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Author Topic: Process of getting consensual divorce  (Read 174 times)

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Offline LawBoy70

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Process of getting consensual divorce
« on: August 29, 2018, 04:52:13 AM »
What is the process of getting consensual divorce from a marriage of 20+ years? Does a reason need to be stated? How much time will it take? How much will it cost?

The husband is ready to give 50% of all assets to wife? Wife says she wants nothing but husbands wants to give this? Is it possible to make an agreement which gives 50% of assets without actually auditing or detailing the assets? Can monthly alimony be skipped by giving 50% of assets?

How does one go about finding a good lawyer in Mumbai?

Offline advbose

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Re: Process of getting consensual divorce
« Reply #1 on: August 29, 2018, 07:46:05 AM »
In the mutual divorce petition mention all that you want to give your wife and end the marriage woth limpsum amount.

Offline kalaskarkk

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Re: Process of getting consensual divorce
« Reply #2 on: August 29, 2018, 08:18:07 AM »
Dear Sir,
Following is the format of mutual divorce in the similar nature of fact.


===============================
IN THE COURT OF HON’BLE ,
PRINCIPAL SENIOR CIVIL JUDGE AND FAMILY COURT,
NELMANGALA, BENGALURU RURAL DISTRICT

H.M.A. NO.     OF 2017

BETWEEN:

SRI. K.THIPPESWAMY
Aged about 48 years
S/o Late Khyasya Naik,
R/at No.31, Guttepalya,
Hanumantha Nagara,
Arishinakunte Post,
Kasaba Hobli,
Nelamangala Taluk,
Bengaluru Rural District,
PIN: 562123                     …   Petitioner No. 1
(Mob: 9743068167 and
 7676801038)   

Working Address:
Attender, Office of the
Deputy Commissioner,
Bengaluru Rural Dist,
V.V.Tower, Bengaluru-1
Now on OOD in the office
Of the Head of the Legal Cell,
Revenue Department,
Room No.625, 6th Floor,
Ist Gate, M.S.Building,
Bengaluru-560001.
       
   
AND

Mrs. NAGUBAI
Aged 42 years
W/o Sri. K. Thippeswamy,
R/at No.31, Guttepalya,
Hanumantha Nagara,
Arishinakunte Post,
Kasaba Hobli,
Nelamangala Taluk,
Bengaluru Rural District,
PIN: 562123
Mob: 98443107498               …Petitioner No.2

PETITION FOR MUTUAL DIVORCE BY CONSENT OF BOTH THE PARTIES UNDER SECTION 13 (B) (2) OF HINDU MARRIAGE ACT, 1955 AS AMENDED UP-TO-DATE

Sir,
1.   That the marriage between the Petitioner No. 1 and the Petitioner No. 2 was solemnised according to Hindu rites, customs and ceremonies on 15.05.1990 at Ganesha Temple, Mysore Bank Circle, Opp: City Civil Court, Bengaluru-09. The duly attested affidavit of both the parties in support of their marriage is filed herewith.
2.   That the status and place of residence of the parties to the marriage, before the marriage and at the time of filing the present petition were/are as follows:

HUSBAND/PETITIONER NO.1

   Status   Age   Place of Residence
Before Marriage   Hindu Unmarried   22   R/at 675, Muncipal Quarters
No.2, Subhash Nagara,
Nelamangala Town
Pin 562123
At the time of filing the petition   Hindu Married   48   R/at No.31, Guttepalya,
Hanumantha Nagara,
Arishinakunte Post,
Kasaba Hobli,
Nelamangala Taluk,
Bengaluru Rural District,
PIN: 562123

WIFE/PETITIONER NO.2

   Status   Age   Place of Residence
Before Marriage   Hindu Unmarried   19   R/at BWDSSB Road,
Near KSRTC Depot
Kanakpura Town
Pin 562117
At the time of filing the petition   Hindu Married   42   R/at No.31, Guttepalya,
Hanumantha Nagara,
Arishinakunte Post,
Kasaba Hobli,
Nelamangala Taluk,
Bengaluru Rural District,
PIN: 562123

The marriage was solemnised between the parties at Bengaluru, Karnataka.
3.   That the parties were Hindu at the time of their marriage and they continue to profess the same religion thereafter.
4.   That after their marriage, the parties to the present petition started living together/cohabiting as husband and wife.
5.   The Petitioner No. 1 and Petitioner No. 2 lived together as husband and wife for a period of around 27 years and begotten one male and one female children and both of them married.
6.   That both the Petitioners, pursuant to their marriage, developed temperamental differences and have not been able to live together.
7.   That all efforts for reconciliation and resolution of the differences made by the Petitioners, their family members and well wishers have failed, and the parties to the petition have decided that it is in their best interests to dissolve their marriage. The Petitioner No. 1 and Petitioner No. 2 believe that there is no possibility of their living together again as husband and wife. The marriage between the parties has broken down due to irreconcilable differences.
8.   That seeing the futility of the efforts made to reconcile, the parties filed a Petition under Section 13B(1) of the Hindu Marriage Act, 1955 seeking dissolution of their marriage by a decree of divorce by mutual consent.
9.   That out of the total  and final settlement both the parties mutual agreed as follows:
a)   That petitioner No.1/ husband agreed to pay 70% of his salary to petitioner No.2/ Wife, every month during his lifetime, on retirement petitioner No.1 agreed to pay 70% of his pension to Petitioner No.2.
b)   That petitioner No.1/ husband agreed to pay 70% of his terminal benefits receivable on retirement  to petitioner No.2/ Wife.
c)   That petitioner No.1/ husband agreed to discharge house loan by paying regular EMI’s. After discharge of entire loan the above said house property shall be gifted by way of Registered Gift Deed either in the name of Son Sri.Yogesh Naik or Petitioner No.2/Wife, as per the instructions of Petitioner No.2/Wife.
d)   That petitioner No.1/ husband agreed to allow the petition No.2/ Wife and her son. Sri. Yogesh Naik  to reside in the schedule premises that is No.31, Guttepalya, Hanumantha Nagara,  Arishinakunte Post,  Kasaba Hobli, Nelamangala Taluk, Bengaluru Rural District,  PIN: 562123.
e)   That petitioner No.1/ husband after this mutual divorce agreed to stay either in PG centre or in any separate rented house.
f)   That petitioner No.2/ Wife shall not disturb the private life of petitioner No.1/ husband from the date of this mutual divorce.
g)   That petitioner No.2/ Wife shall not claim any amounts from petitioner No.1/ husband and not entitled for any enhanced  monthly maintenance and/or any lumpsum amounts other than agreed above. 
h)   The petitioner No.1/agreed to issue a direction to his employer and his bankers to remit from his SB A/c No.54044686064, standing at State Bank of India, Dr. Ambedkar Beedhi Branch, Bengaluru-1, in to the S.B.A/c No.            Of petitioner No.2/Wife standing at Vijaya Bank, B.H.Road, Roopa Talkies, Nelamangala Town.
10.   That, pursuant to the above mutual terms, both petitioner No.1 and 2 agreed for mutual divorce. 
11.   It is further stated that efforts were made by the Petitioners to mutually resolve their disputes. However, there is no possibility or probability of reconciliation between the Petitioners in the future due to their temperamental differences and as such they have mutually agreed and decided to dissolve their marriage by way of mutual consent. Both the parties have amicably settled their claims in respect of the compromise and thus have no claim against each other. All the differences in respect of the same have been settled.
12.   It is further stated that as per the aforementioned settlement/compromise between the parties, the parties are ready to live their lives separately and after obtaining the decree from this Hon’ble Court, they will be free to live their lives as per own terms and no party will interfere in the life of the other.
13.   That it is reiterated herein that it has also been agreed between the Petitioners that both shall keep their own belongings with them and that the items received by a party at the time of marriage from the other party and obtained by the said party independently during the course of the marriage have been duly returned/retained and the same has been duly acknowledged by the other party.
14.   That, it has been agreed between the Petitioners that they shall be present in person before the competent court of jurisdiction for making/signing statements, executing all documents, etc. as may be required during the course of  divorce proceedings or for any ancillary purpose thereof. It is also agreed that both parties shall fully co-operate with each other in this regard.
15.   That the Petitioners shall not claim any maintenance, permanent alimony of past, present and future from the other petitioner and no claims past, present or future pertaining to any belongings shall be made by either petitioner as all the claims against each other have been mutually settled as stated above. In full and final settlement in the above terms.
16.   That it has been mutually agreed between the parties to the petition that they shall not initiate any other legal proceedings against each other or the family members in respect of their marriage nor will raise any claim whatsoever against each other. That it has further been agreed between both the Petitioners that they will not level any kind of allegation against each other or in the name of their relatives / friends as all the claims arising out of the said wedlock have been settled finally.
17.   That the present petition under Section 13 (B) (2) of the Hindu Marriage Act, 1955 is being filed after the lapse of 2 years from the date of judicial separation as record under law for allowing this Petition under Section 13 (B) (1) of the Act. Further, there has not been any unnecessary or improper delay in filing the petition as provided under law.
18.   That both the Petitioners have condoned the acts and omissions of each other and no claim of either of the Petitioners survives as against the other Petitioner.
19.   It is stated that the mutual consent of the Petitioners to dissolve their marriage has been obtained out of free will and desire, and has not been obtained by way of force, fraud, misrepresentation and/or under any undue influence or coercion.
20.   That no other petition has been filed by the parties earlier in respect of the relief claimed for in the present petition and that the present petition is not presented by the parties/Petitioners in collusion with each other.
21.   That there is no legal impediment/ground for which the relief sought in this petition can be denied to the Petitioners. It is further submitted no other efficacious remedy is available with the parties for dissolution of their marriage except the by way of the present petition.
22.   That the Petitioners submit that this Hon’ble Court has the territorial jurisdiction to entertain and decide the present petition.
23.   The Petitioners submit that requisite Court Fee has been affixed upon the present petition.
PRAYER
WHEREFORE, most respectfully prayed that in the facts and circumstances of the case and in the interest of justice, this Hon’ble Court may be pleased to:
A).   pass a decree of divorce under Section 13B(1) of the Hindu Marriage Act, 1955 in favour of the Petitioners and the statement of both the Petitioners may be recorded under Section 13B(2) of the Hindu Marriage Act, 1955; and
B).   any further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.

Petitioner No.1               Petitioner No.2
[SRI. K.THIPPESWAMY ]         [Mrs. NAGUBAI]

      
Through                      Through


[RAGHAVENDRA]                  [________________]   
   Advocate for                   Advocate for
 Petitioner No. 1                    Petitioner No. 2

Dated: ___.10.2017

We the above named Petitioners state on solemn affirmation at Nelamangala on this ____ day of October, 2017 that the contents of para Nos. 1 to ____ of the petition are true and correct to the best of our knowledge and belief. Nothing material has been concealed there from. The last para is the prayer to this Hon’ble Court.


Petitioner No.1                      Petitioner No.2         


   
IN THE COURT OF HON’BLE ,
PRINCIPAL SENIOR CIVIL JUDGE AND FAMILY COURT,
NELMANGALA, BENGALURU RURAL DISTRICT

H.M.A. NO.     OF 2017

IN THE MATTER OF:

K. Thippeswamy                         …Petitioner No. 1
   
AND

Mrs. Nagubai                        …Petitioner No. 2

            AFFIDAVIT
I, SRI. K.THIPPESWAMY S/o Late Khyasya Naik,  R/at No.31, Guttepalya, Hanumantha Nagara,  Arishinakunte Post,  Kasaba Hobli,  Nelamangala Taluk, Bengaluru Rural District, Pin: 562123, do hereby solemnly affirm and declare as under:-
1.   That I am Petitioner No. 1 in the accompanying Petition for dissolution of marriage by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 and am, hence, competent to swear this affidavit.
2.   That I have read and understood the accompanying Petition. The contents of the same are true and correct to my knowledge and belief, and the same are not repeated herein for the sake of brevity and may kindly be read as part and parcel of this affidavit.
3.   I state that the averments of facts stated herein above are true to my knowledge and belief and no part of it is false and nothing material has been concealed there from.

DEPONENT
VERIFICATION
Verified at Nelamangala on this ____ day of October, 2017, that the contents of this affidavit are true and correct to my knowledge and belief. No part of it is false and nothing material has been concealed there from.

    DEPONENT
Identified by me

Advocate
Place: Nelamangala
Date: 
IN THE COURT OF HON’BLE ,
PRINCIPAL SENIOR CIVIL JUDGE AND FAMILY COURT,
NELMANGALA, BENGALURU RURAL DISTRICT

H.M.A. NO.     OF 2017

IN THE MATTER OF:

K. Thippeswamy                         …Petitioner No. 1
   
AND

Mrs. Nagubai                        …Petitioner No. 2

            AFFIDAVIT
I, Mrs. NAGUBAI  W/o Sri. K. Thippeswamy,  R/at No.31, Guttepalya, Hanumantha Nagara,  Arishinakunte Post,  Kasaba Hobli,  Nelamangala Taluk,  Bengaluru Rural District,  Pin: 562123, do hereby solemnly affirm and declare as under:-
1.   That I am Petitioner No. 2 in the accompanying Petition for dissolution of marriage by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 and am, hence, competent to swear this affidavit.
2.   That I have read and understood the accompanying Petition. The contents of the same are true and correct to my knowledge and belief, and the same are not repeated herein for the sake of brevity and may kindly be read as part and parcel of this affidavit.
3.   I state that the averments of facts stated herein above are true to my knowledge and belief and no part of it is false and nothing material has been concealed therefrom.

DEPONENT
VERIFICATION
Verified at Nelamangala on this ____ day of October, 2017, that the contents of this affidavit are true and correct to my knowledge and belief. No part of it is false and nothing material has been concealed there from.

    DEPONENT
Identified by me

Advocate
Place: Nelamangala
Date:
















IN THE COURT OF HON’BLE ,
PRINCIPAL SENIOR CIVIL JUDGE AND FAMILY COURT,
NELMANGALA, BENGALURU RURAL DISTRICT

H.M.A. NO.     OF 2017

IN THE MATTER OF:

K. Thippeswamy                         …Petitioner No. 1
   
AND

Mrs. Nagubai                                …Petitioner No. 2


INDEX

S.No.   Particulars   Pages
1.   Petition U/s 13-B(2) of the Hindu Marriage Act, 1955 with affidavits   
2.   Copies photographs.   
3.   Copies of address proof of Petitioner Nos. 1 and 2.   
4.   Salary Slip and Identiy Card.   
5.   Vakalatnama   

         
Place: Nelamangala
Dated:       10.2017

Filed by:-

[K. RAGHAVENDRA]               [________________]   
   Advocate for                   Advocate for
 Petitioner No. 1                    Petitioner No. 2

Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
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