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IN THE COURT OF PRINCIPAL FAMILY JUDGE, AT BANGALORE

M.C. No. /2022

1. Smt.KAVYA. K
aged about 29 years,
W/o.Sri.Avinash S,
D/o.Krishnegowda,
presently residing at No.2,
1st Main, 7th Cross, Kenchenahalli,
VTC: Bangalore South,
PO: Rajarajeshwarinagar,
BANGALORE – 560 098. FIRST PETITIONER

2. Sri.AVINASH. S
Aged about 32 years,
S/o.Sri.Srinivasa,
resident of No.171/6,
Krishna Temple Road,
Doddabommasandra,
BANGALORE – 560 097 SECOND PETITIONER

V/s

Nil
RESPONDENT

MEMORANDUM OF PETITION UNDER SECTION 13-B OF THE


HINDU MARRIAGE ACT, 1955.

The Petitioners above named begs to state as follows:-

1. The address of the first Petitioner and the second Petitioner for
the purpose of the services of notice, summons, etc., of this
Hon’ble Court is as shown in the cause title and also that of
the First petitioner and Second Petitioner Advocates, Sri.MANU
DEV. B.N, having chambers at No.689, 6th Cross,
Hanumanthnagar, BANGALORE – 560 019.

2. It is submitted that, the Petitioners belonged to the same


community and caste and the marriage between the first
Petitioner and second Petitioner was duly performed
according to Hindu customs and rituals in the presence of
parents, elders and friends of both the families on 27-06-
2021 at Karnataka Sri Yadahalli Siddeshwara Temple, T.
Narasipura Talak, Bannur hobli, Yadahalli, Karnataka –
571101, The original Marriage Photo of the petitioners is
produced herewith and marked as DOCUMENT No.1. The
original of the Wedding Card is produced herewith and marked
as DOCUMENT No.2. The original CD of the Wedding is
produced herewith for kind perusal of this Hon’ble Court and
marked as DOCUMENT No.3 The copies of Aadhaar Cards of
first Petitioner and the second Petitioner is produced herewith
and marked as DOCUMENT No.4 and DOCUMENT No.5
respectively for the kind perusal of this Hon’ble Court.

3. The First Petitioner started living in the Second Petitioner house


which was their marital house immediately after the wedding at
resident of No.171/6, Krishna Temple Road,
Doddabommasandra, BANGALORE – 560 097,

4. The Petitioners submit that, the Petitioners had cordial


relations with each other and their families in the
beginning, but later difference arose. These differences
resulted in frequent quarrels and other unsavory incidents. As
a result there was a lot of stress between them in day to day
life. The petitioners tried to lead a normal life. Though, the
friends and elders in their family tried to settle their differences
and disputes, their efforts absolutely went in vain. Both the
petitioners felt that this broken relationship is irreparable and
hence felt that they could not live together anymore and
thereby decided to dissolve their marriage. As a result they
started residing separately; the first Petitioner has been
residing with her parents at the address stated above in
the cause title since from________. Out of the above said
legal and lawful wedlock, no children are born to the
petitioners.

5. The Petitioners submit that, now both the Petitioners have


come to a mutual understanding to put an end to their
marriage and have decided to take divorce by mutual
consent. The incompatibility has paved the way for both
the Petitioners to file this Joint Petition seeking divorce by
mutual consent. The Petitioners submit that, it is not
possible for them to live as husband and wife any further.
The First Petitioner shall not have any sort of claims in
whatsoever manner against the Second Petitioner towards
any future monthly maintenance or of any movable or
immovable in future from the Second Petitioner. Both the
Petitioners have returned the articles belongs the other
petitioner and there is no other articles pending to be
returnable to the either side.

6. The Petitioners submit that, apart from the above, there is


no any other claim against each other by both the
petitioners.

7. The Petitioners submit that, there is no collusion with each


other to live separately nor have they made this Petition
due to coercion or force, but the same has been made of
their own free will and accord.

8. It is submitted that they have come before this court by way of


this petition for divorce by mutual consent. Hereafter, the
parties have no relationship whatsoever either to person or
property against each other.

9. The cause of action arose on 27-06-2021 when the marriage


between the petitioners was solemnized and thereafter on
_________ when the petitioners decided to live separately.

10. It is submitted that both the petitioners last place of residence


was at Bangalore and this Hon’ble Court has jurisdiction to grant
the prayer as sought by the petitioners.

11. Both the petitioners have paid the prescribed court fee of
Rs.100/-on this Petition under Schedule II and Article I of the
Karnataka Court fee and Suits Valuation Act.

WHEREFORE, the petitioners humbly pray that this Hon’ble Court be


pleased to pass a Judgment and decree dissolving the marriage
solemnized on __________at Karnataka Sri Yadahalli Siddeshwara
Temple, T. Narasipura Talak, Bannur hobli, Yadahalli, Karnataka –
571101, between the petitioners and pass such other orders in the
interest of justice and equity.
ADVOCATE FOR PETITIONER NO.1 FIRST PETITIONER

ADVOCATE FOR PETITIONER NO. 2 SECOND PETITIONER

Bangalore
Dt:

VERIFICATION

We, Kavya K, the first petitioner and Avinash S, the second


petitioner, do hereby declare that what are all stated in the above
Petition para 1 to 11 are true to our knowledge and are correct.

(Kavya K) (Avinash S)
First Petitioner Second Petitioner

Bangalore
Dt:
IN THE COURT OF PRINCIPAL FAMILY JUDGE, AT BANGALORE

M.C. No. /2022

1. Smt.KAVYA. K
aged about 29 years,
W/o.Sri.Avinash S,
D/o.Krishnegowda,
presently residing at No.2,
1st Main, 7th Cross, Kenchenahalli,
VTC: Bangalore South,
PO: Rajarajeshwarinagar,
BANGALORE – 560 098. FIRST PETITIONER

2. Sri.AVINASH. S
Aged about 32 years,
S/o.Sri.Srinivasa,
resident of No.171/6,
Krishna Temple Road,
Doddabommasandra,
BANGALORE – 560 097 SECOND PETITIONER

V/s

Nil
RESPONDENT

VERIFYING AFFIDAVIT

We, Kavya K, aged about 29 years, W/o.Sri.Avinash.S,


D/o.Krishnegowda, presently residing at No.2, 1 st Main, 7th Cross
Kenchenahalli, VTC: Bangalore South, PO: Rajarajeshwarinagar,
BANGALORE – 560 098 and Avinash S Aged about 32 years, S/o.
Srinivasa, resident of No.171/6, Krishna Temple Road,
Doddabommasandra, BANGALORE – 560 097, do hereby solemnly
affirm and state on oath as under:

1. We affirm that we are the petitioners herein and as such we


know the facts of the case. We have jointly filed this petition for
a divorce with mutual consent under Section 13-B of Hindu
Marriage Act.

2. We affirm that the statements made in the petition from


paragraph 1 to 11 are true to the best of our knowledge,
information and belief.

3. We affirm that the documents annexed herewith are Original


Photograph, Original invitation Card and IDs of the petitioners.
DEPONENTS

VERIFICATION

We, Kavya K, the first petitioner and Avinash S, the second


petitioner, do hereby declare that this is our names and signatures
and the contents of this affidavit are true to the best of our
knowledge and belief.

Identified by me

ADVOCATE DEPONENTS
Place: Bangalore
Dt:
IN THE COURT OF PRINCIPAL FAMILY JUDGE, AT BANGALORE

M.C. No. /2022

1. Smt.KAVYA. K
aged about 29 years,
W/o.Sri.Avinash S,
D/o.Krishnegowda,
presently residing at No.2,
1st Main, 7th Cross, Kenchenahalli,
VTC: Bangalore South,
PO: Rajarajeshwarinagar,
BANGALORE – 560 098. FIRST PETITIONER

2. Sri.AVINASH. S
Aged about 32 years,
S/o.Sri.Srinivasa,
resident of No.171/6,
Krishna Temple Road,
Doddabommasandra,
BANGALORE – 560 097 SECOND PETITIONER

V/s

Nil
RESPONDENT

APPLICATION UNDER SECTION 13 OF THE FAMILY COURTS ACT

The petitioners herein prays for the reasons stated in the annexed
affidavit that this Hon’ble Court be pleased to permit them to
prosecute the above case through a counsel appointed by them
before this Hon’ble Court in the interest of equity and justice.

PETITIONER NO.1 PETITIONER NO.2

Place: Bangalore
Dt:
IN THE COURT OF PRINCIPAL FAMILY JUDGE, AT BANGALORE

M.C. No. /2022

1. Smt.KAVYA. K
aged about 29 years,
W/o.Sri.Avinash S,
D/o.Krishnegowda,
presently residing at No.2,
1st Main, 7th Cross, Kenchenahalli,
VTC: Bangalore South,
PO: Rajarajeshwarinagar,
BANGALORE – 560 098. FIRST PETITIONER

2. Sri.AVINASH. S
Aged about 32 years,
S/o.Sri.Srinivasa,
resident of No.171/6,
Krishna Temple Road,
Doddabommasandra,
BANGALORE – 560 097 SECOND PETITIONER

V/s

Nil
RESPONDENT

AFFIDAVIT

We, Kavya K, aged about 29 years, W/o.Sri.Avinash.S,


D/o.Krishnegowda, presently residing at No.2, 1st Main, 7th Cross
Kenchenahalli, VTC: Bangalore South, PO: Rajarajeshwarinagar,
BANGALORE – 560 098 and Avinash S Aged about 32 years, S/o.
Srinivasa, resident of No.171/6, Krishna Temple Road,
Doddabommasandra, BANGALORE – 560 097, do hereby solemnly
affirm and state on oath as under:

1. We affirm that we are the petitioners herein and as such we


know the facts of the case. We have jointly filed this petition for
a divorce with mutual consent under section 13-B of Hindu
Marriage Act.

2. We affirm that though we are literate, we are quite ignorant


about the law and also the procedures of prosecuting our case
before this Hon’ble Court. Hence, we need the services of a
counsel to represent us before this Hon’ble Court and to
prosecute the same in accordance with law. Hence, it is just
and necessary to permit us to engage a counsel.
Wherefore, we respectfully pray that this Hon’ble Court be pleased to
permit us to engage a counsel to represent us and to prosecute the
case on our behalf in the interest of equity and justice.

DEPONENTS

VERIFICATION

We, Kavya K, the first petitioner and Avinash S, the second


petitioner, do hereby declare that these are our names and
signatures and the contents of this affidavit are true to the best of
our knowledge and belief.

Identified by

ADVOCATE DEPONENTS

Place: Bangalore

Dt:
BEFORE THE PRINCIPAL FAMILY COURT, AT BANGALORE

M. C. …………….. /2022

Smt.KAVYA. K & Another PETITIONERS


Vs.
Nil RESPONDENTS

LIST OF DOCUMENTS

1. Original Marriage Photos of the Petitioners - Original

2. Copy Marriage Invitation Card of the Petitioners - Original

3. C.D of the Marriage photo’s of the Petitioners - Original

4. Aadhaar Card of the First Petitioner - Copy

5. Aadhaar Card of the Second petitioner - Copy

Bangalore ADVOCATE FOR PETITIONERS


Dt:
BEFORE THE PRINCIPAL FAMILY COURT, AT BANGALORE

M. C. …………….. /2022

Smt.KAVYA. K & Another PETITIONERS


Vs.
Nil RESPONDENTS

INDEX

SL NO. DESCRIPTION PAGE NO.


Petition under section 13 B of the
1.
Hindu Marriage Act, 1955

2. Verifying affidavit

List of documents and along with


3.
documents
Declaration under Order VI rule
4.
14A of Code of Civil Procedure
IA No.1 under Section 13 of the
5.
Family Courts Act with Affidavit
IA No.2 U/s 13 B of the Hindu
6. Marriage Act, 1955 and 151 CPC
with an Affidavit

7. Vakalatnama

Bangalore
Date: Advocate for Petitioners
BEFORE THE PRINCIPAL FAMILY COURT, AT BANGALORE

M. C. …………….. /2022

Smt.KAVYA. K & Another PETITIONERS


Vs.
Nil RESPONDENTS

DECLARATION UNDER

ORDER VI RULE 14A OF CODE OF CIVIL PROCEDURE

The petitioners herein do hereby declare that the name and


address of the respondent mentioned in the petition / written
statement are registered one. Any correspondence by this
Hon’ble Court may be made to the addresses mentioned in the
petition / written statement.

Bangalore Petitioners
Dt.:

Verification
We, Kavya K and Avinash S, the deponents herein do hereby
verify and declare that what are all stated above are true to the
best of our knowledge, information and belief.

Bangalore Petitioners
Dt.:
IN THE COURT OF PRINCIPAL FAMILY JUDGE, AT BANGALORE

M.C. No. /2022

1. Smt.KAVYA. K
aged about 29 years,
W/o.Sri.Avinash S,
D/o.Krishnegowda,
presently residing at No.2,
1st Main, 7th Cross, Kenchenahalli,
VTC: Bangalore South,
PO: Rajarajeshwarinagar,
BANGALORE – 560 098. FIRST PETITIONER

2. Sri.AVINASH. S
Aged about 32 years,
S/o.Sri.Srinivasa,
resident of No.171/6,
Krishna Temple Road,
Doddabommasandra,
BANGALORE – 560 097 SECOND PETITIONER

V/s

Nil
RESPONDENT

APPLICATION UNDER SECTION 151 OF THE CODE OF CIVIL


PROCEDURE READ WITH SECTION 13B OF THE HINDU
MARRIAGE ACT 1954.

For the reasons sworn to in the accompanying affidavit, the

petitioners named above most humbly and respectfully pray that this

Hon’ble Court may kindly be pleased to waive the requirement of six

months period to consider the Joint petition for dissolution of

marriage with mutual consent, in the interest of Justice and Equity.

Bangalore
Date: ADVOCATE FOR PETITIONERS
IN THE COURT OF PRINCIPAL FAMILY JUDGE, AT BANGALORE

M.C. No. /2022

1. Smt.KAVYA. K
aged about 29 years,
W/o.Sri.Avinash S,
D/o.Krishnegowda,
presently residing at No.2,
1st Main, 7th Cross, Kenchenahalli,
VTC: Bangalore South,
PO: Rajarajeshwarinagar,
BANGALORE – 560 098. FIRST PETITIONER

2. Sri.AVINASH. S
Aged about 32 years,
S/o.Sri.Srinivasa,
resident of No.171/6,
Krishna Temple Road,
Doddabommasandra,
BANGALORE – 560 097 SECOND PETITIONER

V/s

Nil
RESPONDENT

AFFIDAVIT

We, Kavya K, aged about 29 years, W/o.Sri.Avinash.S,


D/o.Krishnegowda, presently residing at No.2, 1st Main, 7th Cross
Kenchenahalli, VTC: Bangalore South, PO: Rajarajeshwarinagar,
BANGALORE – 560 098 and Avinash S Aged about 32 years, S/o.
Srinivasa, resident of No.171/6, Krishna Temple Road,
Doddabommasandra, BANGALORE – 560 097, do hereby solemnly
affirm and state on oath as under:

1. We affirm that we are the petitioners herein and as such we


know the facts of the case. We have jointly filed this petition for
a divorce with mutual consent under Section 13-B of Hindu
Marriage Act.
2. We submit that, we have filed Joint Petition Under Section 13-
B of the Hindu Marriage Act for dissolution of Marriage with
mutual consent. We have been staying separately since
__________ and there is no scope of any reunion. This
inconvenience has paved the way for both of us to file Joint
Petition seeking divorce by mutual consent. As a result there
is a lot of stress between us in day to day life, it has affected
our health more. Hence the requirement of six months period
for considering the main petition may kindly be waived.

3. We further submit that, if this Hon’ble court does not allow the
accompanying application, we will be put to irreparable loss,
injury and hardship. On the other hand, no such loss or
hardship or hardship will be caused to anybody if this Hon’ble
Court allows the same.

WHEREFORE, we most humbly and respectfully pray that this


Hon’ble Court may kindly be pleased to allow I. A. Under Section 151
of the Code of Civil Procedure read with Section 13B of the Hindu
Marriage Act and waives the requirement of six months period, in the
interest of Justice and equity.

We do solemnly affirm and state that this is our true name and
signature and the contents of this affidavit are true and correct to the
best of our knowledge, information and belief.

Identified by me
DEPONENT
“Sworn to before me”

Advocate

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