IN BEFORE THE FAMILY COURT AT CHENNAI
H.M.O.P.No. of 2007
1. Dhanraj 1st petitioner
2. Ponmalar 2nd petitioner.
PETITION UNDER SECTION 13B OF THE HINDU MARRIAGE ACT, 1955
The petitioners above-named beg to state as follows:
1.The first petitioner is Dhanraj son of Mr.R.Ramachandran, Hindu, aged about 29 years, residing at No.144, Arcot Road, Vadapalani, Chennai-600026.
2. The second petitioner is Ponmalar daughter of Mr.M.S.Viswanathan, Hindu, , aged about 27 years, residing at No.27 M.M.D.A. Colony, Arumbakkam, Chennai-600104
The addresses for service of all notices and process to the petitioners are as stated above.
3. The first petitioner and the second petitioner are husband and wife respectively having been married at Maha Subhalakshmi Kalyana Mandapam, No.75, Razack Garden Main Road, M.M.D.A Colony, Arumbakkam, Chennai -106 on 30-10-2005 and the said marriage is still subsisting. The marriage was performed in accordance with Hindu Vedic Rites. A copy of the marriage invitation is filed herewith. Subsequently the petitioners registered their marriage at the Sub-Register office at Perambur and the Marriage Certificate No is 234/2005. Out of their wedlock no children were born to them.
4. The petitioners submit that the second petitioner was married to the first petitioner arranged by her parents against her wishes and will. The first petitioner and the second petitioner after the marriage lived and resided at No.144, Arcot Road, Vadapalani, Chennai-600026, whence they separated on 7/12/2005. Soon after the unwilling marriage of the second petitioner owing to differences in temperament, habits, tastes, thoughts, and increasing incompatibility, the relationship between the first petitioner and the second petitioner deteriorated. The second petitioner left the matrimonial home on
7/12/2005 and thereafter she is
residing with her parents. The compromise measures taken by the parents of the
petitioners ended in vain. The marriage between the petitioners is not consummated
and no conjugal rights were performed by both the petitioners from the date of
marriage. Never to return to each other. The petitioners, therefore, separated
owing to irreconcilable differences in habits and temperament on the above
5. The petitioners submit that the first petitioner who is working as an system Anayalst in HCL in Chennai. The above said company has offered the first petitioner to work in M/s.Donald Associates in Canada on deputation. The measures taken by their parents and friends also ended in vain. So the efforts and attempts were made by mutual friends and acquaintances to effect a reconciliation and for a resumption of the martial relationship but it has not been possible owing to the vital differences in temperament and total incompatibility giving rise to invincible repugnance which had rendered normal married life impractible and impossible and fraught with dangerous adverse physical and mental consequences.
6. The petitioner submit that after having a deep discussions and deliberations and found they are not compatiable to each other and cannot continue the marriage any more. The petitioners have been living separately for a period of more than one year. The first petitioner is working as a system anyalst for M/s.HCL. and the second petitioner is a Chartered accountant for some companies. and both are earning well and they do not have any liability to mainatain each other and they have no claim or obligation to be performed by any one to the other petitioner. And both of them is resding separately form the date of separation. And the misunderstanding between them and unwillingness to lead a matrimonial home are difficult for the petitioners to rejoin. The second petitioner has never depend on the financial and moral support from the first petitioner, since from her marriage. The petitioners further submit that there was no issues born to them by the reason of their non cohabitation .The petitioners further submit that there was no chance of living together and they want to release from the martial relations for the better living of them.
7. The petitioners states that the first petitioner and the second petitioner have been separated and living apart for more than one year and there was no cohabitation before and after their separation.
8. In the circumstances the first petitioner and the second petitioner have mutually agreed and decided that there is no point for the continuance of the martial relationship and have further agreed upon the dissolution of the marriage tie by a decree of divorce.
9. The petitioners state and submit that in the circumstances aforesaid it is therefore desirable and necessary that the marriage should be dissolved in the mutual interests of the parties, there being no chance of reconciliation.
11. The petitioners therefore file this petition jointly seeking an order of dissolution of marriage that took place between them on30/10/2005 at Maha Subhalakshmi Kalyana Mandapam, No.75, Razack Garden Main Road, M.M.D.A Colony, Arumbakkam, Chennai -106.
12. The petitioner is not filed in collusion or after unnecessary or improper delay in approaching this court. The petitioners or either of them has not approached any other court seeking any matrimonial reliefs.
13.The petitioners submit that there was no force, fraud, coercion, intimidation or undue influence in filing this petition.
14. The petitioners submit that this petition has been filed after one year from the date of marriage and there is no possibility of reunion.
15.The cause of action for this petition arose on the
when the first and the second petitioner were married and separated on 7/12/2005 at Chennai is
,within the jurisdiction of this Hon'ble
Court when the first petitioner and the second
petitioner finally agreed to separate with the departure of the second
17. Both the first and the second petitioner state that there is no impediment to the dissolution of the marriage and the decision to separate and apply for a divorce has been arrived at after such consideration and after having given the utmost importance to all aspects of the case.
18.The first and the second petitioner therefore pray that this
Court may be pleased to
[a]pass a decree declaring the marriage solemnized between the first and the second petitioner under the Hindu Vedic rites on 30/10/2005 be dissolved and
[b] Pass such other order/orders as this
Hon'ble Court may deem fit a proper under
the circumstances of the case.
Dated at Chennai on day of January, 2007
I,Dhanraj and Ponmalar, the petitioners herein do hereby state that what is stated above in paragraphs 1 to 16 are true to the best of her knowledge, information and belief.
Verified at Chennai on this the th day of January 2007.
DOCUMENTS FILED UNDER ORDER VII RULE 14(1) CPC
1. Election card of first petitioner
2. Marriage invitation
3. Election card of second petitioner
4. Marriage photo.
Dated at Chennai this the th day of January 2007
DOCUMENTS FILED UNDER ORDER VII RULE 14(2) CPC
Nil for the present
Dated at Chennai this the th day of January 2007
STATEMENT OF ADDRESS OF THE PARTIES FOR SERVICES OF NOTICE UNDER ORDER VI RULE 14A CPC
Name & Address of Petitioner: Dhanraj
No.144, Arcot Road,
No.27 M.M.D.A. Colony,
I, Dhanraj and Ponmalar, the petitioners herein do hereby state that what is stated above in Address is true to the best of her knowledge, information and belief.
Verified at Chennai this the th day of January 2007.
Drafted by Daniel & Daniel
Attorneys & Solicitors