The Parties waives any support or inheritance rights that party may
have against the other party.

vi. That either Party shall not seek any maintenance, past, present,
future, or permanent alimony from the other Party.

vii. The parties have divided between them, and to their mutual
satisfaction, the personal effects, household furniture and
furnishings, and all other articles, tangible and intangible, of
personal property, which heretofore had been used by them in
common, and neither will make any claim for such articles, which
are now in the possession or control of the other.

9. That party to the petition has been separated on

……………………….. and are living separately since then. The

parties have also not cohabited since then. It is further submitted

the parties to the marriage have been separated for more than two
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years before the filing of the petition and living separately for more

than two years.

10. That the parties to the marriage last resided together at

………………………………………………………….

11. That the parties to the petition have mutually agreed that their

marriage should be dissolved by decree of divorce.

12. That the mutual consent has not been obtained by coercion,

fraud, misrepresentation or any undue influence. The consent for

these proceeding is voluntary and mutual.

13. That the parties to petition further state that this petition is not

presented in collusion with each other.

14. That accept the above there has not been any previous

proceeding with regard to the marriage by or on behalf of any

party.

15. There is no unnecessary or improper delay in filing the present

petition.

16. That there is no other legal ground why relief sought should not

be granted.

17. That the marriage between the parties was solemnized at

Faridabad, Haryana but both the parties last resided together at

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their matrimonial home at ………………………………. at the above

mentioned addresses of the petitioner no 1 and 2, which is within

the local limits of the ordinary original jurisdiction of this Hon’ble

court, hence the petitioners submit that this Hon’ble court has

jurisdiction to entertain this petition.

Prayer

The Petitioners therefore, pray:

(A) that this Hon’ble Court may be pleased to dissolve the marriage

between the parties by way of decree of Divorce on the basis of

Mutual Consent under Section 10-A (1) of the DIVORCE ACT

1869 as amended by the INDIAN DIVORCE ACT (AMENDMENT)

ACT, 2001 and/or

(B) to pass such further order/orders as may do complete justice in

the facts and circumstances of the case.

It is prayed accordingly

PETITIONER NO.1 PETITIONER NO.2

Through Counsel

KALYAN DUTT
Counsel for both Petitioner

Place: New Delhi

Date April ’ 2018
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VERIFICATION

The above-named petitioners state on solemn affirmation that Paras 1

to 14 to the petition are true to petitioners knowledge and Paras 15 to

17 are true to the petitioners information received and believed to be

true by them.

Verified at Faridabad on this _______ Day of April 2018

PETITIONER NO.1 PETITIONER NO.2

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IN THE HON’BLE COURT OF THE PRINCIPAL JUDGE FAMILY COURT

FARIDABAD DISTRICT COURTS COMPLEX
FARIDABAD DISTRCT
I.D.A. CASE NO._________/2018

In Re

SANDEEP SAMUEL PETITIONER NO. 1

AND

SONIA SAMUEL PETITIONER NO. 2

AFFIDAVIT OF SANDEEP SAMUEL S/O SAMUEL AGED 48 YEARS

R/O- 114A/2 ARJUN NAGAR, SAFDARJUNG ENCLAVE, SOUTH
WEST DELHI DELHI-110029

I, the deponent above named, do hereby solemnly declare and affirm

as under: -

1. That I am Petitioner No. 1 in the above noted petition. I read

and understood the contents of the accompanying petition for

dissolution of marriage by a decree of divorce by mutual

consent as provided under section 10-A (1) of the DIVORCE ACT

1869 as amended by the INDIAN DIVORCE ACT (AMENDMENT)

ACT, 2001, and have understood the same. I further state that

I have consented to the filing of the present petition and put my

signature and the same has been drafted my counsel under my

instructions.

2. That the contents of the accompanying petition 10-A (1) of the

DIVORCE ACT 1869 my kindly be read a part and parcel of this

affidavit and the same has not been repeated herein for the sake

of brevity.

3. That the statement of facts in the petition is true and correct.

4. That I state that my marriage with the Petitioner No. 2 was

solemnized according to Christian marriage Rites and

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ceremonies at Faridabad Haryana on 14 August 1995 and we

last resided together in our matrimonial home at

……………………………………………

5. That I state the consent of the other party has not been

obtained by way of force, fraud, misrepresentation or any undue

influence from any person whosoever. The consent for these

proceeding is voluntary and mutual.

6. That there is no collision between the parties in filing this

petition on the ground of mutual consent.

7. That further state that I have been living separately from the

Petitioner no 2 since ………………………, no cohabitation took

place since then between us, and there is no possibility or

probability of reunion and reconciliation between the parties.

8. That there has been no other proceeding under the Divorce Act

1869 or any other acts pertaining to the marriage dispute.

9. That no similar petition has been filed in this court or any other

court in India.

10. That we have mutually settled all our disputes and are

incorporated in Para 8 of the accompanying petition.

DEPONENT

VERIFICATION

Verified at Delhi on this ______ day of April 2018 that the contents

of this affidavit are true to my knowledge, no part of it is false and

nothing material has been concealed therefrom.

DEPONENT
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IN THE HON’BLE COURT OF THE PRINCIPAL JUDGE FAMILY COURT

FARIDABAD DISTRICT COURTS COMPLEX
FARIDABAD DISTRCT
I.D.A. CASE NO._________/2018

In Re

SANDEEP SAMUEL PETITIONER NO. 1

AND

SONIA SAMUEL PETITIONER NO. 2

AFFIDAVIT OF SONIA SAMUEL W/O SANDEEP SAMUEL AGED

40 YEARS R/O- 248, BLOCK-P, SGM NAGAR, FARIDABAD,
HARYANA-121001.

I, the deponent above named, do hereby solemnly declare and affirm

as under: -

1. That I am Petitioner No. 2 in the above noted petition. I read

and understood the contents of the accompanying petition for

dissolution of marriage by a decree of divorce by mutual

consent as provided under section 10-A (1) of the DIVORCE ACT

1869 as amended by the INDIAN DIVORCE ACT (AMENDMENT)

ACT, 2001, and have understood the same. I further state that

I have consented to the filing of the present petition and put my

signature and the same has been drafted my counsel under my

instructions.

2. That the contents of the accompanying petition 10-A (1) of the

DIVORCE ACT 1869 my kindly be read a part and parcel of this

affidavit and the same has not been repeated herein for the sake

of brevity.

3. That the statement of facts in the petition is true and correct.

4. That I state that my marriage with the Petitioner No. 2 was

solemnized according to Christian marriage Rites and

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ceremonies at Faridabad Haryana on 14 August 1995 and we

last resided together in our matrimonial home at

……………………………………………

5. That I state the consent of the other party has not been

obtained by way of force, fraud, misrepresentation or any undue

influence from any person whosoever. The consent for these

proceeding is voluntary and mutual.

6. That there is no collision between the parties in filing this

petition on the ground of mutual consent.

7. That further state that I have been living separately from the

Petitioner no 1 since ………………………, no cohabitation took

place since then between us, and there is no possibility or

probability of reunion and reconciliation between the parties.

8. That there has been no other proceeding under the Divorce Act

1869 or any other acts pertaining to the marriage dispute.

9. That no similar petition has been filed in this court or any other

court in India.

10. That we have mutually settled all our disputes and are

incorporated in Para 8 of the accompanying petition.

DEPONENT

VERIFICATION

Verified at Delhi on this ______ day of April 2018 that the contents

of this affidavit are true to my knowledge, no part of it is false and

nothing material has been concealed therefrom.

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DEPONENT