QUESTION 3

BEFORE THE HON'BLE COURT OF PRINCIPAL JUDGE, FAMILY

COURT AT DEHRADUN, UTTARAKHAND

CASE NO……… OF 2018

IN THE MATTER OF:

Mrs Saina Chandra

D/O Suresh Pandey
R/O Vasant Vihar Dehradun-111007
Uttarakhand ..PETITIONER 1

AND

Mr Ramesh Chandra
S/O Shyamal Chandra
R/O Goyal Residents Dehradun-111007
Uttarakhand …PETITIONER 2

PETITION UNDER SECTION 13 (B) OF THE HINDU MARRIAGE

ACT, 1955

It is most respectfully submitted on behalf of the Petitioners that: -

1. That Petitioner No. 1 is a Hindu who lives in Dehradun, Uttarakhand, and Petitioner
No. 2 is a Hindu who lives at the location given in the petition's subject title. Both
parties' residency proof and identification cards are included and labelled as Annexure
P-1 in this respect.

2. That the Petitioners married on February 13, 2011, in accordance with Hindu Vedic
Rites, and are therefore subject to the Hindu Marriage Act of 1955. The pair then
registered their marriage with the Dehradun Municipal Corporation.

3. Petitioner No. 1 and Petitioner No. 2 are not married and have no children. Annexure-
2 contains photographs from the wedding and a copy of the marriage certificate.

4. That Petitioner No. 1 took maternity leave and expected her husband to assist her, and
that the pair had a lot of dispute throughout this maternity leave, which lasted even after
their twins were born.

5. That the conflicts were so serious that Petitioner No. 1 left her marital residence on
December 12, 2017 and returned to her parents' home.
6. It is contended before the Hon'ble Court that their temperaments and living styles were
so unlike that cohabiting as husband and wife was impossible.

7. Despite the fact that things between the petitioners went poorly in 2018, the petitioners
reconnected as a couple and sought to live positively.

8. That on August 10, 2018, they mutually decided to part and go their own ways in order
to have happy lives

9. That both petitioners agreed that Petitioner No. 1 would keep custody of their kids and
Petitioner No. 2 would be allowed to visit them once a weekend and during festivals.

10. Both petitioners agreed that once the girls reached the age of 14, they might go on their
own trips with their father. Petitioner No. 2 further promised the Hon'ble Court that he
would deposit Rs. 50,000/- per month (Rupees Fifty Thousand Only) in a bank account
that the couple would jointly manage for their two children.

11. That the cash would be utilised only for their education, and that if Petitioner No. 1
desired it, he would pay half of their wedding costs.

12. Both petitioners agreed that while Petitioner No. 1 worked at Dehradun University, she
would not seek alimony or maintenance from her husband.

13. It is alleged that the parties are not cooperating or conspiring, and that no force, fraud,
or coercion is used against any of them in order to get a mutual agreement divorce
before this Hon'ble Court.

14. The parties to this petition state and agree that they will not file any civil or criminal
charges against each other, their family members, or relatives. They also agree not to
sue each other in the future for money or goods owing to them as alimony or
maintenance, or to take any legal action against each other.

15. Both parties are Dehradun residents, and the Petitioners continued to reside in Dehradun
after their marriage.

16. That the Petitioners have paid all of the court costs associated with this petition.

17. It is submitted before this Hon'ble Court that they have mutually consented to file this
petition under section 13 (B) of the Hindu Marriage Act, and that none of the Petitioners
has utilised deceit, force, threat, or fraud against the other to get such authorization.

18. That the Petitioners claim there was no collusion or conspiracy between the parties in
the filing of this petition.
19. That both Petitioners' affidavits in support of this Petition have been filed and are
attached hereto.

PRAYER

As a result, it is respectfully and humbly urged before this Hon'ble Court that it may
be pleased to:

i. Dissolve the marriage of the Petitioners herein by giving a decree of mutual

agreement divorce as provided under Section 13 (B) of the Hindu Marriage Act, 1955.

ii. The Petitioners be awarded any further remedy or order that this Hon'ble Court
deems appropriate.

DATE:

PLACE:

PETITIONER NO.1 PETITIONER NO.2

VERIFICATION
We, (1) Saina Chandra D/O Gopal Bajpyee, R/O Goyal Residents, Dehradun,
Uttarakhand and (2) Ramesh Chandra, S/O Shyamal Chandra, R/O Goyal Residents,
Dehradun, Uttarakhand do hereby state on the solemn affirmation that the facts stated
in the present Petition in para no.1 to para no. 22 hereinabove by us are true and
correct to the best of our knowledge and belief.
Signed and verified this on August 2018 at Dehradun.
DATED:
PLACE: DEHRADUN
PETITIONER NO.1 PETITIONER NO.2