Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

Evidence Affidavit - Nikul

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 6

IN THE FAMILY COURT OF BANDRA, AT BANDRA

M.P. PETITION NO: OF 2021

Mr. Nikulkumar Dhirajlal Dholu …Petitioner No. 1

And

Mrs. Hetal Nikulkumar Dholu …Petitioner No. 2


Maiden Name: Ms. Hetal Prakash Patel

EVIDENCE AFFIDAVIT ON BEHALF OF PETITIONER NO. 1

I Mr. Nikulkumar Dhirajlal Dholu, 33 years, Petitioner No.1,


Occupation: Service, Residing at: Room no. 4, Amrutben Chawl
no. 1, Dayasagar, L.B.S. Marg, Ghatkopar (West), Mumbai- 400
086, Maharashtra, do hereby solemnly affirm as stated here under:

1. I say that I’m a Hindu domiciled in India.

2. I say that I married Petitioner No. 2 on 02nd January 2016


according to the Hindu rites and ceremonies at “SHRI KUTCHHI
KADVA PATIDAR WADI, L.B.S.MARG”, Ghatkopar (West),
Mumbai – 400 086.

3. I say that prior to the marriage Petitioner no. 2 was a Spinster and
I was a Bachelor.
4. I say that the said marriage is an arranged marriage. The same is
consummated and complete. There is no dispute with respect to
the admission of marriage as per Vedic rites.

5. I say that there is 1 (ONE) ISSUE born in the Said wedlock, a son
namely MASTER. NAKSHIT NIKULKUMAR DHOLU.

6. I say that after the marriage, I and the Petitioner no.2 realized that
our nature, likes and dislikes and viewpoints towards life in
general are different from each other. Our mutual differences
eventually led to divergence and embitterment of relations
between us.

7. I say that I and the Petitioner no.2 ourselves and also our relatives,
well-wishers tried to mitigate divergences and differences of
opinion between us, to help us to come to terms and stay together
to make marriage a success. But none of these efforts could
succeed and at last I and Petitioner no.2 started staying separately
since 21/05/2019.

8. I say that through it is mutually decided that the permanent


custody of our son namely Master Nakshit Nikulkumar
Dholu shall be with her Mother i.e., Petitioner No. 2
without any interference from me or any claim in future.

9. I say that I and Petitioner No.2 are living separately for a period of
more than one year prior to the filling of the present petition. I
say that we are filling this petition to get a decree of dissolution of
marriage under section 13B of Hindu Marriage Act, 1955 on the
following terms and conditions:

I. I say that I shall not claim any maintenance/alimony or any


other amount/s from the Petitioner No. 2.

II. I shall return the gifts, gold, and ornaments to Petitioner 2,


which I received from my friends and relatives on the day of
their marriage.

III. I say that I undertake, agree and assure unto each other that I
shall not initiate any civil or criminal legal proceedings
against Petitioner No. 2 or his relatives, in respect of his
matrimonial or any other rights arising there from.

IV. I say that based on the details cited above, I do not owe
anything, to the Petitioner No. 2, either in terms of money or
in our conjugal life and I voluntarily discharge Petitioner
No.2 regarding all the related matters finally and irrevocably.

V. I hereby declare, agree and undertake that I shall not interfere


in the personal life of Petitioner No. 2 in whatsoever manner.

VI. I declare that there are no debts of any nature subsisting and
incurred by me personally or jointly, and if at all there are any
debts or liability, I shall bear my own liability for the debts
incurred in my name, and keep the Petitioner entirely free and
harmless.

VII. I declare that I shall not have any right, title, interest or claim
of any nature whatsoever, in the movable and immovable
property owned presently, or any part thereof acquired or
inherited in future, wherever situated, owned and/or
possessed by the Petitioner No.2, and shall not claim any
right at any time. I hereby, waive any right I may have at any
time to take any share of the Petitioner No. 2’s property.

VIII. I say that there is no collusion or fraud by, between and/or


against the Petitioner No. 2 herein presenting the petition. I
say that the consent to the present petition has not been
obtained by force or fraud, and has been given by me out of
my free will.

IX. I say that I shall bear half of cost of court fees, legal expenses
and expenses for obtaining the Decree.

10. I say that the cause of action for the present petition firstly arose
when I and Petitioner.2 started staying separately on 21/05/2019
and continues to arise there after till today.

11. I say that I’m residing at Mumbai. Hence this Hon’ble Court has
jurisdiction to entertain and try the present petition.
12. I say that I and the Petitioner No.2 have been staying separately
from each other for a period of more than one year and hence, all
the ingredients of section 13B of Hindu Marriage Act 1955 have
been complied with in the present matter.

13. I say that no other similar petition stands filed by the Petitioners in
this matter before this Hon’ble Court or any other Court.

PRAYER

14. I therefore, most humbly pray-


(a) That the marriage dated 02/01/2016 between I and the
Petitioner No.2, may kindly be dissolved by a decree of
divorce under section 13B of Hindu Marriage Act, 1955 on
the terms and conditions mentioned hereinabove;
(b) For any other just and reasonable orders to meet the ends of
justice and equity.

Solemnly declared at Bandra Mumbai on this 11th day of


APRIL, 2022.

Identified by me,

ADVOCATE FOR DEPONENT DEPONENT


VERIFICATION

I, Mr. Nikulkumar Dhirajlal Dholu, 33 years, Petitioner No.1,


Occupation: Service, Residing at: Room no. 4, Amrutben Chawl no.
1, Dayasagar, L.B.S. Marg, Ghatkopar (West), Mumbai- 400 086, do
hereby state on solemn affirmation that, whatever stated above is
true and correct to the best of my knowledge, information and belief
and hence I have signed hereunder today at Mumbai.

Date: 11/04/2022
Place: BANDRA

Identified by

ADVOCATE FOR PETITIONER NO.1 PETITIONER NO.


1

You might also like