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IN THE FAMILY COURT AT BANDRA, MUMBAI

PETITION NO. F- ....... of 2024

PETITION FOR DIVORCE BY

MUTUAL CONSENT U/S. 13-B OF
THE HINDU MARRIAGE ACT, 1955:-

Mr. Vicky Mukundbhai Chalke )

Religion: Hindu )
Indian Inhabitant, )
Age: 32 years )
Occupation: Service )
R/at- 75, Narayan Nagar, )
Opp. Shriram Marble, Bhatar-Althan Road, )
Surat, Guajrat – 395 017 )
Mobile No: __________ )
Email: __________________ ) ..PETITIONER NO. 1

AND

Mrs. Nikita Vicky Chalke )

Religion: Hindu )
Indian Inhabitant, )
Age: 30 years )
Occupation: Service )
Residing at: 407-2, Bama CHS., )
Thane Belapur Road, Surya Nagar, Vitawa, )
Kalwa, Thane- 400 605 )
Mobile No: __________ )
Email: _______________________ ) ..PETITIONER NO. 2

MAY IT PLEASE YOUR HONOUR

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1) The Petitioners are Hindus by religion and continue to profess the said

religion even at the time of filing of this Petition. The Petitioners are governed

under the provisions of the Hindu Marriage Act, 1955. The Petitioner No. 1

and Petitioner No. 2 are citizens of India and are domiciled in the State of

Maharashtra.

2) The marriage between the Petitioners was solemnized on 17-10-2020 as per

Hindu Vedic rites and rituals at Kapadia Wadi, Near Shriram Marble, Althan

Road, Surat, Guajrat – 395 017. An Original Wedding Invitation Card and

Joint Marriage Photograph are annexed herewith and marked as Exhibit – A

and B respectively. The said marriage is not registered.

3) The Petitioner No. 1 was a Bachelor and the Petitioner No. 2 was a Spinster

at the time of marriage. The maiden name of the Petitioner No. 2 was Miss.

Nikita Nandkishor Pawar daughter of Mr. Nandkishor Vishnu Pawar.

4) There is no issue out the said wedlock.

5) The Petitioners do not belong to Schedule Caste and Schedule Tribes.

6) After marriage, the Petitioners co-habited together as husband and wife at the

residence of Petitioner No. 1 situated at 407-2, Bama CHS., Thane Belapur

Road, Surya Nagar, Vitawa, Kalwa, Thane- 400 605 and more particularly

mentioned in the cause title herein above.

7) The Petitioners state that post marriage, there were irreconcilable differences

between them with respect to their nature and temperament, which escalated
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with time. Thus, they cohabited together as husband and wife only till 08-

05-2022. The Petitioner No. 2 then left the matrimonial home and started

residing along with her parents at the address mentioned in the cause title of

this Petition.

8) The Petitioners state that they have been living separately since more than a

year, as the relationship between them has strained and their nature,

temperament and disposition are incompatible. They are not in a position to

live together. The Petitioners state that several attempts were made by the

families of the Petitioners, common friends, relatives and well-wishers to bring

about reconciliation but it has proved futile.

9) The Petitioners after a lot of deliberation have decided that it is not fruitful to

continue their marital tie as it is practically not possible for them to live

together in future as husband and wife and to lead a happy married life. The

Petitioners thus state that their marriage has broken down irretrievably with no

possibility for reconciliation. The Petitioners have therefore mutually decided

to dissolve the said marriage U/s 13-B of the Hindu Marriage Act, 1955.

10) The Petitioners state that they are unable to live together and there is no

probability or possibility of their living together as husband and wife in future.

The Petitioners have been living separately since 08-05-2022 and are thus

living separately for a period of more than ONE YEAR immediately preceding

the presentation of the present Petition.

11) The Petitioners without making any allegations against each other have thus

come to a conclusion, decided and conceded to take divorce by mutual

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consent and get their marriage dissolved amicably as they do not desire or

intend nor there remains any possibility of cohabiting as husband and wife

between the Petitioners henceforth. The Petitioners have therefore mutually

decided to dissolve their marriage on the terms and conditions more

specifically mentioned in the Consent Terms herein below.

12) In the above-mentioned circumstances, the Petitioners are filing this Petition

for Divorce by Mutual Consent under Section 13-B of the Hindu Marriage Act,

1955 before this Honorable Court. They have thus, decided to take Divorce by

Mutual Consent and get their marriage dissolved amicably as per the Consent

Terms herein below

13) The details of immoveable property in joint names of both the Petitioners

Not Applicable (NA)

14)It is, therefore, agreed between the Petitioners No. 1 and No. 2 interse as

follows:-

a) The Petitioners will be at liberty to marry after the marriage gets dissolved

which was solemnized on 17-10-2020

b) It is further agreed that the Petitioner No. 2, shall not claim amount on

account of permanent alimony and maintenance at any time in future nor

shall she ever claim any right, title and interest over any movable and / or

immovable properties possessed by the Petitioner No. 1 at any time in

future.

c) The Petitioners shall not file any proceedings under Section 125 of the

Criminal Procedure Code against each other nor Petitioner No. 2 shall file

any proceedings under Protection of Women from Domestic Violence Act,

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2005 nor under any provisions of Indian Penal Code and more particularly

U/s. 498-A of the said Act at any time in future against Petitioner No. 1

after the dissolution of marriage which was solemnized on 17-10-2020 nor

she shall at any time claim maintenance and / or permanent alimony for

herself from Petitioner No. 1 after dissolution of marriage;

d) The Petitioner No. 1 and 2 shall not file any proceedings under provisions

of Special Marriage Act and Criminal proceedings under Indian Penal

Code, Code of Criminal Procedure or any proceedings under Civil Laws in

future against each other after the dissolution of marriage which was

solemnized on 17-10-2020.

e) The Petitioner No. 2 will be at liberty to use her maiden name after the

dissolution of marriage;

f) The Petitioners submits that there are no exchange the articles presented

or gifted to them along with the Jewelry at the time of their marriage;

g) The Petitioners further hereto declare that there are no debts of any nature

subsisting and incurred by them jointly and if at all there are any debts or

liability, the concerned Petitioners shall bear his / her own liability for the

debts incurred in his / her own name and keep the other Petitioner

indemnified.

h) It is further agreed between Petitioners that they shall not interfere in the

personal and professional lives of the other and their family members nor

create any hindrance to each other and/or disturb each other’s life in any

way and shall not, under any circumstance, cause damage to each other.
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i) The Petitioners agree and undertake to co-operate with each other in

executing all the necessary documents, forms and applications, if any, to

put an end to their marriage amicably and peacefully.

j) The Petitioners shall cooperate with each other in carrying out the consent

terms.

15)The consent to the present Petition for the divorce has not been obtained by

coercion, force, fraud, undue influence or misrepresentation practiced by one

party upon the other and same has been given by both the Petitioners

voluntarily;

16)The Petitioners submit that no proceedings are pending before this Honorable

Court between them under Section 125 of the Criminal Procedure Code or

any other proceedings before this Honorable Court or before any other court

between them in respect of their marriage;

17)That there is no collusion or connivance between the Petitioners in filing this

Petition;

18)The Petitioners state that they have not presented any other Petition either in

this Honorable Court or in any other court in India in respect of the said

marriage between them.

19)That Petitioner No. 2 wife left the matrimonial home and started residing at

her parents’ house at 407-2, Bama CHS., Thane Belapur Road, Surya Nagar,

Vitawa, Kalwa, Thane- 400 605 since 08-05-2022. The Petitioner last resided

at the house of the Petitioner No. 1 at 407-2, Bama CHS., Thane Belapur

Road, Surya Nagar, Vitawa, Kalwa, Thane- 400 605 which is within the
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jurisdiction of this Honorable Court. Therefore, U/s. 19 (iii) & 19 (iiia), this

Honorable Court has jurisdiction to entertain, try and dispose of this petition.

20)That the Court fee of Rs. 200 /- is affixed.

21)The Petitioners will rely upon the documents, a list whereof is annexed

herewith.

22)The Petitioners therefore pray as under;

a) That this Honorable Court be pleased to dissolve the marriage between

the Petitioners solemnized on 17-10-2020 by the Decree of Divorce by

mutual consent under Section 13-B of The Hindu Marriage Act, 1955

and the Decree be passed in lieu of the Consent Terms;

b) Such other and further reliefs as this Honorable Court may deem fit

and proper in the nature and circumstances of the case be passed in

favour of the Petitioners;

Mumbai
Date: This ___th day of April, 2025

Petitioner No.1 Petitioner No.2

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VERIFICATION

I, Mrs. Nikita Vicky Chalke, Age 30 years, residing at 407-2, Bama CHS,

Thane Belapur Road, Surya Nagar, Vitwa, Kalwa, Thane – 400 605, the Petitioner

No. 1, do hereby solemnly declare that what is stated in the foregoing paragraphs of

the petition is true to my own knowledge, belief and information and I believe the

same to be true.

Solemnly declared at Mumbai )

On this ___th day of April, 2025 )

Petitioner No. 1
before me
Identified by me,

Advocate for the Petitioner No. 1

VERIFICATION

I, Mr. Vicky Mukundbhai Chalke, Age 32 years, residing at 75, Narayan

Nagar, Opp. Shriram Marble, Bhatar-Althan Road, Surat, Gujrat- 395017, the

Petitioner No. 2, do hereby solemnly declare that what is stated in the foregoing

paragraphs of the petition is true to my own knowledge, belief and information and I

believe the same to be true.

Solemnly declared at Mumbai )

On this ___th day of April, 2025 )

Petitioner No. 2
before me
Identified by me,

Advocate for the Petitioner No. 2