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    Assignment 2

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    Assignment 2

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    saradubey6666
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    Drafting materials

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    ASSIGNMENT 2

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    Assignment 2

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    saradubey6666
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    of 4

    BEFORE THE DISTRICT JUDGE OF KOLKATA

    MC NO. _______ OF 2020

    IN THE MATTER OF :-

    MR. SHIVAM TIWARI, S/O DIGVIJYA TIWARI …….. 1ST PETITIONER


    AND\
    MRS. DIVYA TIWARI, D/O SHANTI TIWARI ………. 2ND PETITIONER

    PETITION UNDER SECTION 13(B) OF THE HINDU MARRIAGE ACT, 1955 FOR
    DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT.

    MOST RESPECTFUL SHEWETH :-

    1. THAT THE MARRIAGE BETWEEN THE PARTIES WAS SOLEMNISED ON 25TH


    JANUARY AT ORCHID HALL KOLKATA, BY HINDU RITES AND
    CEREMONIES. THE SAID MARRIAGE WAS CONSUMMATED THEREAFTER
    AND THE PARTIES CO-HABITED AS HUSBAND AND WIFE AT THE
    MATRIMONIAL HOME, I.E ,HOWRAH AC. THE PARTICULARS SHOWING
    THE DETAILS OF THE PARTIES TO THE PRESENT PETITION GIVEN
    HEREUNDER :

    BEFORE THE MARRIAGE

    HUSBAND WIFE

    STATUS – STATUS-
    AGE- AGE-
    PLACE OF RESIDENCE- PLACE OF RESIDENCE-
    AT THE TIME OF FILING THE PETITION

    HUSBAND WIFE

    STATUS- STATUS-
    AGE- AGE-
    PLACE OF RESIDENCE- PLACE OF RESIDENCE-

    2. THAT THERE IS NO ISSUSE OUT OF THE WEDLOCK OF THE PARTIES.

    3. THAT THE PARTIES COULD NOT ADJUST WITH EACH OTHER DUE TO
    TEMPERAMENT DIFFERENCES AND THEIR MARRIAGE HAS BROKEN
    DOWN IRRETRIEVABLY AND IT IS NOW NOT POSSIBLE BETWEEN THE
    PARTIES TO LIVE AS HUSBAND AND WIFE ANYMORE.

    4. THAT ALL THE EFFORTS OF RECONCILATION BETWEEN THE PARTIES TO


    CONTINUE THE PRESENT MARRIAGE HAS FAILED AND THERE ARE NO
    FURTHER CHANCES OF RECONCILATION BETWEEN THE PARTIES
    ANYMORE.

    5. THAT THE PARTIES ARE RESIDING SEPERATELY SINCE 22ND AUGUST WITH
    THE CHILD BEING WITH THE MOTHER AND THERE IS NO COHABITION
    BETWEEN THE PARTIES SINCE THEN .

    6. THAT THE PARTIES HAVE NOW DECIDED TO DISSOLVE THE MARRIAGE


    LEGALLY THROUGH A DECREE OF DIVORCE ON MUTUAL CONSENT. THE
    PARTIES HAVE SETTLED ALL THEIR CLAIMS, COUNTER CLAIMS ETC.
    AND THE RESPONDENT WIFE HAS RECEIVED HER ENTIRE STRIDHAN,
    PERMANENT ALIMONY, MAINTAINENCE ETC. THE CHILD WILL STAY
    WITH THE MOTHER AND OCCASIONALLY VISIT HIS FATHER, THE
    PARENTS WILL TAKE CARE OF THE CHILD TOGETHER. THERE IS NO DUE
    WITH REGARD TO ANY OTHER CLAIM IN BETWEEN THE PARTIES NOW.

    7. THAT THE PARTIES HAVE DECIDED TO WITHDRAW ALL THE


    COMPLAINTS, COUNTER COMPLAINTS AGAINST EACH OTHER.

    8. THAT THERE ARE NO OTHER DIVORCE PROCEEDINGS PENDING BEFORE


    ANYOTHER COURT.
    9. THAT THE MATRIMONIAL HOME OF THE PARTIES WAS AT HOWRAH AC
    HENCE THIS COURT HAS THE JURISDICTION TO GRANT THE DECREE OF
    DIVORCE AS PRAYED FOR.

    10. THAT THERE ARE NO LEGAL IMPEDIMENT IN GRANT OF THE DECREE OF


    DIVORCE TO THE PARTIES ON THE BASIS OF MUTUAL CONSENT.

    PRAYER

    IT IS MOST RESPECTFULLY PRAYED THAT THE COURT MAY ACCEPT THE


    PRESENT PETITION AND GRANT A DECREE OF DIVORCE BETWEEN THE
    PARTIES THEREBY DISSOLVING THE MARRIAGE BETWEEN THE PARTIES.
    ANYOTHER WHICH THE COURT MAY DEEM FIT AND PROPER IN THE FACTS
    AND CIRCUMSTANCES OF THE PRESENT CASE BE ALSO PASSED IN FAVOUR OF
    THE PETITIONERS.

    PETITIONER NO. 1 PETITIONER NO. 2

    VERIFICATION

    I DIVYA TIWARI WIFE OF SHIVAM TIWARI AGED ABOUT 30 YEARS RESIDING AT


    HOWRAH AC DP HEREBY SOLEMNLY AFFIRM AND SAY AS FOLLOW :
    I AM THE PETITIONER ABOVENAMED AND I KNOW AND I HAVE MADE MYSELF
    ACQUAINTED WITH THE FACTS AND CIRCUMSTANCES OF THIS CASE.
    THE STATEMENT IN PARAGRAPH 1 TO 10 ARE TO MY KNOWLEDGE AND BELIEF.

    I SIGN THIS VERUFICATION ON THIS ___________ DAY OF 2024 AT THE COURT


    HOUSE OF KOLKATA

    BEFORE ME
    NOTARY
    I, SHIVAM TIWARI S/O DIGVIJAY TIWARI AGED ABOUT 30 YEARS RESIDING AT
    GOLABARI DO HEREBY SOLEMNLY AFFIRM AND SAY AS FOLLOWS:

    I AM THE PETITIONER ABOVENAMED AND I KNOW AND I HAVE MADE MYSELF


    AQUAINTED WITH THE FACTS AMD CIRCUMSTANCES OF THIS CASE.

    THE STATEMENT IN PARAGRAGH 1 TO 10 ARE TRUE TO MY KNOWLEDGE AND


    BELIEF .

    I SIGN THIS VERIFICATION ON THIS _______ DAY OF 2024 AT THE COURT HOUSE
    OF KOLKATA.

    SIGNATURE OF HUSBAND SIGNATURE OF ADVOCATE

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