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Assignment DPC

The document contains two petitions: one for divorce by mutual consent under the Hindu Marriage Act, detailing the marriage and separation of Mrs. Sheela Kadam and Mr. Ram Kadam, and another for restitution of conjugal rights by Mr. Rama Swamy against his wife. Additionally, it includes a rent agreement between Ms. Asmita Varma and Mr. Varun Dhavan for a residential flat, and a last will and testament of Smt. Srushti Nair outlining her family details and bequests. Each section is formal and follows legal conventions appropriate for family law in India.

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0% found this document useful (0 votes)
80 views12 pages

Assignment DPC

The document contains two petitions: one for divorce by mutual consent under the Hindu Marriage Act, detailing the marriage and separation of Mrs. Sheela Kadam and Mr. Ram Kadam, and another for restitution of conjugal rights by Mr. Rama Swamy against his wife. Additionally, it includes a rent agreement between Ms. Asmita Varma and Mr. Varun Dhavan for a residential flat, and a last will and testament of Smt. Srushti Nair outlining her family details and bequests. Each section is formal and follows legal conventions appropriate for family law in India.

Uploaded by

mouryasanjay6
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

1.

IN THE FAMILY COURT AT BANDRA


PETITION NO: F /_____ OF 2024

Mrs. Sheela Kadam


Aged about ___ years, Occ: Self Employed,
Resi: ______________________
Mon: ______________________ …. Petitioner No. 1
V/S
Mr. Ram Kadam
Aged about ___ years, Occ: Service,
Resi: ______________________
Mon: ______________________ …. Petitioner No. 2
PETITION FOR DIVORCE BY MUTUAL CONSENT
U/S 13B OF THE HINDU MARRIAGE ACT, 1955

To,
THE HON’BLE PRINCIPAL JUDGE AND THE OTHER PUISNE JUDGES
OF THIS HON’BLE COURT.

HUMBLE PETITION OF THE PETITIONERS ABOVE NAMED MOST


RESPECTFULLY SHEWETH:-

The Petitioners above named do hereby state and declare on solemn affirmation as under: -

1. The Petitioner No. 1 states that she is the legally wedded wife of Petitioner No. 2 and
Petitioner No. 2 is the legally wedded husband of Petitioner No. 1. Their marriage
was solemnized according to Hindu rites and rituals on 01/01/2019 at
__________________. The Marriage Photograph is attached herewith, hereto,
annexed and marked as Exhibit “A”.
2. The Petitioners state that both Petitioners are Hindu by religion and continue to be so.
They are the domicile of the State of Maharashtra before and after marriage. The
Petitioners state that Petitioner No. 1 was a spinster and Petitioner No. 2 was a
bachelor before the marriage.
3. The Petitioners state that after the marriage Petitioner No. 1 went to reside with
Petitioner No. 2 at the address given in the title clause. The copy of the Aadhar Cards
of the Petitioners are annexed hereto and marked as Exhibit “B”.
4. At present, out of the said wedlock, they have one child:

Daughter – Miss Akshada Kadam,


Date of Birth: 25/03/2020

5. The copies of Aadhar Cards of their child is annexed hereto and marked as Exhibit
“C”.
6. That the Petitioners state that after the marriage they resided happily with each other
with some squabble on and off.
7. The Petitioners states that after that owing to differences in temperament,
________________________________. The Petitioners, therefore, finally separated
owing to irreconcilable differences in habits and temperament since ___________.
8. The Petitioners state that further efforts and attempts were made by mutual friends
and acquaintances to effect a reconciliation but it has not been possible owing to the
vital differences in temperament and mental incompatibility.
9. Petitioner No. 1 states that she has separated from Petitioner No. 2 and living apart for
more than ____ years.
10. In these circumstances Petitioner No. 1 and Petitioner No. 2 have mutually agreed and
decided that there is no point in the continuance of the marital relationship and have
further agreed upon the dissolution of the marriage tie by a decree of divorce.
11. 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.
12. That there are no proceedings such as Criminal or Civil or any other filed or pending
between Petitioner No. 1 and Petitioner No. 2 and therefore the question of
withdrawing the proceedings does not arise.
13. The Petitioners say that they have settled all the ancillary matters and that neither of
the Petitioners has any claim of whatsoever nature against each other presents given
to the other at the time of their marriage.
14. That both the Petitioners hereby agreed upon a one-time settlement amount
____________. The receipt of the said amount annexed hereto and marked as Exhibit
“D”.
15. That the Petitioners state that the custody of minor daughter Miss Akshada Kadam
(DOB: 25/03/2020) shall remain with Petitioner No. 1 (Mother) and Petitioner No.
2 (Father) shall have visitation rights as may be mutually decided by both the
Petitioners.
16. That the Petitioners hereby undertake that they shall not initiate any proceedings
either civil or criminal against each other at any place in India or outside in respect of
their marital rights. The Petitioners hereinabove shall not make any claim against each
other and no one shall claim through them in any movable or immovable properties
hereafter.
17. The Petitioners say that after the passing of the decree of dissolution of marriage,
neither of them shall be responsible and/or liable for the debts and liabilities of each
other in any manner.
18. That they do not have any allegation of whatsoever nature against each other and they
shall not make the same in the future.
19. That there is no collusion between the parties in the filing of the present petition for
dissolution of marriage.
20. The Petitioners say that they have made best efforts to come together as husband and
wife but they have failed in their endeavors.
21. The Petitioners state that both of them lastly resided at
_______________________________. Hence this Hon’ble Court has jurisdiction to
try, entertain, and dispose of this Petition.
22. The Petitioners have affixed required Court fees as per the Court Fees Stamps Act.

The Petitioners therefore pray:


That this Hon’ble Court may be pleased to dissolve the marriage of the Petitioners
solemnized on 01/01/2019 by a decree of divorce under Section 13B of the Hindu Marriage
Act, 1955.
For such further and other relief as the circumstances of the case may require.
PETITIONER NO. 1 PETITIONER NO. 2
Mrs. Sheela Kadam Mr. Ram Kadam
Date:
Place: Mumbai.
VERIFICATION
We (1) Mrs. Sheela Kadam, Petitioner No. 1 aged about ___ years, Occ: Self Employed,
residing at ___________________ and (2) Mr. Ram Kadam, Petitioner No. 2 aged about
___ years, Occ: Service residing at ___________________, do hereby respectively solemnly
declare and state that whatever is stated in the foregoing paragraphs of the petition is true and
correct to our own knowledge and belief and we believe the same to be true.
Solemnly affirmed at Mumbai
On this ___th day of ___, 20
Petitioner No. 1 Petitioner No. 2
Mrs. Sheela Kadam Mr. Ram Kadam
Identified by me
Sachin R. Kate
Off: ___________
draft of an Application / Petition for Restitution of Conjugal Rights under Section 9 of
the Hindu Marriage Act, 1955, suitable for filing in a Family Court.
I have kept the language formal and commonly accepted in Indian family courts. You
may later customize names, dates, and addresses as required.

2. IN THE FAMILY COURT AT __________


PETITION NO: _____ OF 20__

Mr. Rama Swamy


Aged about ___ years,
Religion: Hindu,
Occupation: __________,
Residing at: ___________________________
Mobile No.: ___________________________
… Petitioner
VERSUS
Mrs. __________________ Swamy
Aged about ___ years,
Religion: Hindu,
Occupation: __________,
Residing at: ___________________________
… Respondent

PETITION UNDER SECTION 9 OF THE HINDU


MARRIAGE ACT, 1955
FOR RESTITUTION OF CONJUGAL RIGHTS

To,

THE HON’BLE PRINCIPAL JUDGE AND


THE OTHER HON’BLE JUDGES OF THIS
HON’BLE FAMILY COURT AT __________

The Humble Petition of the Petitioner above named

MOST RESPECTFULLY SHEWETH:

1. The Petitioner states that he is a Hindu by religion and is governed by the provisions
of the Hindu Marriage Act, 1955.
2. The Petitioner states that the Respondent is his legally wedded wife. The marriage
between the Petitioner and the Respondent was solemnized according to Hindu rites
and rituals on __________ at __________.
3. The Petitioner states that after the marriage, the Petitioner and the Respondent
cohabited together as husband and wife at the matrimonial home situated at
___________________________.
4. The Petitioner states that initially the marital life between the Petitioner and the
Respondent was cordial and peaceful.
5. The Petitioner states that thereafter, due to misunderstanding and minor marital
disputes, the Respondent, without any reasonable cause or justification, withdrew
from the society of the Petitioner on __________ and started residing separately at
her parental home.
6. The Petitioner states that the Respondent has deserted the Petitioner without
reasonable excuse, and such withdrawal from the society of the Petitioner is illegal,
unjustified, and contrary to marital obligations.
7. The Petitioner states that he has always been ready and willing to discharge all his
marital duties and responsibilities and is still willing to take the Respondent back to
the matrimonial home and live with her as a devoted husband.
8. The Petitioner states that several efforts were made by him and by elders and well-
wishers of both families to persuade the Respondent to resume cohabitation with the
Petitioner; however, the Respondent has refused to do so.
9. The Petitioner states that the Respondent’s withdrawal from the society of the
Petitioner has caused him mental agony, emotional distress, and hardship.
10. The Petitioner states that there is no legal ground, cruelty, or misconduct on the part
of the Petitioner which would justify the Respondent’s refusal to live with him.
11. The Petitioner states that there are no other matrimonial proceedings pending
between the Petitioner and the Respondent before any court of law.
12. The cause of action for the present petition arose on __________ when the
Respondent withdrew from the society of the Petitioner and continues from day to
day.
13. The Petitioner states that this Hon’ble Court has jurisdiction to entertain and try the
present petition as the marriage was solemnized / parties last resided together within
the jurisdiction of this Hon’ble Court.

PRAYER
The Petitioner therefore humbly prays that this Hon’ble Court may be pleased to:
a) Pass a decree for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage
Act, 1955, directing the Respondent to resume cohabitation with the Petitioner;
b) Grant any other reliefs as this Hon’ble Court may deem fit and proper in the facts and
circumstances of the case.
AND FOR THIS ACT OF KINDNESS,
THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.
Place: __________
Date: __________
Petitioner
Mr. Rama Swamy
VERIFICATION
I, Mr. Rama Swamy, the Petitioner herein, do hereby verify that the contents of paragraphs
1 to 13 of the above petition are true and correct to my knowledge and belief.
Verified at __________
On this ___ day of ________, 20
Petitioner
Mr. Rama Swamy
Assignment 2

RENT AGREEMENT
This Rent Agreement is made and executed at Mumbai, on this ___ day of __________
20__,
BETWEEN
Ms. Asmita Varma,
Age: ___ years,
Occupation: __________,
Residing at Malabar Hill, Mumbai,
Hereinafter referred to as the “LANDLORD” (which expression shall mean and include her
heirs, legal representatives, successors and assigns)
AND
Mr. Varun Dhavan,
Age: ___ years,
Occupation: __________,
Residing at Queen’s Park, Marine Lines, Mumbai,
Hereinafter referred to as the “TENANT” (which expression shall mean and include his
heirs, legal representatives, successors and assigns).
The Landlord and the Tenant are hereinafter collectively referred to as the “Parties”.

WHEREAS
a) The Landlord is the absolute owner and lawfully entitled to let out the residential flat
situated at Seven Hill, Bandra, Mumbai, more particularly described in Schedule A herein
below (hereinafter referred to as the “Demised Premises”).
b) The Tenant has approached the Landlord with a request to take the said premises on rent
for residential purposes, and the Landlord has agreed to grant the same on the terms and
conditions mentioned herein.

NOW THIS AGREEMENT WITNESSETH AS


FOLLOWS:
1. Term of Tenancy
The tenancy shall be for a period of 11 (Eleven) months, commencing from //20__ and
ending on //20__, unless terminated earlier as per this Agreement.

2. Rent
The Tenant shall pay to the Landlord a monthly rent of ₹________/- (Rupees
__________________ only), payable on or before the ___ day of each English calendar
month.

3. Security Deposit
The Tenant has paid a sum of ₹________/- (Rupees __________________ only) to the
Landlord as a refundable security deposit, free of interest, at the time of execution of this
Agreement.
The said deposit shall be refunded to the Tenant at the time of vacating the premises after
deducting lawful dues, if any.

4. Purpose of Use
The Demised Premises shall be used only for residential purposes by the Tenant and his
family members and shall not be used for any commercial, illegal, or unlawful activities.

5. Maintenance and Utilities


a) The Tenant shall pay electricity charges, water charges, gas charges, and other usage-based
charges as per actual consumption.
b) Society maintenance charges shall be borne by ____________ (Landlord/Tenant).

6. Repairs
a) Minor day-to-day repairs shall be borne by the Tenant.
b) Major structural repairs shall be borne by the Landlord.

7. Alterations
The Tenant shall not make any structural changes, additions, or alterations to the Demised
Premises without prior written consent of the Landlord.

8. Subletting
The Tenant shall not sublet, assign, or part with possession of the Demised Premises or any
part thereof to any third party.

9. Inspection
The Landlord or her authorized representative shall have the right to inspect the Demised
Premises after giving prior reasonable notice to the Tenant.

10. Termination
Either Party may terminate this Agreement by giving one month’s prior written notice to
the other Party or by paying one month’s rent in lieu thereof.

11. Vacating the Premises


Upon termination or expiry of this Agreement, the Tenant shall peacefully hand over vacant
possession of the Demised Premises to the Landlord in good condition, subject to normal
wear and tear.

12. Lock-in Period


The lock-in period, if any, shall be __________ months from the commencement date.

13. Governing Law and Jurisdiction


This Agreement shall be governed by the laws of India and shall be subject to the exclusive
jurisdiction of the Courts at Mumbai.

14. Registration
The Parties agree to register this Agreement as per applicable laws, and the registration
charges and stamp duty shall be borne by ____________.
SCHEDULE – A
(Description of the Demised Premises)
Residential Flat situated at Seven Hill, Bandra, Mumbai, consisting of ___ bedroom(s), ___
hall, ___ kitchen, along with fittings and fixtures.

IN WITNESS WHEREOF
The Parties hereto have set their respective hands to this Agreement on the day, month, and
year first mentioned above.

LANDLORD
Ms. Asmita Varma
(Signature)

TENANT
Mr. Varun Dhavan
(Signature)

WITNESSES:
1. Name: ____________________
Address: __________________
Signature: ________________
2. Name: ____________________
Address: __________________
Signature: ________________
2. LAST WILL AND TESTAMENT
OF
SMT. SRUSHTI NAIR

I, Smt. Srushti Nair, aged about ___ years, residing at __________________________,


being an Indian citizen, of sound mind and good health, do hereby make this Last Will
and Testament on this ___ day of __________ 20, voluntarily and without any coercion or
undue influence.
This Will revokes all my earlier Wills and codicils, if any.
1. Family Details
I state that I am a Hindu by religion.
I have the following children:
1. Mr. Venkat, aged 23 years
2. Ms. Archita, aged 20 years
Both are my lawful children.
2. Appointment of Executor
I hereby appoint ________________________ as the Executor of this Will.
In case the above Executor is unable or unwilling to act, I appoint
________________________ as the alternate Executor.
3. Bequest of Home
I am the absolute owner of my residential home situated at:
___________________________________________
(hereinafter referred to as “my Home”).
I hereby bequeath my Home in the following manner:
 50% share to my son Mr. Venkat, and
 50% share to my daughter Ms. Archita,
to be held by them absolutely and jointly, with full rights of ownership, enjoyment, sale, or
transfer.
4. Bequest of Investments
I possess various investments, including but not limited to bank deposits, shares, mutual
funds, insurance policies, and other financial instruments.
I hereby bequeath all my investments, whether movable or intangible, as follows:
 50% to Mr. Venkat, and
 50% to Ms. Archita,
to be divided equally between them, absolutely.

5. Bequest of Jewelry
I own gold, silver, diamond, and other personal jewelry, whether kept at home or in bank
lockers.
I hereby bequeath my jewelry as follows:
 All my jewelry shall be divided equally between my children,
Mr. Venkat and Ms. Archita, as per mutual understanding, and in case of
disagreement, as decided by the Executor.
6. Residual Clause
All other movable or immovable properties, assets, belongings, or rights not specifically
mentioned in this Will shall also devolve equally upon Mr. Venkat and Ms. Archita.
7. Debts and Liabilities
All my lawful debts, liabilities, and expenses including funeral expenses shall be paid out of
my estate before distribution of assets.

8. Absolute Ownership
Upon my demise, my children shall become the absolute owners of the properties
bequeathed to them under this Will, with full rights to use, enjoy, sell, or otherwise deal with
the same.

9. Governing Law
This Will shall be governed by and construed in accordance with the laws of India.

DECLARATION
I declare that this is my Last Will and Testament, executed by me in full consciousness and
understanding of its contents.

SIGNATURE
Signed by the Testatrix
Smt. Srushti Nair
Signature: ___________________
Date: _______________________
Place: ______________________

WITNESSES
We, the undersigned witnesses, hereby certify that the Testatrix signed this Will in our
presence, and we have signed the same in her presence and in the presence of each other.

Witness No. 1

Name: _______________________
Address: ____________________
Signature: __________________

Witness No. 2

Name: _______________________
Address: ____________________
Signature: __________________
3. GIFT DEED
THIS GIFT DEED is made and executed at Mumbai, on this ___ day of __________ 20__,
BY
Ms. Sanjana Patel,
Age: ___ years,
Occupation: __________,
Residing at Aparna Co-operative Housing Society, Thane,
Hereinafter called the “DONOR” (which expression shall unless repugnant to the context
mean and include her heirs, legal representatives, successors and assigns);
IN FAVOUR OF
Ms. Anjana,
Age: ___ years,
Occupation: __________,
Residing at ____________________________,
Hereinafter called the “DONEE” (which expression shall unless repugnant to the context
mean and include her heirs, legal representatives, successors and assigns).
The Donor and the Donee are real sisters.

WHEREAS
a) The Donor is the absolute owner and in lawful possession of the residential flat situated at
Band Stand, Bandra, Mumbai, more fully described in the Schedule A hereunder
(hereinafter referred to as the “Scheduled Property”).
b) The Donor has acquired the said property by lawful means and has full right, title, and
authority to gift the same.
c) The Donee is the loving sister of the Donor.
d) Out of natural love and affection, the Donor is desirous of gifting the Scheduled Property
to the Donee without any monetary consideration.
e) The Donee has agreed to accept the said gift.
NOW THIS DEED WITNESSETH AS FOLLOWS:
1. Gift
The Donor hereby voluntarily and irrevocably gifts, conveys, transfers, and assigns unto
the Donee the Scheduled Property, together with all rights, easements, privileges, and
appurtenances attached thereto, without any consideration.

2. Acceptance
The Donee hereby accepts the gift of the Scheduled Property made by the Donor during the
lifetime of the Donor.

3. Possession
The Donor hereby hands over vacant and peaceful possession of the Scheduled Property to
the Donee on execution of this Gift Deed.

4. Title and Ownership


From the date of execution of this Gift Deed, the Donee shall be the absolute owner of the
Scheduled Property and shall have full rights to use, enjoy, sell, mortgage, lease, or otherwise
deal with the same as she deems fit.
5. Encumbrances
The Donor declares that the Scheduled Property is free from all encumbrances, charges,
liens, mortgages, litigation, acquisition, or claims of any nature whatsoever.

6. Taxes and Outgoings


All municipal taxes, society charges, and other outgoings payable up to the date of execution
of this Gift Deed shall be borne by the Donor, and thereafter by the Donee.

7. Irrevocability
This Gift Deed is absolute and irrevocable, and the Donor shall have no right whatsoever to
cancel or revoke the gift after execution.

8. Registration
The Parties agree that this Gift Deed shall be compulsorily registered under the provisions
of the Registration Act, 1908.
Stamp duty and registration charges shall be borne by the Donee, unless otherwise agreed.

9. Governing Law
This Gift Deed shall be governed by and construed in accordance with the laws of India and
shall be subject to the jurisdiction of the Courts at Mumbai.

SCHEDULE – A
(Description of the Scheduled Property)
All that residential Flat bearing No. ___, on ___ floor, in the building known as
______________________, situated at Band Stand, Bandra, Mumbai, admeasuring ____
sq. ft. built-up area, together with proportionate undivided share in the land and common
areas and facilities.

IN WITNESS WHEREOF
The Donor and the Donee have hereunto set their respective hands on the day, month, and
year first hereinabove written.

DONOR
Ms. Sanjana Patel
(Signature)

DONEE
Ms. Anjana
(Signature)

WITNESSES:
1. Name: __________________________
Address: _______________________
Signature: _____________________
2. Name: __________________________
Address: _______________________
Signature: _____________________

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