IN THE COURT OF THE PRINCIPAL FAMILY COURT, AT BANGALORE

M. C. NO. / 2012

BETWEEN: -

1.------

Name and address of one spouse

--Petitioner No 1

2. Name and address of

the other spouse.--Petitioner No 2

AND

Nil--Respondent

MEMORANDUM OF MUTUAL CONCENT PETITION UNDER SECTION 13 B OF THE HINDU MARRIAGE ACT, 1955

The Petitioners above named humbly begs to submit as follows:

  1. That the address of the Petitioners for the purpose of service of notice and summons is as stated in the cause title. The Petitioners may also be served through their counsel (address of the advocate).
  2. The Petitioners submit that they got married on ______at ______, as per Hindu rites. Both the parties are Hindus by religion.The said marriage was also registered before the Local Registrar of Marriages,______. A grand reception was also held at ______.
  3. The Petitioners submit that it was an arranged marriage. Immediately after the marriage they were residing at Bangalore as both of them are permanent residents of Bangalore and they were working at that point of time at Bangalore. The Petitioner No 1 even now resides as well as works at Bangalore. Though the Petitioner No 2 is a permanent resident of Bangalore presently he works at U.S.A.
  4. The Petitioners submit that they do not have any children out of the wedlock.
  5. It is submitted that due to gross incompatibility, difference’s in life styles and for the reason that both the Petitioners have different temperaments and tastes, the Petitioners could not reside together for more than 1 year. In fact during this 1 year there were frequent quarrels and misunderstandings and the relationship further deteriorated.
  6. The Petitioners submit that though they have tried to save their marriage their efforts became a futile attempt. The attempts made by the parents, friends, relatives and well wishers of both the petitioners to reconcile the parties failed. Both the Petitioners are not in a position to continue their marital knot. Both the Petitioners could not have any conjugal relationship since past 1 year and have been residing separately for more than one year.
  7. The Petitioners submit that under such circumstances they are unable live together as husband and wife and they have mutually agreed that their marriage should be dissolved by a decree of divorce. It has reached to such a stage that there are no possibilities whatsoever of re conciliation. The marriage has been irretrievably broken down.
  8. The Petitioners submit that both the Petitioners are gainfully employed. The Petitioner No 1 does not claim any maintenance from the Petitioner No 2, likewise the Petitioner No2 too does not claim any maintenance from the Petitioner No 1. The Petitioners have mutually exchanged all the gifts and articles presented at the time of marriage.
  9. The Petitioners submit that there is no collusion between the parties and for bonafide and genuine reasons this Petition has been filed.
  10. The Petitioners submit that both the parties are permanent resents of Bangalore, Immediately after the marriage they were working as well as residing at Bangalore. The Petitioner No 1 presently stays and works at Bangalore. Therefore this Hon’ble Court has Jurisdiction to entertain this petition.
  11. The Petitioners submit that the cause of action for this Petition arose on ______the date of marriage. Further after lapse of one years when the Petitioners started residing separately due to gross incompatibility.
  12. A court fee of Rs. /- is paid on this petition as per the K.C.F. and S.V.Act.
  13. This Petition being filed well within the period of limitation.

PRAYER

Wherefore, the Petitioners respectfully pray that this Hon’ble Court may be pleased to dissolve the marriage dated ______solemnised between the Petitioners at______and registered before the Registrar of Hindu Marriages ______, by granting a decree of divorce, or to pass such other further order/s under the facts and circumstances of the case, in the interest of Justice and equity.

PETITIONER No.1

PETITIONER No.2

VERIFICATION

We, ______the Petitioner No.1 and ______the Petitioner No.2, do hereby verify, state and declare that what is stated in the above paragraphs are true and correct to the best of our knowledge, information and belief.

PETITIONER No.1

PETITIONER No.2

Bangalore

Date: