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Ram Yatan Sharma Memorial Trust
Full Stop No. 03/2023
(Family – Dispute)
Date of Compromise- 27.03.2023
Court Case Details:
Name of the Court: – Principal Judge, Family Court, Muzaffarpur, Bihar
Matrimonial Case No. 146/2023
Name of the Petitioner No. 01: – XXXXXXXXX (Husband)
Name of the Petitioner No. 02: – XXXXXXXX (Wife)
Address of the Husband– XXXXXXXXX S/o Shri XXXXXXX
A Resident of Mohalla/Village- XXXXXX, Po- XXXXXXX
Ps- Town, District- Muzaffarpur, Pin- 842001.
Address of the Wife – XXXXXXXX S/o Shri XXXXXXXXXX
Permanently Residing at Mohalla – XXXXXXXXX, Po- XXXXXXX
District- Patna, Pin- 800012.
Both parties physically present the office of the “Dispute-Eater”. Earlier the parties and their guardians had previously attended the office of the “Dispute-Eater” by agreement in which both the parties agreed to remain together but after two years, the dispute started again between the two. So, both parties again appeared in the office today. The physical meeting between the two lasted for about three hours. After the meeting, both parties agreed on the point of divorce by consent. And now, the dispute between the parties came to a full-Stop.
With the consent of both parties, an application for divorce has been prepared which is as follows:-
The Principal Judge, Family Court
Matrimonial (Consent Divorce) Case No. 146/2023
Mr. XXXXXXXXX Chatterjee aged about 34 years.
S/o Shri XXXXXXXX Kumar Chatterjee
A Resident at: – XXXXXXX Road
Po- GPO Muzaffarpur, Ps – Town
Mobile No. – XXXXXXX ……………………… Petitioner No. 01
Smt. XXXXXXX Banerjee @ XXXXXX aged about 24 Years.
W/o XXXXXXXX Chatterjee, D/o Shri XXXXXXX Banerjee
A Resident at XXXXXX ITI, Near Eye Hospital
Po- XXXXXXX Ps- Digga, District- Patna Bihar – 800012
Mobile No. XXXXXXXXXXX ………………………Petitioner No. 02
The humble application U/s 13 (B) of the Hindu Marriage Act for Divorce by Mutual Consent on behalf of both the Parties (Petitioner no. 01 (Husband) namely XXXXXXX Chatterjee and Petitioner no. 02 (Wife) namely XXXXXXX Banerjee @ XXXXXXX
Most Respectfully Sheweth: –
- That the petitioner and the Respondent are legally wedded spouses. The marriage between them was solemnized on XXXXXXX with Hindu rites and customs by completing all the seven steps before the secret fire popularly known and called Saptapadi at the residence of the Respondent located at Patna, Bihar.
- That the Parties to the marriage are governed under the Dayabhag School of Law and at the time of the marriage the Petitioner was above 21 years of his age whereas the Respondent was above 18 years of her age. Hence parties to the marriage were major according to the law by which they are governed.
- That the parties to marriage lastly resided together at Muzaffarpur within the jurisdiction of the court, hence the Divorce Petition is being filed at Muzaffarpur.
- That there was matrimonial disharmony and differences between the parties in the relationship they have been living separately since XXXXXXXX more than that one year. Since XXXXXXX Petitioner No. 01 has been living in Muzaffarpur whereas Petitioner no. 02 is living in Patna.
- That during the period of XXXXXXX to XXXXXX, several attempts for a reconciliation of dispute and reunion between the parties was taken place in presence of the parties, their father, the punches, and the well-wishers but all effort yielded without any fruitful result.
- That ultimately with the effort of “Dispute-Eater” the dispute between the parties has been settled and both the parties to the present petition have come to a conclusion that their marriage should be dissolved by a decree of mutual consent. Therefore, the present petition is being moved by the petitioners mutually before the hon’ble court to dissolve their marriage on the following Conditions namely: –
- That there shall be no claim left against Petitioner No. 02 by Petitioner No. 01 in any manner whatsoever against Stridhan, past, present, and future maintenance and permanent alimony or any other claim in connection with the present marriage/dissolution.
- That both parties shall not lay any claim against the property of each other.
- That the Petitioner no. 02 shall withdraw the case as filed by him in the court of Patna namely Maintenance Case No. 277/2019.
- That the Petitioner no. 01 shall withdraw the case as filed by her in the court of family court Muzaffarpur namely Divorce case no. 258/2019.
- That except for the above cases no other cases are pending between the parties in any other court either in Muzaffarpur or other than Muzaffarpur.
- That the petitioner no. 02 shall not claim any amount of maintenance from Petitioner no. 02 in the future.
- That both the parties agreed not to file any case against each other in the future in any court.
- That the petitioners have been living separately since 03.2022 for more than one year and they have not been able to live together, and they have mutually agreed that the marriage should be dissolved; hence this case is filed for divorce by mutual consent.
- That the parties to the case are not in collusion with each other rather they have filed this case of their free will and consent. For the removal of doubt, it would be necessary to mention here that the consent of the parties has not been obtained by force, fraud, or undue influence.
- That there has not been any unnecessary or improper delay in instituting this case.
- That there is no other legal ground as to why the relief should not be granted.
- That the Petitioners have not filed any other case for dissolution of marriage in any other court earlier.
- That if either party breaches the agreement in the present petition, the aggrieved party will have the right to take the course of legal action in the proper court of law.
- That the parties have no remedy left except this Case. Hence this petition is filed before this court.
- That the cause of action arose to the parties jointly on XXXXXXX when both parties have been living separately for more than that of a year i.e., since XXXXXXXXXX.
- That for the purpose of dissolution of marriage with mutual consent a fixed court fee of Rs. 250.00 is filed.
- That the petitioner seeks the following Relief/Reliefs: –
i.That on the adjudication of the truth of the facts as stated above, the court be pleased to pass a decree for divorce by mutual consent in favour of both parties.
ii. That any other relief or reliefs to which the parties to the case are found to be entitled be granted in favour of petitioners.
XXXXXXXXX Chatterjee XXXXXXX Banerjee @ XXXXXXX
Signature of the Petitioner no. 01 Signature of the Petitioner no. 02
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