PETITION FOR MUTUAL DIVORCE

 

PETITION FOR MUTUAL DIVORCE

 

IN THE COURT OF HON’BLE PRINCIPAL JUDGE

FAMILY COURT, BHUBANESWAR

MATRIMONIAL SUIT NO. 579 OF 2022.

1.      Ram Kumar Sahoo (Husband),

Aged about 39 years,
Son of Shri Rameswar Nand Padhi,
House No. 6 B/9, Patia, Unit-07, Bhubaneswar-800 013, Odisha.

 

                                                                                                Petitioner 1 – Husband

2.      Mamata Sahoo (Wife),

Age about 32 years,
Wife of Shri Ram Kumar Sahoo and Daughter of Shri Naresh Sahoo.
House No. 6 B/9, Master Canteen Road, New Gaon, Bhubaneswar-800908, Odisha

 

                                                                                                Petitioner 2 – Wife

Vs.

NIL

(A PETITION FOR DIVORCE BY MUTUAL CONSENT U/S 13 (B) OF THE HINDU MARRIAGE ACT, 1955)

The petitioners abovenamed submit this petition, praying to state as follows:

 

1.      That the petitioners-husband/wife have jointly approached this Hon’ble Court bonafidely and with their mutual consent in order to seek dissolution of their marriage within the ambit of Section 13-B of the Hindu Marriage Act, 1955.

2.      That the Petitioner No. 1 is husband, whereas the Petitioner No. 2 is wife, and both the parties hereto are governed by and under the Hindu Marriage Act, 1955 and by caste ‘Teli’.

3.      That the marriage between the petitioners/parties was solemnized as per Hindu rites and rituals on 09.05.2002 at Bhubaneswar in the State of Odisha at Boring Road Near B.J.B College in the field under a ‘Shamiya’ which is within the territorial jurisdiction of this Hon’ble Court as such the instant application is within the ambit of Section 19 of the Hindu Marriage Act, 1955.  It is needless to state that the marriage was solemnized in accordance with the customary rites and ceremonies of the parties including the process of ‘Saptapadi’ where the seven steps were taken by the parties hereto before the sacred fire thereby completing the marriage and made it binding between the parties.

4.      That both the parties were major and in sound state of mind at the time of marriage and the marriage was not legally barred in between the parties under any law governing the parties.

5.      That, two male children, were born out of the wedlock, namely, Arjun Sahoo (born on 02.08.2006) and Amrita Sahoo (born on 01.02.2012) in Patna itself.

6.      That unfortunately, the marriage between the parties did not mature with the passage of time, as marital discord and dispute arose between the parties during Covid lockdown leading to complete breakdown of the relationship in between the parties due to reasons beyond their control.

7.      That, in fact, the parties are living separately since last more than one year before the date of presentation of this application i.e., before 15^st July 2022.

8.      That despite indulgences of relatives and family friends the parties hereto have not been able to reconcile their differences and that they are still leaving separately from last more than one year, and, have taken a conscious decision to finally end/dissolve the marriage through a divorce decree by way of mutual consent so that parties could freely and independently live their respected life peacefully and in the larger interest of their children.

9.      That, in furtherance of, the above common intention of the parties, the husband-Petitioner No. 1 has already refunded the movables received as gifts during or after the marriage from the family of the Petitioner No. 2-wife and she has also returned the same to the Petitioner No. 1’s side save and except her ‘Streedhan’ and there is no dispute with respect thereof between the parties at all.

10.  That the parties hereto have also decided on child custody amicably and both the children shall remain in the custody of the husband/father-Petitioner No. 1 and their future shall be looked after by the Petitioner No. 1 alone at his own level. However, the Petitioner No. 2 shall be having visitation rights and relationship with the two children as mutually agreed between the parties.

11.  That the parties hereto have decided on monthly maintenance to the wife-petitioner no. 2 and that she will be paid monthly maintenance of Rs. Twenty Thousand per month by the Petitioner No. 1: Husband which shall be proportionally enhanced with mutual consent in future after a decree of divorce.

12.  That the present petition is being filed bona fide and is not barred under the provisions of the Hindu Marriage Act or any other local/religious law.

13.  That the consent of the parties has not been obtained either under fraud, misrepresentation, coercion, undue influence or force and thus the same is valid for all purposes.

14.  That the petition filed is not barred under Section 13-B of the Hindu Marriage Act, 1955 inasmuch as the parties/petitioners are living separately and more than one year has passed since thereafter i.e., since before 31^st July 2022 the parties are living separately, and they have mutually agreed that the marriage should be dissolved by a decree of divorce which is permissible in the eyes of law. 

15.  That the present suit has been appropriately valued.

PRAYER

In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:

A)    pass appropriate order/orders dissolving the marriage in between the parties by a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955.

And for this, the petitioners shall ever pray.

 

                                                                                                        Ram Kumar Sahoo

Petitioner No. 01(Husband)

                                                                                                  Mamata Sahoo

                                                                                                                        Petitioner No. 2 (Wife)

 

Place: Bhubaneswar

Date: 7^TH September, 2022.

MR. Ashit Tripathy

(Advocate For Petitioner)

VERIFICATION

We, Ram Kumar Sahoo and Mamata Sahoo, being the Petitioner No. 1 and 2 respectively having above address, do hereby verify the contents of this petition to be true and correct and we pray jointly for a decree of divorce by way of mutual consent. We state that the contents of this petition from Paras 1 to 15 along with the prayer are read over and explained to us, and we have given our signature of consent hereinbelow.

 

                                                                                                            Ram Kumar Sahoo

Petitioner No. 01(Husband)

                                                                                                                                           (Mamata Sahoo)

                                                                                                            Petitioner No. 2 (Wife)