IN THE COURT OF HON'BLE FAMILY COURT, NAGPUR

PETITION-A NO. /2025

PETITIONER: 1) SHRI. AKSHAY S/O ANIL PATIL,

Aged about 30 years, Occupation: Service,
R/o. At Masli, Tah. Katol, Dist. Nagpur
Mob No:-
Adhar Card No:
Qualification: BE

2) MRS. SHREYA W/O AKSHAY PATIL alias

MISS. SHREYA D/O DILIP DHAPKE
(Median Name)
Aged about - 26 yrs., Occupation: Service,
R/o. C/o Dilip Dhapke, Plot No. 9, Raut Layout,
Zingabai Takli, Godhni Road, Nagpur-440030
Mob No:-
Adhar Card No: 2329 2623 9404
Qualification: BE
- VERSUS -

NIL

PETITION UNDER SECTION 13(B) OF HINDU MARRIAGE

ACT, 1955 FOR GRANT OF DECREE OF DIVORCE BY MUTUAL
CONSENT:

The Petitioner Nos. 1 and 2 above-named most respectfully

submit as under:

1) That the Petitioners are adults qualified professionals

domiciled in India.

2) The Petitioner no 1 and 2 was a bachelor before marriage.

3) The marriage was solemnized on 05/01/2024 at Orange Green
Celebration Hall, Old katol Naka Square, Nagpur as per the
provisions of Hindu Marriage Act, 1955. The Petitioners state
that, out of the said wedlock the couple has no issues.

4) That this marriage between the Petitioner No.1 and Petitioner

No.2 was arranged marriage.

5) After their marriage, Petitioner No. 2 went to the house of

Petitioner No. 1 to cohabit as husband and wife. Subsequently,
on 07.01.2024, a reception ceremony was held. On the same
day, Petitioner No. 2 returned to her parental house along with
her parents. Thereafter, on 10.01.2024, Petitioner No. 2 went
to her matrimonial home to cohabit the marriage. On
11.01.2024, both Petitioners travelled to Pune, as Petitioner
No. 1 is employed there. Subsequently, on 15.01.2024,
Petitioner No. 2 returned to Nagpur to her parental house.

6) After their marriage, the Petitioners cohabited for only ten

days. During this brief period, Petitioner No. 1 and Petitioner
No. 2 came to the realization that they were not compatible
with one another. Their preferences, habits, thought
processes, and overall outlooks on life were significantly
divergent, making it extremely difficult for them to sustain
their marital relationship. Despite their best efforts to
reconcile and establish a peaceful and harmonious
matrimonial bond, they were unable to succeed. As a result,
they have concluded that continuing their marital tie is neither
feasible nor conducive to their well-being.

7) Hence after great thought they both decided to separate

peacefully from each other for their mutual interest and so
from 15/01/2024 they started residing separately from each
other and decided to obtain a divorce by mutual consent.
8) Thus, the Petitioner Nos. 1 and 2 after mature thought and
consideration have decided mutually to dissolve their
marriage by mutual consent under section 13B of the Hindu
Marriage Act, 1955.

9) The terms and conditions agreed by and between the

Petitioner No. 1 and Petitioner No.2 are as follows: -

a) That Petitioner No. 1 and Petitioner No. 2 have mutually

agreed that Petitioner No. 1 shall pay a one-time settlement
amount of Rs. 6,00,000/- (Rupees Six Lakhs only) as part of
their mutual consent divorce agreement. In accordance with
this agreement, Petitioner No. 1 has already paid
Rs.3,00,000/- (Rupees Three Lakhs only) to Petitioner No. 2
on 29.03.2024 through Demand Draft No. "479940" drawn
on HDFC Bank. It has also been agreed that the remaining
amount of Rs. 3,00,000/- (Rupees Three Lakhs only) will be
paid by Petitioner No. 1 to Petitioner No. 2 at the time of
evidence .
b) That Petitioner No. 1 agrees to return all the ornaments
given to petitioner no. 2 by the father of her prior to the
passing of the judgment and decree of Mutual Consent
Divorce. The ornaments to be returned by Petitioner No. 1
are as follows:
1. One diamond ring weighing 4.886 grams
2. One 24-carat gold chain weighing 20 grams
3. One 22-carat gold bracelet weighing 37.5 grams
4. One 24-carat gold ring weighing 5 grams
Likewise, Petitioner No. 2 agrees to return all the gold
ornaments given to petitioner no. 1 at the time of the
marriage prior to the passing of the judgment and
 decree of Mutual Consent Divorce. The ornaments to be
returned by Petitioner No. 2 are as follows:
1. One 22-carat gold earring weighing 2.560 grams
2. One gold pendant (mangalsutra) weighing 48.370
grams
3. One gold pendant (short mangalsutra) weighing
14.480 grams
4. One diamond necklace weighing 13.320 grams
5. One diamond ring weighing 2.460 grams
Both parties agree to complete the exchange of these
ornaments before the decree of mutual consent divorce
is passed.
c) That both the parties have decided not to interfere or
disturb the life of the other party after the dissolution of
the marriage and they will at liberty to perform second
marriage and nobody will interfere between them.

d) That Petitioner No. 1 and Petitioner No. 2 have mutually

agreed that, following the granting of this mutual consent
divorce, Petitioner No. 2 shall no longer use the surname
of Petitioner No. 1 in the future under any circumstances.
It is further agreed that, upon this Hon’ble Court allowing
the application for mutual divorce under Section 13(B) of
the Hindu Marriage Act, 1955, both Petitioners shall refrain
from any form of communication with each other. This
includes, but is not limited to, phone calls, WhatsApp
messages, emails, Facebook chats, or any other form of
direct or indirect contact in the future.

e) That both the parties have mutually decided not to disturb

any of family members, friends or other relatives in
respect of their present marriage.
 f) That both the parties shall not claim from each other party
any monetary relief, maintenance, alimony, compensation
etc.

g) That both the parties shall not claim any movable or

immovable property against each other in future.

10) That the Petitioners submit that since 15/01/2024 they are
separated from each other and more than one year of
separation is completed.

11) The Petitioner Nos. 1 and 2 after mature thoughts and

consideration have decided mutually to dissolve their
marriage by mutual consent. Hence the Petition is
maintainable under section 13B of the Hindu Marriage Act,
1955.

12) The Petitioners state that there is no collusion or connivance

between them in filing the present Petition, which is also
without any force, undue influence or coercion of whatsoever
nature.

13) The Petitioners state that they have not filed any other Petition
or application in any other Court for the same relief as prayed
here, and therefore, the Petitioners are entitled to Decree of
Divorce, as there is no impediment in granting the relief
prayed herein.

14) That the Petitioners got married at Nagpur and the Petitioner
no. 2 are staying at Nagpur and hence this Hon’ble Family
Court has jurisdiction to entertain, try and dispose the present
Petition.

15) The cause of action first arose on 15/01/2024 when the

Petitioner Nos. 1 and 2 started living separately and continued
 to be so thereafter and after mature thoughts and
consideration have decided mutually to dissolve their
marriage by mutual consent.

16) That the Petitioner No. 2 being a lady is exempted from

payment of Court Fee. The Petitioner No.1 has paid necessary
Court Fee and Stamp Duty applicable.

Hence this petition

Hence It is Prayed that,

(A) This Hon’ble Court may be pleased to pass a Decree of

Divorce by mutual consent under section 13B of the Hindu
Marriage Act, 1955 thereby dissolving the marriage between
the Petitioner Nos. 1 and 2 solemnized on 05.01.2024.

(B) That the Consent Terms as mentioned above be endorsed

and be made part of the decree/order.

(C) That leave to amend the Petition may kindly be given as and
when necessary.

(D) Any such other reliefs as may be necessary in the interest of

justice may also please be granted.

Nagpur Petitioner No.1

Dated: . /2025 Petitioner No.2

Counsel for Petitioner no.1

 Counsel for Petitioner no.2

SOLEMN AFFIRMATION.

I, Shri. Akshay S/O Anil Patil, Aged about 30 years, Occupation:

Service, R/o. At Masli, Tah. Katol, Dist. Nagpur, the petitioner no.1
do here by make an oath and state on solemn affirmation, that the
contents of above paras are true and correct to the best of my
personal knowledge and belief and believed to be true. Hence
verified and signed on this 4TH day of March, 2025 at Nagpur.

DEPONENT

I KNOW THE DEPONENT

 SOLEMN AFFIRMATION.

I, Mrs. Shreya W/O Akshay Patil Alias Miss. Shreya D/O Dilip
Dhapke (Median Name) Aged about - 26 yrs., Occupation:
Service, R/o. C/o Dilip Dhapke, Plot No. 9, Raut Layout, Zingabai
Takli, Godhni Road, Nagpur-440030, the petitioner no.2 do here by
make an oath and state on solemn affirmation, that the contents of
above paras are true and correct to the best of my personal
knowledge and belief and believed to be true. Hence verified and
signed on this 4TH day of March, 2025 at Nagpur.

DEPONENT
I KNOW THE DEPONENT

BEFORE THE COURT OF HON'BLE FAMILY COURT, NAGPUR

PETITION-A NO. /2025

SHRI AKSHAY S/O ANIL PATIL AND ONE

-: VERSUS :-
NIL

APPLICATION FOR WAVING 6 MONTHS COOLING PERIOD IN

PETITION UNDER SECTION 13(B) OF HINDU MARRIAGE
ACT, 1955 FOR GRANT OF DECREE OF DIVORCE BY MUTUAL
CONSENT.
 That the petitioners most humbly and submits as under,

1. That the petitioner no.1 has filed the petition for the divorce
under section 13 (1) for the divorce against the petitioner no.2.
That the said petition has been converted into petition under
section 13(b) of Hindu marriage act, 1955 for grant of decree of
divorce by mutual consent
2. That the both the petitioners are living separate from 15.01.2024
and now both the petitioners decided to, part ways and to live
separately from each other & to end their marriage by a divorce.
3. That as per the various judgments of the Hon’ble Apex court and
Hon’ble High Court period of 6 months can be wave.
4. Therefore 6 months cooling period in petition under section 13(B)
of Hindu Marriage Act, 1955 for grant of decree of divorce may
be wave.
Hence this application.

Prayer: It is most humbly prayed that ,kindly wave 6 months

cooling period in petition under section 13(B) of Hindu Marriage Act,
1955 for grant of decree of divorce in the interest of justice.

Nagpur

Date: /2025 Counsel for Petitioner

 IN THE COURT OF HON'BLE FAMILY COURT, NAGPUR

PETITION-A NO. /2025

PETITIONERS: SHRI. AKSHAY S/O ANIL PATIL, and one

-VERSUS -
NIL
Deponent: MRS. SHREYA W/O AKSHAY PATIL alias MISS.
SHREYA D/O DILIP DHAPKE (Median Name)
Aged about - 26 yrs., Occupation: Service,
R/o. C/o Dilip Dhapke, Plot No. 9, Raut Layout,
Zingabai Takli, Godhni Road, Nagpur-440030
Mob No:-

AFFIDAVIT IN LIEU OF EVIDENCE

 I the above named deponent most respectfully state on
solemn affirmation as under:

1. I say and submits that I and petitioner no.1 are adult qualified
persons domiciled in India.

2. I say and submit that I and Petitioner no.1 was a bachelor before
marriage.

3. I say and submit The marriage was solemnized on 05/01/2024 at

Orange Green Celebration Hall, Old katol Naka Square, Nagpur as
per the provisions of Hindu Marriage Act, 1955. I and Petitioner no. 1
state that, out of the said wedlock the couple has no issues.

4. I say and submit that this marriage between us was arranged

marriage.

5. I say and submits that After our marriage, I came at my house to

cohabit as husband and wife. Subsequently, on 07.01.2024, a
reception ceremony was held. On the same day, I returned to my
parental house along with my parents. Thereafter, on 10.01.2024, I
went to my matrimonial home to cohabit the marriage. On
11.01.2024, we travelled to Pune, as petitioner no. 1 employed
there. Subsequently, on 15.01.2024, I returned to Nagpur to my
parental house.
6. I say and submit that After our marriage, I and Petitioner no. 1
cohabited for only ten days. During this brief period, I and Petitioner
No. 1 came to the realization that we were not compatible with one
another. Their preferences, habits, thought processes, and overall
outlooks on life were significantly divergent, making it extremely
difficult for us to sustain their marital relationship. Despite their best
efforts to reconcile and establish a peaceful and harmonious
matrimonial bond, we were unable to succeed. As a result, we have
concluded that continuing our marital tie is neither feasible nor
conducive to our well-being.

7. I say and submit that after great thought we both decided to

separate peacefully from each other for our mutual interest and so
from 15/01/2024 we started residing separately from each other and
decided to obtain a divorce by mutual consent.

8. I say and submit that, I and petitioner No. 1 after mature thought
and consideration have decided mutually to dissolve our marriage
by mutual consent under section 13B of the Hindu Marriage Act,
1955.

9. I say and submit that the terms and conditions agreed by and
between me and Petitioner No.1 is as follows: -

a) I say that I and Petitioner No. 1 have mutually agreed

that Petitioner No. 1 shall pay a one-time settlement
amount of Rs. 6,00,000/- (Rupees Six Lakhs only) as part
of their mutual consent divorce agreement. In
accordance with this agreement, Petitioner No. 1 has
already paid Rs.3,00,000/- (Rupees Three Lakhs only) to
me on 29.03.2024 through Demand Draft No. "479940"
drawn on HDFC Bank. It has also been agreed that the
remaining amount of Rs. 3,00,000/- (Rupees Three
Lakhs only) will be paid by Petitioner No. 1 to me at the
time of evidence.
b) I respectfully state and submit that Petitioner No. 1 has
agreed to return all the ornaments that were given to
Petitioner No. 1 by my father. These ornaments shall be
returned prior to the passing of the judgment and
decree of Mutual Consent Divorce. The details of the
ornaments to be returned by Petitioner No. 1 are as
follows:
 1. One diamond ring weighing 4.886 grams
2. One 24-carat gold chain weighing 20 grams
3. One 22-carat gold bracelet weighing 37.5 grams
4. One 24-carat gold ring weighing 5 grams
Likewise, I agree to return all the gold ornaments given
to me by petitioner no. 1 at the time of the marriage
prior to the passing of the judgment and decree of
Mutual Consent Divorce. The ornaments to be returned
by me are as follows:
1.One 22-carat gold earring weighing 2.560 grams
2. One gold pendant (mangalsutra) weighing 48.370
grams
3. One gold pendant (short mangalsutra) weighing
14.480 grams
4. One diamond necklace weighing 13.320 grams
5. One diamond ring weighing 2.460 grams
Both parties agree to complete the exchange of these
ornaments before the decree of mutual consent
divorce is passed.
c) I say that we both the parties have decided not to
interfere or disturb the life of the other party after the
dissolution of the marriage and we will at liberty to
perform second marriage and nobody will interfere
between them.
d) I say and submit that I and Petitioner No. 1 have
mutually agreed that, following the granting of this
mutual consent divorce, I shall no longer use the
surname of petitioner no. 1 in the future under any
circumstances. It is further agreed that, upon this
Hon’ble Court allowing the application for mutual
divorce under Section 13(B) of the Hindu Marriage Act,
 1955, we shall refrain from any form of communication
with each other. This includes, but is not limited to,
phone calls, WhatsApp messages, emails, Facebook
chats, or any other form of direct or indirect contact in
the future.
e) I say that we both the parties have mutually decided not
to disturb any of family members, friends or other
relatives in respect of our present marriage.
f) I say that we both the parties shall not claim from each
other any monetary relief, maintenance, alimony,
compensation etc.
g) I say that we both the parties shall not claim any
movable or immovable property against each other in
future.
10. I say that since 15/01/2024 we are separated from each other
and more than one year of separation is completed.

11. I say that I and petitioner No. 1 after mature thoughts and
consideration have decided mutually to dissolve our marriage by
mutual consent. Hence the Petition is maintainable under section
13(B) of the Hindu Marriage Act, 1955.

12. I say that there is no collusion or connivance between us in filing

the present Petition, which is also without any force, undue
influence or coercion of whatsoever nature.

13. I say that, we both the parties agreed that we shall not file any
case or any complaint against each other or our respective family
members since we both the parties are having no allegations
against each other and are not imputing any illegal acts against
each other.

14. I say and submit that we have not filed any other Petition or
application in any other Court for the same relief as prayed here,
and therefore, the we are entitled to Decree of Divorce, as there is
no impediment in granting the relief prayed herein.

15. I say and submit that we got married at Nagpur and the I am
staying at Nagpur and hence this Hon’ble Family Court has
jurisdiction to entertain, try and dispose the present Petition.

16. I say and submit that the cause of action first arose on
15/01/2024 when I and petitioner No 1 started living separately and
continued to be so thereafter and after mature thoughts and
consideration have decided mutually to dissolve our marriage by
mutual consent.

17. I say that I being a lady is exempted from payment of Court Fee.
I further say that petitioner no. 1 have paid necessary Court Fee of
Rs.100/- and Stamp Duty applicable.

18. I prayed to this Hon’ble court kindly be pleased to pass a Decree

of Divorce by mutual consent under section 13(B) of the Hindu
Marriage Act, 1955 thereby dissolving the marriage between I and
petitioner no. 1 solemnized on 05.01.2024. I further prayed that the
Consent Terms as mentioned above be endorsed and be made part
of the decree/order and any such other reliefs as may be necessary
in the interest of justice may also please be granted.

Hence this affidavit.

Nagpur

Date: - /2025

Deponent
VERIFICATION
Verified that the instant affidavit has drafted by my counsel
as per my instructions and same has been explained to me in
marathi language. I further say that the contents of paragraphs no 1
to 18 of the above affidavit are true and correct according to my
personal knowledge and belief.
Hence verified and signed at Nagpur on this 4 th day of March,
2025.

Deponent
I Know and identify the deponent

IN THE COURT OF HON'BLE FAMILY COURT, NAGPUR

PETITION-A NO. /2025

PETITIONERS: SHRI. AKSHAY S/O ANIL PATIL, and one

-VERSUS -
 NIL
Deponent: - SHRI. AKSHAY S/O ANIL PATIL,
Aged about 30 years, Occupation: Service,
R/o. At Masli, Tah. Katol, Dist. Nagpur
Mob No:-

AFFIDAVIT IN LIEU OF EVIDENCE

I the above named deponent most respectfully state on

solemn affirmation as under:

1. I say and submits that I and petitioner no.2 are adult qualified
persons domiciled in India.

2. I say and submit that I and Petitioner no.2 was a bachelor before
marriage.

3. I say and submit The marriage was solemnized on 05/01/2024 at

Orange Green Celebration Hall, Old katol Naka Square, Nagpur as
per the provisions of Hindu Marriage Act, 1955. I and Petitioner no. 2
state that, out of the said wedlock the couple has no issues.

4. I say and submit that this marriage between us was arranged

marriage.

5. I say and submits that After our marriage, Petitioner No. 2 came
at my house to cohabit as husband and wife. Subsequently, on
07.01.2024, a reception ceremony was held. On the same day,
Petitioner No. 2 returned to her parental house along with her
parents. Thereafter, on 10.01.2024, Petitioner No. 2 went to her
matrimonial home to cohabit the marriage. On 11.01.2024, we
travelled to Pune, as I am employed there. Subsequently, on
15.01.2024, Petitioner No. 2 returned to Nagpur to her parental
house.
6. I say and submit that After our marriage, I and Petitioner no. 2
cohabited for only ten days. During this brief period, I and Petitioner
No. 2 came to the realization that we were not compatible with one
another. Their preferences, habits, thought processes, and overall
outlooks on life were significantly divergent, making it extremely
difficult for us to sustain their marital relationship. Despite their best
efforts to reconcile and establish a peaceful and harmonious
matrimonial bond, we were unable to succeed. As a result, we have
concluded that continuing our marital tie is neither feasible nor
conducive to our well-being.

7. I say and submit that after great thought we both decided to

separate peacefully from each other for our mutual interest and so
from 15/01/2024 we started residing separately from each other and
decided to obtain a divorce by mutual consent.

8. I say and submit that, I and petitioner No. 2 after mature thought
and consideration have decided mutually to dissolve our marriage
by mutual consent under section 13B of the Hindu Marriage Act,
1955.

9. I say and submit that the terms and conditions agreed by and
between me and Petitioner No.2 is as follows: -

a) I say that I and Petitioner No. 2 have mutually agreed

that Petitioner No. 1 shall pay a one-time settlement
amount of Rs. 6,00,000/- (Rupees Six Lakhs only) as part
of their mutual consent divorce agreement. In
accordance with this agreement, I have already paid
Rs.3,00,000/- (Rupees Three Lakhs only) to petitioner
no. 2 on 29.03.2024 through Demand Draft No.
"479940" drawn on HDFC Bank. It has also been agreed
that the remaining amount of Rs. 3,00,000/- (Rupees
 Three Lakhs only) will be paid by me to petitioner no. 2
at the time of evidence.

b) I say and submit that I agrees to return all the

ornaments given to petitioner no. 2 by the father of her
prior to the passing of the judgment and decree of
Mutual Consent Divorce. The ornaments to be returned
by me are as follows:

1. One diamond ring weighing 4.886 grams

2. One 24-carat gold chain weighing 20 grams
3. One 22-carat gold bracelet weighing 37.5 grams
4. One 24-carat gold ring weighing 5 grams
Likewise, Petitioner No. 2 agrees to return all the gold
ornaments that were given by me to petitioner no - 2
at the time of the marriage. These ornaments shall be
returned prior to the passing of the judgment and
decree of Mutual Consent Divorce. The details of the
ornaments to be returned by Petitioner No. 2 are as
follows:
1.One 22-carat gold earring weighing 2.560 grams
2. One gold pendant (mangalsutra) weighing 48.370
grams
3. One gold pendant (short mangalsutra) weighing
14.480 grams
4. One diamond necklace weighing 13.320 grams
5. One diamond ring weighing 2.460 grams
Both parties agree to complete the exchange of these
ornaments before the decree of mutual consent
divorce is passed.
 c) I say that we both the parties have decided not to
interfere or disturb the life of the other party after
the dissolution of the marriage and we will at liberty
to perform second marriage and nobody will interfere
between them.
d) I say and submit that I and Petitioner No. 2 have
mutually agreed that, following the granting of this
mutual consent divorce, petitioner no. 2 shall no
longer use the surname of me in the future under any
circumstances. It is further agreed that, upon this
Hon’ble Court allowing the application for mutual
divorce under Section 13(B) of the Hindu Marriage
Act, 1955, we shall refrain from any form of
communication with each other. This includes, but is
not limited to, phone calls, WhatsApp messages,
emails, Facebook chats, or any other form of direct or
indirect contact in the future.
e) I say that we both the parties have mutually decided
not to disturb any of family members, friends or other
relatives in respect of our present marriage.
f) I say that we both the parties shall not claim from
each other any monetary relief, maintenance,
alimony, compensation etc.
g) I say that we both the parties shall not claim any
movable or immovable property against each other
in future.
10. I say that since 15/01/2024 we are separated from each other
and more than one year of separation is completed.

11. I say that I and petitioner No. 2 after mature thoughts and
consideration have decided mutually to dissolve our marriage by
mutual consent. Hence the Petition is maintainable under section
13(B) of the Hindu Marriage Act, 1955.

12. I say that there is no collusion or connivance between us in filing

the present Petition, which is also without any force, undue
influence or coercion of whatsoever nature.

13. I say that, we both the parties agreed that we shall not file any
case or any complaint against each other or our respective family
members since we both the parties are having no allegations
against each other and are not imputing any illegal acts against
each other.

14. I say and submit that we have not filed any other Petition or
application in any other Court for the same relief as prayed here,
and therefore, the we are entitled to Decree of Divorce, as there is
no impediment in granting the relief prayed herein.

15. I say and submit that we got married at Nagpur and the
petitioner no. 2 is staying at Nagpur and hence this Hon’ble Family
Court has jurisdiction to entertain, try and dispose the present
Petition.

16. I say and submit that the cause of action first arose on
15/01/2024 when I and petitioner No 2 started living separately and
continued to be so thereafter and after mature thoughts and
consideration have decided mutually to dissolve our marriage by
mutual consent.

17. I say that petitioner no. 2 being a lady is exempted from

payment of Court Fee. I further say that I have paid necessary Court
Fee of Rs.100/- and Stamp Duty applicable.

18. I prayed to this Hon’ble court kindly be pleased to pass a Decree

of Divorce by mutual consent under section 13(B) of the Hindu
Marriage Act, 1955 thereby dissolving the marriage between I and
petitioner no. 2 solemnized on 05.01.2024. I further prayed that the
Consent Terms as mentioned above be endorsed and be made part
of the decree/order and any such other reliefs as may be necessary
in the interest of justice may also please be granted.

Hence this affidavit.

Nagpur

Date: - /2025

Deponent