IN THE COURT OF LD.

PRINCIPAL JUDGE, FAMILY COURTS,

XXX (PLACE), XXX (CITY)

H.M.A. Petition No.__________of XXX (YEAR)

IN THE MATTER OF :
ABC ... PETITIONER NO.1
VERSUS
XYZ ... PETITIONER NO.2

INDEX
___________________________________________________________
S.No. Particulars Court Fees Pages
___________________________________________________________
(1) Memo of Parties 1
(2) First Motion Petition under Section
13 B (1) of the Hindu Marriage Act,1955
for the dissolution of marriage,
along with affidavits
(3) Marriage Card
(4) Marriage Photograph
(5) Copy of MOU
(6) Copy of ID Proofs of Petitioner No.1
(7) Copy of ID Proofs of Petitioner No.2.
(8) Vakalatnamas
___________________________________________________________

Petitioner No.1 Petitioner No.2

(ABC) (XYZ)
Through Through

XXX XXX
ADVOCATE (AOR) ADVOCATE
XXX (PLACE) Dated :
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURTS,
XXX (PLACE) , XXX (CITY)
H. M. A. Petition No.__________of XXX (YEAR)

IN THE MATTER OF :
ABC ... PETITIONER NO.1
VERSUS
XYZ ... PETITIONER NO.2

MEMO OF PARTIES
ABC
W/O XXX (NAME)
XXX (ADDRESS)
XXX (CITY)
XXX (PIN CODE) …… PETITIONER NO.1

VERSUS
XYZ
W/O XXX (NAME)
XXX (ADDRESS)
XXX (CITY)
XXX (PIN CODE) ……. PETITIONER NO.2

Petitioner No.1 Petitioner No.2

(ABC) (XYZ)

Through Through

XXX XXX
ADVOCATE (AOR) ADVOCATE

XXX (PLACE)
Dated:
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURTS,
XXX (PLACE), XXX (CITY)

H.M.A. Petition No.__________of XXX (YEAR)

IN THE MATTER OF :
ABC ... PETITIONER NO.1

VERSUS

XYZ ... PETITIONER NO.2

FIRST MOTION PETITION FOR DISSOLUTION OF

MARRIAGE BY A DECREE OF DIVORCE BY MUTUAL
CONSENT UNDER SECTION 13-B (1) OF THE HINDU
MARRIAGE ACT, 1955.

MOST RESPECTFULLY SHOWETH

The petitioners named above most respectfully submit as under:

1. That the marriage was solemnized between the petitioners to the

petition, according to the Hindu rites and customs on XXX (DATED)
at XXX(PLACE). An affidavit of the petitioners to this effect is being
filed along with the present petition for kind perusal of this Hon’ble
Court. The marriage between the parties was duly consummated.

2. That after the solemnization of the marriage, the petitioner No.1 and
the petitioner no.2 started living together in the matrimonial home
where they cohabited together as husband and wife and their marriage
was duly consummated and one male child namely Master
XXX(NAME) was born on XXX(DATE) out from this wed lock who
is in full care and custody of Petitioner No.1/Wife and will remain in
the care and custody of the petitioner No.1/wife. The petitioner no.1
 will be fully authorized to sign all the legal documents for the purpose
of admission/ renewal etc in school and /or before any authority
whatsoever.

3. That the status and place of residence of the parties to the marriage
before the marriage and at the time of filing the petition are as follows:

PETITIONER NO.1/WIFE

STATUS AGE PLACE OF

RESIDENCE
Before Unmarried XX XXX (ADDRESS)
marriage Yrs.
At the time of Hindu married XX XXX (ADDRESS)
filling the Yrs.
present petition

RESPONDENT NO. 2/ HUSBAND

STATUS AGE PLACE OF

RESIDENCE
Before marriage Hindu Virgin XX XXX (ADDRESS)
Yrs.
At the time of Hindu Married XX XXX (ADDRESS)
filling the Yrs.
present petition

4. That the parties to the petition were Hindu at the time of marriage at the
time of marriage and remained the same at the time of filing the present
petition.

5. That after the marriage, the petitioners lived together as husband and
wife. That unfortunately marriage of the parties did not prove to be a
happy marriage. After the marriage owing to the differences in
temperaments, habits and thoughts, the relationship between the parties
 deteriorated day by day and they were living separately under one roof.
The parties were able to live together up to XXX (YEAR) and since then
the parties are living separately.

6. That the marriage between the parties has broken down completely and
irretrievably and there are absolutely no chances of reconciliation
between the parties for living together as all the efforts for conciliation
between the parties made from time to time have failed and now there
remains no possibility or probability for their living together.

7. That in order to avoid further deterioration in relationship which may

adversely affect on their families, the petitioners of their own and with the
intervention by elderly and respected member of society have agreed to
seek divorce by mutual consent. Now, there is no remote possibility of
reconciliation between the parties, hence this petition for divorce by
mutual consent is being filed.

8. That the petitioners have mutually settled their disputes regarding

maintenance and ‘Istridhan’ and no claim left unsettled between them. A
Memorandum of understanding is executed between the parties on XXX
(DATE). The terms and conditions mentioned in Memorandum of
Understanding are being reproduced herein below :-

i. That it is mutually settled between the parties that Wife (First

party) and Husband (Second party), dissolve their marriage by
decree of divorce by mutual consent without levelling allegations
and counter – allegations against each other.
ii. It is agreed that the child namely Master XXX (NAME) remain in
the full custody of the mother/First Party.
 iii. It is agreed that both the parties settled their dispute and the second
party will pay the amount of XXX (AMOUNT) as full and final
payment to the first party.
iv. It is agreed and settled between the parties that the full and final
amount will be payable in 03 equal installments i.e., First
installment of XXX (AMOUNT) will pay at the time of recording
of statements of First Motion U/s 13(B)(1) Hindu Marriage Act,
Second installment of XXX (AMOUNT) will be payable at the
time of recording of statement of Second Motion U/s 13(B)(2) of
Hindu Marriage Act and balance amount of XXX (AMOUNT) will
be paid at the time of quashing of FIR before the Hon’ble High
Court of XXX (PLACE).
v. It is agreed that the first motion will be file in the month of XX
(YEAR)and second motion will be file after X month of the
recording the statements of both the parties of first motion.
vi. It is agreed and settled between the parties that if the first party
(wife) after receiving the payment at any stage refused to comply
the terms and conditions of the present MOU, then the first
party(wife) will be liable to return the received amount along with
X % interest per annum to the second party, and if the second party
(husband) refused to pay the amount at any stage then the amount
paid by the second party (husband) will be forfeit and first party
will proceed as per law.
vii. It is agreed and settled between the parties that the Second Motion
petition U/s 13(B)(2) of Hindu Marriage Act shall be filed within
the stipulated period or at the earliest possible after recording of
statements in the First Motion.
viii. It is agreed and settled between the parties that the
wife/Complainant shall withdraw all the cases pending in the court
 of law or before any authority including Complaint U/s 12 of
Domestic Violence Act, Petition U/s 125 of Cr PC. And Divorce
Petition U/s 13(1)(i)(ia) of Hindu Marriage Act within X days after
the recording of the statements of the Second Motion Petition.
ix. It is agreed and settled between both the parties that the Second
Party(Husband) will file the FIR Quashing Petition in Hon’ble
XXX (PLACE) High Court and the First Party(Wife) will
cooperate with Second Party for quashing of FIR vide bearing No.
XXX/XX(YEAR), U/s 498A/406/34 IPC registered at Police
Station XXX(PLACE).
x. It is also agreed and mutually settled between the parties that the
second party(husband) will have visiting rights to meet the child at
XXX (PLACE) and Second Party will have to inform in advance,
atleast X week, before the meeting with the child and the meeting
shall be held in the presence of First Party(wife) in a public place
as per the mutual consent of both the parties for X hours only.
xi. It is agreed and settled that after the compliance of the terms of the
present settlement there shall remain no dispute due between the
parties arising out of the said marriage and that none of the parties
shall file any civil or criminal case/complaint against each other in
future.
xii. It is agreed that neither parties shall contact with each other either
telephonically or personally nor will interfere with the lifestyle of
other party.
xiii. It is agreed that this settlement out of their own free will and
consent, without any fear, coercion or undue influence from any
corner, what so ever.
 xiv. It is agreed that the parties shall be bound by this settlement and
shall cooperate to execute this settlement in every possible manner,
what so ever.

A CERTIFIED COPY OF MEMORANDUM OF

UNDERSTANDING IS ANNEXED HEREWITH AS
ANNEXURE A.

9. That as per above referred MOU , the parties have settled their disputes
without leveling allegations and counter allegations against each other.
All issues regarding permanent alimony, ‘Istridhan’, dowry articles,
maintenance and custody have been decided mutually. The parties to this
petition will abide by the terms of settlement of MOU, as mentioned
herein above.

10.That as per settlement the full and final amount will be payable in X
equal installments i.e., First installment of XXX (AMOUNT) will pay at
the time of recording of statements of First Motion U/s 13(B)(1) Hindu
Marriage Act, Second installment of XXX (AMOUNT) will be payable at
the time of recording of statement of Second Motion U/s 13(B)(2) of
Hindu Marriage Act and balance amount of XXX (AMOUNT) will be
paid at the time of quashing of FIR before the Hon’ble High Court of
XXX (PLACE).

11.That as per the settlement it is agreed and settled between both the parties
that the Petitioner No. 2(Husband) will file the FIR Quashing Petition in
Hon’ble XXX (PLACE) High Court and the Petitioner No.1(Wife) will
cooperate with Petitioner No. 2 for quashing of FIR vide bearing No. XX/
XXX (YEAR), U/s 498A/406/34 IPC registered at Police Station XXX
(PLACE).
12.That it has been decided that both the parties will withdraw their
respective cases filed against each other and both the parties will supply
the copy of withdrawal of the cases/complaint and handover to each
other. It has been decided that they will not file any further cases against
each other in future also.

13.That the petitioners are living separately since XXX (DATE), and they
have mutually agreed to take divorce from each other and as they are
unable to live together and through this petition, they are praying to this
Hon’ble Court that their marriage should be dissolved by the Decree of
Divorce with Mutual Consent under section 13 B of Hindu Marriage Act,
1955.

14.That the mutual consent has not been obtained by force, fraud or undue
influence.

15.That there is no unnecessary or improper delay in filing of this petition.

16.That the petition has not been presented in collusion with each other.

17.That there is no ground/ no other legal ground why the relief should not
be granted to the parties by this Hon’ble Court.

18. That the petitioner No.1 and petitioner No.2 were residing as husband
and Wife at XXX (ADDRESS), hence this Hon’ble Court has got
territorial jurisdiction to adjudicate, try and decide the present petition of
the petitioners.

19.That the prescribed court-fees have been affixed on the petition.

PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may
graciously be pleased to :-
(i) pass a decree of divorce by mutual consent of the parties thereby
dissolving the marriage held on XXX (DATE) between ABC and
XYZ / the parties to the present petition.
(ii) a decree of divorce may please be granted.
(iii) To pass such other order or orders as this Hon’ble Court may deem fit
and proper in the interest of justice.

Petitioner No.1 Petitioner No.2

(ABC) (XYZ)

Through Through

XXX (NAME) XXX (NAME)

ADVOCATE (AOR) ADVOCATE

XXX (PLACE).
Dated:

VERFICATION

We the petitioners verified that the contents of para no. 1 to 11 are true and
correct to our personal knowledge and belief and para no. 12 to 17 are true
and correct as per information received and legal advice received and
believed to be true and correct. The last para is prayer to this Hon’ble Court.
We verified this petition on this ____ Day of XXX (YEAR) at XXX
(PLACE).

Petitioner No.1 Petitioner No.2

(ABC) (XYZ)

IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURTS,

XXX (PLACE), XXX (CITY)
H.M.A. Petition No.__________of XXX (YEAR)

IN THE MATTER OF :
ABC ... PETITIONER NO.1
VERSUS
XYZ ... PETITIONER NO.2

AFFIDAVIT
I, ABC w/o XXX (NAME), R/o XXX (ADDRESS), at present in XXX
(PLACE) do hereby solemnly affirm and declare as under:

1. I say that I am is the petitioner no.1 in the above petition and well
conversant with the facts of the case and thus competent to swear this
affidavit.
2. I say that that the marriage between the parties were solemnized on
XXX (DATE) according to Hindu rites and customs.
3. I say that the mutual consent has not been obtained by force, fraud or
undue influence.
4. I say that the petition has not been presented in collusion with each
other.
5. I say that there is no any necessary or improper delay in filing the
present petition.
6. I say that the accompanying petition U/s 13-B(1) has been drafted by
my counsel as per my instructions and same has been read over and
explained to me in vernacular language, I have understood the same.
7. I say that the contents of the accompanying petition may kindly be
read as part and parcel of this affidavit, the same are not repeated
herein for the sake of brevity.
8. I say that the marriage between the parties has been irretrievably
broken down and there is no hope for any patch between the parties
and the parties are living separately since XXX (YEAR).

DEPONENT

VERIFICATION:-

Verified at XXX (PLACE) on this ___ day of XXX (YEAR) that the
contents of my affidavit are true and correct to the best of my
knowledge and belief and nothing material has been concealed
therefrom.

DEPONENT
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURTS,
XXX (PLACE),XXX (CITY)
H.M.A. Petition No.__________of XXX (YEAR)

IN THE MATTER OF :
ABC ... PETITIONER NO.1
VERSUS
XYZ ... PETITIONER NO.2

AFFIDAVIT

I, XYZ s/o XXX (NAME), R/o XXX (ADDRESS), do hereby solemnly

affirm and declare as under:

1. I say that I am is the petitioner no.1 in the above petition and well
conversant with the facts of the case and thus competent to swear this
affidavit.
2. I say that that the marriage between the parties were solemnized on
XXX (DATE) according to Hindu rites and customs.
3. I say that the mutual consent has not been obtained by force, fraud or
undue influence.
4. I say that the petition has not been presented in collusion with each
other.
5. I say that there is no any necessary or improper delay in filing the
present petition.
6. I say that the accompanying petition U/s 13-B(1) has been drafted by
my counsel as per my instructions and same has been read over and
explained to me in vernacular language, I have understood the same.
7. I say that the contents of the accompanying petition may kindly be
read as part and parcel of this affidavit, the same are not repeated
herein for the sake of brevity.
8. I say that the marriage between the parties has been irretrievably
broken down and there is no hope for any patch between the parties
and the parties are living separately since XXX (YEAR).

DEPONENT

VERIFICATION:-

Verified at XXX (PLACE) on this ___ day of XXX (YEAR) that the
contents of my affidavit are true and correct to the best of my
knowledge and belief and nothing material has been concealed
therefrom.

DEPONENT