IN THE FAMILY COURT AT BANDRA, MUMBAI

PETITION NO. F _______ of 2023

MR. PARAS CHOKSI …Petitioner No.1

And

MRS. SHRADDHA PARAS CHOKSI

NEE SHRADDHA SINGH ….Petitioner No.2
 IN THE FAMILY COURT AT BANDRA, MUMBAI
PETITION NO. F _______ of 2023

MR. PARAS CHOKSI …Petitioner No.1

And

MRS. SHRADDHA PARAS CHOKSI

NEE SHRADDHA SINGH ….Petitioner No.2

SYNOPSIS

Events Petitioner No.1 Petitioner No.2

Section of Law 28 OF THE SPECIAL MARRIAGE ACT, 1954
Name Paras Prakash Shraddha Singh
Choksi
Age ….. …..
Occ. service service
Mob; ……………… ……………
Email I.D. ………………… ……………………..
……
Status before Bachelor Spinster
marriage
Wife Maiden Miss Shraddha Singh
Name
Religion Hindu Hindu
Domicile UK - London Maharashtra (India)
Date and Place 15/11/2021 at J.P.Decks Banquet hall, Film City Road,
of marriage Besides Borivali Court, Near Dindoshi Bus Depot,
Goregaon (East), Mumbai 400 067
Children No issue born out of the said wedlock.
Date of 31/…./2022
Separation
Jurisdiction Place of Marriage - J.P.Decks Banquet hall, Film City
Road, Besides Borivali Court, Near Dindoshi Bus Depot,
Goregaon (East), Mumbai 400 067
Both parties lastly Cohabited at RBI quarters, Goregaon
(East), Mumbai
Place: Mumbai
Date: ……. day of ……………, 2023
Petitioner No.1 Petitioner No.2
 IN THE FAMILY COURT AT BANDRA, MUMBAI
PETITION NO. F _______ of 2023

MR. PARAS CHOKSI …Petitioner No.1

And

MRS. SHRADDHA PARAS CHOKSI

NEE SHRADDHA SINGH ….Petitioner No.2

GIST OF PRAYERS

a) That this Hon’ble Court be pleased to dissolve the marriage between the
Petitioners solemnized on 15/11/2021 by the Decree of Divorce by mutual
consent under Section 28 of Special Marriage Act, 1954.
b) Consent terms agreed between the parties
c) The consent terms made to be the part of Decree
d) Such other and further reliefs as this Hon’ble Court may deem fit and proper
in the nature and circumstances of the case.

Place: Mumbai
Date: ……. day of ………….., 2023

Petitioner No.1

Petitioner No.2
 IN THE FAMILY COURT AT BANDRA, MUMBAI
PETITION NO. F _______ of 2023

MR. PARAS CHOKSI …Petitioner No.1

And

MRS. SHRADDHA PARAS CHOKSI

NEE SHRADDHA SINGH ….Petitioner No.2

INDEX

Sr. Particular Page No.

No.
1 Roznama
2 Petition
3 Affidavit in support of the Petition
4 List of documents
5 EXHIBIT “A” to “___”
6 Identity and Resident proofs
7. Memorandum of Address
8. Application for Appointing an Advocate
9 Vakalatnama
 IN THE FAMILY COURT AT BANDRA, MUMBAI
PETITION NO. F _______ of 2022

PETITION FOR DIVORCE BY MUTUAL CONSENT

U/S. 28 OF THE SPECIAL MARRIAGE ACT, 1954:-
Mr. Paras Prakash Choksi
Aged …years, Occupation: Working
Hindu, Indian Inhabitant,
Residing at A/202, Banyan Tree residences,
Mushreib, Doha, Qatar
Email I.D
Mob:
Petitioner No.1
AND

Mrs. Shraddha Paras Choksi

nee Ms. Shraddha Singh
Age ….. years, Occ. Working/Service,
Hindu, Indian Inhabitant,
Residing at S/422, RBI Officers Colony,
Gokuldham, Goregaon (East), Mumbai- 400063
Email I.D:
Mob:
Email I.D.
Petitioner No.2
To,

THE HON’BLE PRINCIPAL JUDGE

AND OTHER HON’BLE PUISNE JUDGES
OF THE HON’BLE FAMILY COURT,
BANDRA, MUMBAI

THE HUMBLE PETITION OF THE PETITIONERS

ABOVENAMED

MAY IT PLEASE YOUR HONOUR:-

We, 1) Mr. Paras Choksi, the Petitioner No.1 and 2) Mrs. Shraddha Paras
Choksi nee Shraddha Singh, the Petitioner No.2, above named submits this petition to
state as follows: -

1. The Petitioners state that they were married to each other under sec 11 of
Special Marriage Act, 1954 at J.P.Decks Banquet hall, Film City Road,
Besides Borivali Court, Near Dindoshi Bus Depot, Goregaon (East), Mumbai
400 067 on 15/11/2021. The said marriage was a love marriage and
REGISTERED with the Registrar of Marriages under the Special Marriage
Act, 1954. Hereto annexed and marked as EXHIBIT “A” and “B” are the
Certificate of Marriage and Original Marriage Photograph.

2. That the Petitioner No.1 before marriage was a Bachelor and Petitioner No.2 was
Spinster. The maiden name of the Petitioner No.2 is Ms. Shraddha Singh. Both
the Petitioners were working in Qatar Airways and met in 2019. Petitioner
No.1 was working as a Pilot and Petitioner No.2 was working as crew
member. Both the parties were in love and were dating since 2016/2017.

3. That at all the material times the parties to this proceedings/petition were Hindus
by birth, governed by the Hindu Marriage Act, 1955 and Petitioner No.2 is a
 Citizen of India and domiciled in the State of Maharashtra and Petitioner No. 1 is
an Indian holding British Passport, and residing at…….. UK.

4. The Petitioners are not belongings to schedule tribe and therefore, the provision of
section 2(2) of The Hindu Marriage Act, 1955 is not applicable in their petition.

5. The Petitioners state that after their marriage, they stayed at Goregaon, but sicne
Petitioner No.1 was working in Qatar, had to stay in Qatar for his employment.
The Petitioner No.2 was residing at S/422, RBI Officers Colony, Gokuldham,
Goregaon (East), Mumbai- 400063.

6. The Petitioners state that there is no issue born from the said wedlock.

7. The Petitioners state that due to frequent differences that took place between the
parties with several reconciliations, which unfortunately did not last for any length
of time. On account of such disputes and differences they have been residing
separately since 15/09/2022 as there was no relationship between the Petitioners as
husband and wife since then. The said period is a period of more than ONE
YEAR immediately preceding the presentation of the Petition.

8. The Petitioners state that inspite of their best effort to reconcile and to effect a
reconciliation for resumption of matrimonial ties failed miserably and all the
efforts on the part of the respective family members to effect a permanent
settlement and reconciliation failed owing to their vital differences in their
temperament and total incompatibility which had rendered their marriage life
impracticable and impossible.

9. The Petitioners states that their said marriage could not be a fruitful and successful
one, since they were unable to co-habit and reside together peacefully as husband
 and wife, due to serious differences in their nature, habits thoughts, temperament
and increasing incompatibility due to which the relationship between them
deteriorated considerably.

10. The Petitioners state that they have settled their claim mutually as per consent
terms. The Petitioners declare that they have no claim in respect of maintenance or
property, of whatsoever nature, against each other at present or in future, save and
expect what is stated in the consent terms as under:

CONSENT TERMS

I) It is agreed that there are no exchanges pending between the Parties of

whatsoever nature, for past, present and future and there are no any

exchanges pending between them. It is agreed that the Petitioner No.2 will not

claim any maintenance /or alimony against the Petitioner No.1 in future in

whatsoever circumstances.

II) There is no issue born out of the said wedlock.

III) Both the parties shall not make any claim in respect of moveable and
immoveable properties of each other.

IV) The Petitioner No.1 has already handed over the articles, Valuables,
belongings including the clothes, to the Petitioner No.2 before filing the said
Petition. The Petitioner No.2 has confirmed the receipt of the same.

V) There is no other legal proceeding pending against each other, Both the

Petitioners expressly agree and undertake to this Hon'ble Court that agree that
 they shall not file any Civil or Criminal proceedings against each other and/or

against each other's family members arising out of their marital discord.

VI) Both the Petitioners shall not interfere in each other’s personal life after filing

of the Petition and shall not malign each other's reputation among friends,

society and relatives.

VII) Both parties undertake to abide by these consent terms and the same are
binding upon both of them.

9. That the Petitioners do hereby declare and confirm that this Petition preferred by

them is not collusive.

10. The Petitioners state that great hardship and irreparable harm would be caused to

both of them if a decree of divorce is not passed by this Hon’ble Court.

11. The Petitioner states that they have agreed mutually after due deliberation that
their said marriage be dissolved by this Hon’ble Court and they both have given
their free will and consent for such dissolution of marriage mutually, in their own
interest.

12. The Petitioners state that there is no ground, any impediment or hindrance as to
why the relief prayed for should not be granted, by this Hon’ble Court.

13. The Petitioners state that since they are unable to live together as husband and
wife and carry on their matrimonial relationship, they have mutually agreed that
 the said marriage solemnized between them be dissolved by mutual consent by a
decree of divorce under Section 28 of the Special Marriage Act, 1954.

14. There is no other proceeding pending in this Hon’ble Court and no previous
proceeding filed in any other Court in India.

15. That the Petitioners do hereby declare and confirm that this petition preferred by
them is not collusive.

16. That there is no coercion, force, fraud, undue influence, misrepresentation etc. in
filing the present petition, and their consent is free.

17. That there is no collusion or connivance between the parties in filing this petition.

18. That the marriage was solemnized between the Petitioners at J.P.Decks Banquet
hall, Film City Road, Besides Borivali Court, Near Dindoshi Bus Depot, Goregaon
(East), Mumbai 400 067 and they lastly resided at Room No. S/422, RBI
Officers Colony, Gokuldham, Goregaon (East), Mumbai- 400063. Hence,
this Hon’ble Court has jurisdiction to entertain and try this Petition.

19. That the Court fee of Rs.100/- is affixed.

20. The Petitioners will rely upon the documents, a list whereof is annexed herewith.

21. The Petitioners prays that:

a) That this Hon’ble Court be pleased to dissolve the marriage between the
Petitioners solemnized on 15/11/2021 by the Decree of Divorce by mutual consent
 under Section 28 of The Special Marriage Act, 1954 and the consent terms be
form part of Decree;

b) Such other and further relief’s as this Hon’ble Court may deem fit and proper in
the nature and circumstances of the case.

Place: Mumbai
Date: …… day of ………….., 2023

Petitioner No.1

Petitioner No.2

VERIFICATION

I, Mr. Paras Choksi, Age …… years, the Petitioner No.1, do hereby solemnly declare
that what is stated in the foregoing paragraphs of the petition is true to my own
knowledge and belief save and except for legal submission.

Solemnly declared at Mumbai

On this ____ day of …………….., 2023
Petitioner No.1

Identified by me Before me
Payal Kotwani
Advocate for the Petitioner No.1
 VERIFICATION

I, Mrs. Shraddha Paras Choksi, Nee Shraddha Singh, Age …… Years, the Petitioner
No.2, do hereby solemnly declare that what is stated in the foregoing paragraphs of the
petition is true to my own knowledge and belief save and except for legal submission.

Solemnly declared at Mumbai

On this ____ day of ……………, 2023
Petitioner No.2

Identified by me Before me

Payal Kotwani
Advocate for the Petitioners No. 2
 IN THE FAMILY COURT AT BANDRA, MUMBAI
PETITION NO. F _______ of 2023

Mr. Paras Choksi …Petitioner No.1

And

Mrs. Shraddha Paras Choksi

Nee Shraddha Singh ….Petitioner No.2

AFFIDAVIT IN SUPPORT OF PETITION U/S. 26 (2) OF C.P.C.

I, Paras Choksi, Aged ….. years, Son of Mr. Prakash Choksi, Occ. service,
Hindu, Indian Inhabitant, residing at ……………………………………, Petitioner No.1,
do hereby state on solemn affirmation as under:-

1. I say that the above petition is filed under the Provision of Section 28 of The
Special Marriage Act, 1954, by Mutual Consents for the reliefs as more
specifically mentioned in the petition and to avoid repetition, I crave leave to refer
to and rely upon the averments made in the petition.

2. I say that whatever stated in the above petition in para Nos. 1 to 14 is true and
correct and as per my personal knowledge. I further say that the documents
annexed to the petition are copy of the genuine documents and we are in
possession of the Original documents.

3 I further submit that Para Nos. 15 to 21 are legal submission and I believe same to
be true.

4. I hereby confirm the cause of action and once again submit that whatever
submitted in the above petition is true to my personal knowledge and I believe the
same are correct.
 In the aforesaid circumstances, we pray that the above petition be admitted and the
reliefs as prayed for be granted

Solemnly affirmed at Mumbai

On this ____ day of…………, 2023
Petitioner No.1

Identified by me Before me

Advocate for the Petitioner Nos. 1 and 2

 IN THE FAMILY COURT AT BANDRA, MUMBAI
PETITION NO. F _______ of 2023

Mr. Paras Prakash Choksi …Petitioner No.1

And

Mrs. Shraddha Paras Choksi

Nee Shraddha Singh ….Petitioner No.2

AFFIDAVIT IN SUPPORT OF PETITION U/S. 26 (2) OF C.P.C.

I, Mrs. Shraddha Paras Choksi, Nee Shraddha Singh, Aged ……. years, Occ.
Service/working with JP Morgan Ltd, Hindu., Indian Inhabitant, residing at S/422, RBI
Officers Colony, Gokuldham, Goregaon (East), Mumbai- 400063. T he Petitioner
No.2, do hereby state on solemn affirmation as under:-

1. I say that the above petition is filed under the Provision of Section 28 of The
Special Marriage Act, 1954, by mutual consent for the reliefs as more specifically
mentioned in the petition and to avoid repetition, I crave leave to refer to and rely
upon the averments made in the petition.

2. I say that whatever is stated in the above petition in para Nos. 1 to 14 is true and
correct and as per my personal knowledge. I further say that the documents
annexed to the petition are copy of the genuine documents and we are in
possession of the Original documents.

3 I further submit that Para Nos. 15 and 21 are legal submission and I believe same
to be true.
4. I hereby confirm the cause of action and once again submit that whatever
submitted in the above petition is true to my personal knowledge and I believe the
same are correct.

In the aforesaid circumstances, we pray that the above petition be admitted and the
reliefs as prayed for be granted

Solemnly affirmed at Mumbai

Dated ____ day of ………….., 2023

Petitioner No.2

Identified by me Before me

Advocate for the Petitioners

 IN THE FAMILY COURT AT BANDRA, MUMBAI
PETITION NO. F _______ of 2023

Mr. Paras Prakash Choksi …Petitioner No.1

And

Mrs. Shraddha Paras Choksi

Nee Shraddha Singh ….Petitioner No.2

THE DOCUMENTS PRODUCED ON BEHALF OF THE PETITIONER Nos.1 and 2

IS AS UNDER

LIST OF THE DOCUMENTS

Sr. Exhibit Particulars Date & details

No.
1 “___” Copy of passport of Petitioner No.1
2 “___” Copy of PAN Card of Petitioner No.1
3 “___” Copy of Aadhar Card of Petitioner No.2
4 “___” Copy of PAN Card of Petitioner No.2
5 “___” Original Registered Marriage
Certificate
6 “___” Original Marriage Photograph
7 “___” Original Demand Draft
8 “___”

Mumbai
Date : ____ day of October, 2023
Petitioner No.1

Petitioner No.2
 IN THE FAMILY COURT AT BANDRA, MUMBAI
PETITION NO. F _______ of 2023

Mr. Paras Prakash Choksi …Petitioner No.1

And

Mrs. Shraddha Paras Choksi

Nee Shraddha Singh ….Petitioner No.2

MEMORANDUM OF ADDRESS:

Address for correspondence of papers and proceeding of Petitioner No.1 and 2.

ADDRESS OF THE PETITIONER NO.1

Mr. Paras Prakash Choksi

Residing at A/202, Banyan Tree residences,

Mushreib, Doha, Qatar

AND

ADDRESS OF THE PETITIONER NO.2

Mrs. Shraddha Paras Choksi

Nee Shraddha Singh

Residing at S/422, RBI Officers Colony, Gokuldham, Goregaon

(East), Mumbai- 400063.

Petitioner No.1

Petitioner No.2
Mumbai
Date: ____ day of ……….., 2023
 IN THE FAMILY COURT AT BANDRA, MUMBAI
PETITION NO. F _______ of 2023

Mr. Paras Prakash Choksi …Petitioner No.1

And

Mrs. Shraddha Paras Choksi

Nee Shraddha Singh ….Petitioner No.2

APPLICATION FOR APPOINTING AN ADVOCATE IN THE

ABOVE MATTER:-

MAY IT PLEASE YOUR HONOUR

We the Petitioners abovenamed most humbly and respectfully, beg to submit as

under:-

1. We say that the above Petition is on today’s Board.

2. We say that we ourselves will not be able to plead our case as we do not have the
adequate legal knowledge and possibly a question of law and fact is involved in our case
and we ourselves shall not be able to or in position to conduct our case on our own
adequately.

3. It is therefore necessary for us to take the assistance of an Advocate. We therefore

pray that we may be permitted to appoint Payal Kotwani, Advocate, to appear and plead
on our behalf in the above matter. Hence as per rule 37, the Family Court (Court) Rules
1988. We may be granted permission to appoint an advocate as name mentioned above.

AND FOR THIS ACT OF KINDNESS, WE ARE IN DUTY BOUND SHALL

EVER PRAY:-

Mumbai,
Dated ____ day of ……….., 2023

Petitioner No.1 Petitioner No.2

I am not member of Advocate welfare fund, therefore stamp of Rs.2/- is not affixed.

Advocate Sign

IN THE FAMILY COURT AT BANDRA, MUMBAI

PETITION NO. F _______ of 2023

Mr. Paras Prakash Choksi …Petitioner No.1

And

Mrs. Shraddha Paras Choksi

Nee Shraddha Singh ….Petitioner No.2

VAKALATNAMA

We, the Petitioners abovenamed, do hereby appoint Payal Kotwani

Advocate, High Court, Mumbai, to act, appear and plead on our behalf in the above
matter.

IN WITNESS WHEREOF, I have set and subscribed our hand to this

writing at Mumbai.

Mumbai
Date ____ day of October, 2023
Petitioner No.1

Accepted

Petitioner No.2

Payal Kotwani
Advocate, High Court, Bombay
Enrolment No.MAH/1675/1992
F-39, Sej Plaza Premises Ltd,
Next to Nutan school,
Marve Road, Malad(West), Mumbai- 400064
Email I.D:payalkot@gmail.com
Mob:8451901646 / 9820575826
 IN THE FAMILY COURT AT BANDRA, MUMBAI
PETITION NO. F _______ of 2023

Mr. Paras Prakash Choksi

Petitioner No.1

And

Mrs. Shraddha Paras Choksi,

Nee Shraddha Singh
Petitioner No.2

PETITION FOR DIVORCE BY MUTUAL

CONSENT U/S. 28 OF THE SPECIAL
MARRIAGE ACT, 1954

Dated ____ day of ……………., 2023

Payal Kotwani
Advocate for the Petitioners
Enrolment No. Mah/1675/1992
F-39, Sej Plaza Premises Ltd,
Next to Nutan school, Marve Road,
Malad (West), Mumbai-400064
Email I.D: payalkot@gmail.com
Mob: 8451910646 / 9820575826