District:-Kamrup

IN THE COURT OF THE PRINCIPAL JUDGE::FAMILY COURT::

KAMRUP::AT GUWAHATI (ASSAM)

F.C.(CIVIL) CASE No. /2009

IN THE MATTER OF:

A petition under section 13B of
the Hindu Marriage Act’1955
(Act 25 of 1955) as amended
upto date for divorce by mutual
consent.

-AND-

IN THE MATTER OF:

SMTI. _________________

(Assam).
…………First Petitioner

-AND-

IN THE MATTER OF:

SHRI

………….Second Petitioner.

The humble petition of the petitioners above

named.

MOST RESPECTFULLY SHEWETH:

1. That, both the First Petitioner and the Second Petitioner are citizens
of India and are presently residing at the aforesaid addresses.

2. That, the petitioners are by faith and religion Hindus and till filling
of the present petition they have never changed their religion.
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3. That, the petitioners got married on in accordance

with the Hindu rites and Assamese customs and the said marriage is
still subsisting. Be it stated here that at the time of the marriage both
the petitioners were of age above 21 years.

4. That, immediately after marriage both the petitioners started to live

at the Govt. Quarter of the father of the Second Petitioner at
(Assam)
as husband and wife.

5. That, out of the said marriage a girl child named was born
on . Be it stated here that the girl child of the petitioners
is presently under the custody of her mother, that is, the First
Petitioner who is taking due care of the child on her own without any
taking any help from the Second Petitioner.

6. That, although both the petitioners stated to live as husband and wife
but their marriage did not pull together being of different ideas,
habits, testes, thoughts and increasing incompatibility and soon the
relationship between them deteriorated to such extent that frequent
quarrels resulted in between them.

7. That, several reconciliations were made by their families and friends

but they could not adjust with one another and finally on
the First Petitioner out of free will and accord broke
the matrimonial home and withdrew herself from the society of the
Second Petitioner alongwith the girl child with all her personal
belongings and since then she has been living and residing at her
father’s residence at , mentioned hereinabove and
presently she has no desire nor any wish for any union with the
husband .

8. That, further efforts and attempts were made by mutual friends and
family members of both the family to effect a reconciliation and for a
resumption of the marital relationship but the same could not
become possible owing to the huge differences of their
temperaments and as such the married life of the petitioners become
impracticable and impossible.

9. That at present there is no love and/or emotional bonds in between

the petitioners and if forceful reconciliation is made, there is ever
chance of dangerous adverse physical and mental consequences.

10. That, the First Petitioner states that she and the Second Petitioner
have been separated and living apart for more than 2(two) years and
the duration of cohabitation prior thereof was not in any case much
more than a year.

11. That, both the petitioners have now mutually agreed and decided that
there is no reason for the continuance of the marital relationship and
thus they have further mutually agreed upon dissolution of their
marriage tie and hence this petition.
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12. That, the petitioners have also mutually agreed that as the girl child
is being taken care of by the mother, that is, the First Petitioner on
her own without taking any help from the Second Petitioner, the
custody of the girl child should remain in the hands of the First
Petitioner.

13. That, it is further mutually agreed that since the First Petitioner is
earning daily bread for her and the girl child by running a business of
her own, she decides not to claim for any maintenance alimony
either for her or for the girl child from her husband, that is, the
Second Petitioner.

14. That, both the petitioners states that there is no impediment to the
dissolution of the marriage.

15. That, the cause of action for this petition arose on ,

when both the petitioners were married and all other subsequent
dates thereafter till they have mutually decided that the marriage
should be dissolved in the mutual interest of the petitioners.

16. That, both the petitioners states that there are no other proceedings
and/or cases pending before any other court of law with regard to
their marriage.

17. That, there has not been any unnecessary or improper delay in
presenting this petition.

18. That, this petition is filed bona fide and not presented in collusion
between the petitioners.

In the premises aforesaid, it is

therefore prayed that YOUR
HONOUR be pleased to pass a decree
declaring the marriage solemnized
between the First and the Second
Petitioners under the Hindu Rites and
Assamese Customs on
be dissolved and/or be pleased to pass
other relief as this Hon’ble Court may
deem fit and proper.
It is further prayed that the
Petitioners be permitted to apply for
the passing of the decree of dissolution
on the expiration of 6(six) months
from the filing hereof.

And for this act, as in duty bound the Petitioners shall ever pray.
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VERIFICATION

We, (1)

(Assam), the aforesaid First Petitioner and (2) SHRI

(Assam), the aforesaid Second Petitioner, do hereby

verifies that what is stated herein above are true to the best of our
knowledge, information and belief.

And We sign this verification on this the _______ day of

________________’2009 at Guwahati (Assam).

FIRST PETITIONER

SECOND PETITIONER

Drafted by:- Mr. Indranil Gogoi,

Advocate,
Gauhati High Court.