Precedent No. 61

AFFIDAVIT: UNDER SECTION 13B OF THE

HINDU MARRIAGE ACT, 1955 –

DISSOLUTION OF MARRIAGE BY MUTUAL

CONSENT (FIRST MOTION)

BEFORE THE HON’BLE ADDL. DISTRICT COURT,
H.M.A. Petition No of 20

Petitioner No. 1:
Vs.
Petitioner No. 2:

AFFIDAVIT
I, , W/o , D/o ,

presently residing in

That the deponent abovenamed, hereby solemnly affirms and declares as
under:—

1.That the deponent herein is petitioner No. 1 in the accompanied petition and being well conversant with the facts and circumstances of the case, the deponent is fully competent to swear to this affidavit.
2.That the deponent was married to petitioner No. 2 at Delhi on as
per Hindu rites and ceremonies.
3. That after the marriage, a male child by the name of was born
out of the wedlock of the parties on
4.That the details mentioned in the accompanying petition, regarding the age, status and place of residence of the deponent at the time of marriage and at the time of institution of this petition, may be read as a part of this affidavit for the sake of brevity.
5.That the parties herein lived together in the house of petitioner No. 2 till the petitioner No. 1, owing to the temperamental differences with the petitioner No. 1 and absolute incompatibility between the two, left the matrimonial home on
6.That the parties could not live together and have been living separately since the aforementioned date and there has been absolutely no cohabitation between the parties ever since.
7.That owing to the failure of all efforts of both the parties at reconciliation, the marriage between the parties has come to an irretrievable breakdown.
8.That the parties have compromised all their disputes and have decided to seek divorce by mutual consent on the following terms:

The petitioner No. 2 has agreed to pay a sum of Rs in all to the
deponent towards maintenance past and future for the deponent and the minor child, stridhan, dowry in whatever form, etc., and thereafter the deponent will have no right to lay any claim, whatsoever, on the person or any property of petitioner No. 2.

 

That out of the aforesaid amount, a sum of Rs has already been
paid by petitioner No. 2 to the deponent by way of draft No
dated issued by in the Court of Shri on when the deponent had withdrawn her petition under section 125 of the Code of
Criminal Procedure. Further, out of the balance, a sum of Rs shall be
paid at the time of recording of the statement of the petitioners in the first
motion before this Court and another sum of Rs shall be payable at
the time of recording the statement in the second motion before this
Court and the balance of Rs will be payable at the time of quashing of the proceedings arising under sections 498A/406, IPC and that now
pending disposal in the Court of Shri
9. That it has been agreed between the parties that the child named above shall remain in care and custody of the deponent and petitioner No. 2 shall have visitation rights only.
10.That petitioner No. 2 shall never claim the custody of the said child and the deponent has undertaken not to claim any maintenance from petitioner No. 2 for the said child.
11.That the mutual consent has not been obtained by any force, fraud or undue influence.
12.That the petition has not been presented in collusion with the petitioner No. 2.
13.That there has not been any unnecessary or improper delay in filing this petition.
14.That there is no other legal ground, why the relief should not be granted.
SdJ Deponent.

 

                                                                             Verification

Verified at on this the day of , 20 ,
that the contents of the above affidavit are true and correct to the best of my knowledge, belief and information and nothing material has been concealed therefrom.
SdJ Deponent.
Solemnly affirmed and signed before me by the deponent, who is personally
known to me, on this the day of , 20
SdJ
Counsel for the deponent.
Note: Affidavit to be attested by the appropriate authority prescribed under law.

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