Adv. V C PATEL BEFORE HON FAMILY 13 B 26-08-21.docx

BEFORE HON’BLE PRINCIPAL JUDGE OF THE FAMILY COURT, AHMEDABAD Family Suit No. / 2021 PETITIONER NO. 1 :- ROMIL VASTUPAL GANDHI Aged 30 Years, MALE, Occupation: Service, By Religion: HINDU, Resident of : 501, A WING, SWATI FLORENCE, SOUTH BOPAL, AHMEDABAD-380058. GUJARAT, INDIA Presently Residing at : 1007, 07-03, TERESA VILLE, LOWER DELTA ROAD, SINGAPORE. E-Mail ID : MO. NO. POWER OF ATTERNEY HOLDER OF PETITIONER NO. 1 :- VASTUPAL MANSUKHLAL GANDHI Aged 61Years, MALE, Occupation: SERVICE, By Religion : Hindu Residing at : CLUB ROAD, DHANGADHRA, DIST. SURENDRANAGAR, GUJARAT, INDIA MO. NO. PETITIONER NO. 2 :- VAIBHAVI ROMIL GANDHI D/O. KIRTIBHAI PRABHUDASJI SANGHVI Aged 28Years, FEMALE, Occupation: HOUSEWIFE, By Religion : Hindu Residing at : 203, JIVAN APPARTMENT, RACE COURSE ROAD, INDORE, MADHYA PRADESH, INDIA. E-Mail ID : M. NO. Subject: - Petition under Section 13-B of the Hindu Marriage Act, 1955 with a prayer to dissolve the marriage between the parties to petition by way of Mutual

Consent.

The Petitioners above named beg to submit as follows:- (1) The Petitioner No. 1 got married to Petitioner No. 2 on 06/12/2019 according to Hindu rites, customs and ceremonies, at Ahmedabad, Gujarat. in presence of Friends and witness, The Petitioner No. 1 and Petitioner No. 2 reside together after marriage. (2) The petitioners state that during the stay together at the address of the petitioner No. 1, the difference of opinion crept in from the day by day. The petitioner No.2 joined her husband, the petitioner No.1, the conflict of their culture started creating a rift between the two, which by the passage of time so widened that both of the petitioners have realized that both are not matching culturally to each other. The difference of opinion of the petitioners have gone so high that despite the efforts made by the Petitioners, in spite of numerous efforts made by them, family members and common friends to settle the indifferences and reconcile the matrimonial, the petitioners cannot bridge the difference of opinion and ultimately the petitioners have decided to get separated, and therefore, both are residing separately from 21/02/2020.

(3) The petitioners do not have any child of their wedlock and also confirm that the petitioner no.2 is not pregnant through petitioner no.1. (4) As a result of this, the matrimonial ties between the Petitioners have irretrievably broken down. Accordingly, the Petitioners have realised and decided that the only solution is to bring their marriage to an end and part ways forever, but amicably. (5) The Petitioners state that incompatibility with each other or the lack of efforts to resolve the difference has made it difficult for each other to co-exist as husband and wife and they have been staying separately since 21/02/2020. (6) The Petitioners state that due to the irreconcilable difference their marriage has broken down irretrievably. The Petitioners can no longer continue their marriage and have therefore agreed and decided to have their marriage dissolved by way of mutual consent under Section 13-B of the Hindu Marriage Act, 1995. (7) That the Petitioner No. 2 shall not claim any alimony or maintenance from the petitioner No. 1 in any form and further waives all her rights in respect of the alimony and maintenance from the Petitioner No.1. If at all claim shall be considered null and void in future. Because for alimony of Rs. 7,00,000/- & Rs 50,000/- legal charges paid to Petitioner No. 2 from Petitioner No. 1.

(8) The Petitioners state that they have exchange all the article belongings and ornaments expect the list annexed with the present petition. The petitioner further states that apart from the articles, belongings, ornaments, both the petitioners had settled all their disputes in regards to the articles, belongings and ornaments. That Petitioners assures, agrees, and undertake unto each other to exchanges all articles, belongings and ornament mentioned in list annexed herewith during the pendency of the petition. That they undertakes not to make any claims regarding the same in future against each other and there are no other exchange pending between them except mentioned in the list. (9) The Petitioners state that neither of them shall seek any division in property and they undertake to not seek any right, title and interest over each other’s property be it inherited, self acquired or ancestral at present or in future. (10) The Petitioners assures, agrees and undertakes not pass any comment, or attempt to maligns the image of the each other and their family members in community. It is further agreed that both the petitioner shall not interfere in the personal life during the pendency and after the order and decree and pass by this Hon’ble Court. (11) The Petitioners state that they are not taking advantage of their own wrongs.

(12) The Petitioners state that there is no collusion between the parties as the petition is for divorce by mutual consent. (13) The Petitioners state that there are no pending proceedings between them with regard to the subject matter of the present petition. (14) The Petitioners state that there is no force or coercion acting upon the parties in filing the present petition. (15) The Petitioners have given their memorandum of address in this petition. (16) This petition is presented without any force, fraud or undue influence and the consent of the Petitioners in presenting this petition is otherwise a free consent. (17) The Petitioners are living separately of their free will and both the Petitioners are possessed of means sufficient to maintain themselves. Hence the Petitioners hereby absolve each other from their liability to maintain the other. Petitioners are not entitled to claim permanent alimony vis a vis each other in future. Petitioners will have no right to claim for any other rights whatsoever vis a vis each other in future. (18) The Petitioners also submits that there is no impediment to the grant of relief/reliefs prayed for in this petition under the provision of the Hindu Marriage Act, 1955 or any other law for the time being in force.

(19) The Petitioners will rely on the documents, a list wherefrom is annexed hereto. (20) CAUSE OF ACTION: The Petitioners states that inspite of numerous efforts made by their family members and common friends to settle the indifferences and reconcile the matrimonial bond with Petitioners, all the efforts were futile and in vain. As a result of this, the matrimonial ties between the Petitioners have irretrievably broken down. Accordingly, the Petitioners have realised and decided that the only solution is to bring their marriage to an end and part ways forever, but amicably. Applicants marriage date on 06/12/2019 and petitioners living separately from 21/02/2020. (21) This petition is not filed in the collusion of the parties. (22) Jurisdiction :- Both the Petitioner are residing at address mentioned in the cause title of this petition. The Marriage solemnized. They have filed this application with mutual consent and this Court has jurisdiction to try this suit. (23) The Petitioners therefore pray as under:- (A) That the marriage between Petitioner No:- 1 and Petitioner No:- 2 solemnized on 06/12/2020 at Ahmedabad, Gujarat, INDIA may pleased be dissolved by a decree of divorce.

(B) Any other relief or reliefs which this Hon’ble Court may deem fit in the circumstances of this case may be granted. (24) A fixed court fee stamp of Rs. 55 (Fifty Five only) is affixed on this petition. (25) Affidavit in support of this petition is filed. (26) The address of these Petitioners as stated above in the cause title of the petition is true and correct as per the provision of Order- VI Rule:- 14 (A) of The Code of Civil Procedure 1908. Ahmedabad Date : _ Petitioner No. 1 _ Petitioner No. 2 VERIFICATION We both Petitioner no. 1 and Petitioner no. 2 hereby declare that above facts are true and correct as per knowledge and belief. Ahmedabad Date : _ Deponent No. 1 _ Deponent No. 2

BEFORE HON’BLE PRINCIPAL JUDGE OF THE FAMILY COURT, AHMEDABAD Family Suit No. / 2021 PETITIONER NO. 1 :- ROMIL VASTUPAL GANDHI POWER OF ATTERNEY HOLDER OF PETITIONER NO. 1 :- VASTUPAL MANSUKHLAL GANDHI PETITIONER NO. 2 :- VAIBHAVI ROMIL GANDHI D/O. KIRTIBHAI PRABHUDASJI SANGHVI Subject:- PERMISSION TO APPOINT OF ADVOCATE. I above named defendant in the said suit hereby to pray the honorable court to defend myself through my personal advocate and ask for permission to appoint the advocate to represent myself in the said matter. So please grant me the permission in the interest of justice. Ahmedabad Date : _ Petitioner No. 1 _ Petitioner No. 2

BEFORE HON’BLE PRINCIPAL JUDGE OF THE FAMILY COURT, AHMEDABAD Family Suit No. / 2021 PETITIONER NO. 1 :- ROMIL VASTUPAL GANDHI Aged 30 Years, MALE, Occupation: Service, By Religion: HINDU, Resident of : 501, A WING, SWATI FLORENCE, SOUTH BOPAL, AHMEDABAD-380058. GUJARAT, INDIA Presently Residing at : 1007, 07-03, TERESA VILLE, LOWER DELTA ROAD, SINGAPORE. POWER OF ATTERNEY HOLDER OF PETITIONER NO. 1 :- VASTUPAL MANSUKHLAL GANDHI Aged 51Years, MALE, Occupation: SERVICE, By Religion : Hindu Residing at : CLUB ROAD, DHANGADHRA, DIST. SURENDRANAGAR, GUJARAT, INDIA PETITIONER NO. 2 :- VAIBHAVI ROMIL GANDHI D/O. KIRTIBHAI PRABHUDASJI SANGHVI Aged 28Years, FEMALE, Occupation: HOUSEWIFE, By Religion : Hindu Residing at : 203, JIVAN APPARTMENT, INDORE, MADHYA PRADESH, INDIA. Subject:- Statement for the Address I, hereby Petitioner No.- 1 humbly submit to Hon’ble court by giving this Statement of the Address that : The address stated in the cause title of a suit is according to C.P.C. Order – 6, Rule – 14(A). Whatever stated above true and correct to the best of my knowledge and belief. Ahmedabad Date : _ Petitioner

No. 1

_ Petitioner No. 2 BEFORE HON’BLE PRINCIPAL JUDGE OF THE FAMILY COURT, AHMEDABAD Family Suit No. / 2021 PETITIONER NO. 1 :- ROMIL VASTUPAL GANDHI POWER OF ATTERNEY HOLDER OF PETITIONER NO. 1 :- VASTUPAL MANSUKHLAL GANDHI PETITIONER NO. 2 :- VAIBHAVI ROMIL GANDHI D/O. KIRTIBHAI PRABHUDASJI SANGHVI Subject:- Affidavit of Petitioner No. 1 I, the undersigned ROMIL VASTUPAL GANDHI Aged 30 Years, MALE, Occupation: Service, By Religion: HINDU, Resident of : 501, A WING, SWATI FLORENCE, SOUTH BOPAL, AHMEDABAD-380058. GUJARAT, INDIA, Presently Residing at : 1007, 07-03, TERESA VILLE, LOWER DELTA ROAD, SINGAPORE., POWER OF ATTERNEY HOLDER OF PETITIONER NO. 1 :- VASTUPAL MANSUKHLAL GANDHI, Aged 51Years, MALE, Occupation: SERVICE, By Religion : Hindu, Residing at : CLUB ROAD, DHANGADHRA, DIST. SURENDRANAGAR, GUJARAT, INDIA do hereby state on solemn affirm and declare on oath as under. Whatever stated Hereby in An Application for Divorce with Mutual consent under section 13 (B) of the Hindu Marriage Act form Para 1 to 21 are true and correct to the best of my knowledge and belief. And Para no – 22 is Prayer Clause. I believe the same to that. Ahmedabad

Date : _

Petitioner No. 1 BEFORE HON’BLE PRINCIPAL JUDGE OF THE FAMILY COURT, AHMEDABAD Family Suit No. / 2021 PETITIONER NO. 1 :- ROMIL VASTUPAL GANDHI POWER OF ATTERNEY HOLDER OF PETITIONER NO. 1 :- VASTUPAL MANSUKHLAL GANDHI PETITIONER NO. 2 :- VAIBHAVI ROMIL GANDHI D/O. KIRTIBHAI PRABHUDASJI SANGHVI Subject:- Affidavit of Petitioner No. 2 I, the undersigned VAIBHAVI ROMIL GANDHI D/O. KIRTIBHAI PRABHUDASJI SANGHVI Aged 28Years, FEMALE, Occupation: SERVICE, By Religion : Hindu, Residing at : 203, JIVAN APPARTMENT, INDORE, MADHYA PRADESH, INDIA do hereby state on solemn affirm and declare on oath as under. Whatever stated Hereby in An Application for Divorce with Mutual consent under section 13 (B) of the Hindu Marriage Act form Para 1 to 21 are true and correct to the best of my knowledge and belief. And Para no – 22 is Prayer Clause. I believe the same to that. Ahmedabad Date :

_ Petitioner No. 2

BEFORE HON’BLE PRINCIPAL JUDGE OF THE FAMILY COURT, AHMEDABAD Family Suit No. / 2021 PETITIONER NO. 1 :- ROMIL VASTUPAL GANDHI POWER OF ATTERNEY HOLDER OF PETITIONER NO. 1 :- VASTUPAL MANSUKHLAL GANDHI PETITIONER NO. 2 :- VAIBHAVI ROMIL GANDHI D/O. KIRTIBHAI PRABHUDASJI SANGHVI Subject:- List of evidence produced herewith We are the petitioners have produced copy of the evidences as below. 1. Identification proof of petitioner No. 1 2. Identification proof of petitioner No. 2 3. Marriage Certificate Ahmedabad Date : _ Petitioner No. 1

_ Petitioner No. 2