IN THE FAMILY COURT MUMBAI AT, BANDRA

M. J. PETITION NO. OF 2019

Fiona Brian Mathias @ Fiona Ignatius D’Souza )

aged 31 years, Occ.: - Service )
Residing at 2/4 Desai Chawl, )
D’monte Lane, Near Thomas Bakery, )
Orlem, Malad (West), )
Mumbai -400064 Maharashtra )
Contact No. 9920719718 )
Email.:- [email protected] ) …Petitioner No. 1

And

Brian Francis Mathias )

aged 33 years, Occ.: - Service )
Residing at 601, Poonam Heights, )
Global City, Virar (West), Palghar. )
Contact no. 8454086449 )
Email:[email protected] ) …Petitioner No. 2

To,
The Principal Judge and other
Hon’ble Judges of this
Hon’ble Family Court.
At Bandra, Mumbai.
----------------------------
Petition u/s sec 28, of Special
Marriage Act, 1954, for decree of
divorce by mutual consent.
The humble joint petition of the Petitioner No. 1 and Petitioner No. 2 above
named.

MOST RESPECTFULLY SHEWETH:

 
1. Both the Petitioners are adults, Christian, Indian inhabitant, citizens of India
and domiciled in state of Maharashtra and residing at address mentioned in
the title herein above. They are not belonging to Schedule Tribe as per section
2 (2) of Hindu Marriage Act.
2. Both Petitioners married to each other on 04/02/2017 and the marriage was
solemnized and registered before the Marriage Registrar, Government of
Maharashtra, Mantralaya, Mumbai, in the presence of the near relatives and
well wishers.
 Annexed herein & marked Exhibit ‘A’ is the original marriage photographs.
Annexed herein & marked Exhibit ‘B’ is original marriage certificate.

3. Both the Petitioners states that prior to the marriage Petitioner no. 1 was
spinster and her maiden name was Ms. Fiona Ignatius D’Souza and Petitioner
no. 2 was bachelor.
4. Both the Petitioners submit that on the date of marriage, Petitioner No. 1 was
31 years and Petitioner No. 2 was 29 years old, thus both Petitioners had
attained majority and were of marriageable age as prescribed under the law.
5. Both the Petitioners submits that the marriage between both Petitioners was a
valid marriage under Special Marriage Act, 1954 and none of the parties had
any spouse living at the time of the marriage and the relationship of the
Petitioner no. 1 and Petitioner no. 2 also do not fall within the prohibited
degrees.
6. Both the Petitioners submits that, after marriage they were last residing as a
husband and wife at 601, Poonam Heights, Global City, Virar (West), Palghar,
Maharashtra and thus this is treated as their matrimonial home.
7. Both the Petitioners states that out of the said wedlock they do not have any
child.
8. The Petitioners submit that, there were difference of opinion between them
from the last 2 year and their views & opinions differed on many trivial issues
concerning their life style and behaviour. Their temperament, likes and nature
totally mismatch and they could not arrive on any mutual decision relating to
their daily family issues.
9. The Petitioners state that now the relationship between them has come to such
a stage that it is not at all possible for them to live as husband and wife any
more. The Petitioners have tried to reconcile their differences by seeking the
intervention of the family members, friends and elderly relatives, but in vain
and the efforts made by them proved futile.
10. The Petitioners state that they both have decided to live separately in different
homes and from 20/03/2017 they are living separate till date. The Petitioners
state that they do not have any physical or mental relationship between them
and thus never treated themselves in relationship of husband & wife.
11. The Petitioners will exchange all their jewellery, goods, articles and other
exchangeable items with each other on final hearing of the present petition and
after that no party has any kind of claim over any other item or property, as
per the consent terms herein.
12. The Petitioners confirm and declare that presently there is no joint property
both movable and immovable, investment or any other asset. However if any
found in future than petitioners shall co-operate each other in deletion of
name, separation or distribution of the same mutually and peacefully.
13. The Petitioners confirm and declare that presently there is no joint debt /
loan / liability or due of whatsoever nature in whatsoever manner. However if
 any found in future than Petitioner/s shall bear / pay such debt / loan /
liability/ dues and keep harmless and free the other Petitioner.
14. The Petitioners hereby agree, confirm and declare that they will never claim
any kind of legal right on each other’s property both movable and immovable,
bank account, investment or any other asset, which was hold or acquired in
their individual name before, during, after marriage and now after mutual
divorce herein, in future.
15. The Petitioners agree and declare that they shall not file any complaint or
adopt any Civil and/or Criminal proceedings against each other regarding any
act done by them during the existence of marriage, separation and in future
after mutual divorce herein. Further both the Petitioners agree, confirm and
declare that if there is any complaint or Civil / Criminal case pending in any of
the Court of Law in India or out of India, then the same now stands withdrawn
unconditionally and voluntarily against each other after mutual divorce
herein. Also they should not adopt any malpractices to defame each other or
their families and in no circumstances use any such documents or material
acquired during the existence of marriage & after mutual divorce herein.
16. The Petitioner no. 1 wife agrees and confirms that she will not use the name
and surname of Petitioner No. 2 after mutual divorce herein, for any purpose
in future. The Petitioners agree and confirm herein that they are free to re-
marry and no Petitioner will create any obstacle in each other’s re-marriage.
17. The Petitioner no. 1 wife agrees and confirms that she waives her claim of
maintenance and alimony permanently from Petitioner no. 2 and will never
hold him responsible or liable for any maintenance or alimony in future
forever.
18. The Petitioner No. 2-husband agree and declare that they shall co-operate each
other with their physical presence as well as for executing necessary
documentations as required to obtain the Annulment of the Marriage on
mutual consent terms from the Archdiocese of Mumbai.
19. The Petitioners state that there has been irretrievable break down of marriage
and the same has become totally dead and beyond any hope of salvage.
20. In view of the above circumstances, the Petitioners have now mutually agreed
that there is no point for the continuance of the marital relationship between
them and they have decided to settle the matter amicably by seeking legal
means by filing a Mutual Consent Petition under the provision of u/s sec 28, of
Special Marriage Act, 1954, by which the Petitioners are governed.
21. The Petitioners have mutually agreed upon certain terms and conditions more
specifically set out in the consent terms. Annexed herein & marked Exhibit ‘C’
are the consent terms.
22. The Petitioners state that it is desirable and necessary under the facts and
circumstances of the present case, that the marriage should be dissolved in the
mutual interest of the Petitioners.
23. The Petitioners state that the mutual consent to the present divorce has not
been obtained by any force, fraud or under influence.

24. That the cause of action for filing this instant petition arose from 20/03/2017
and both the Petitioners have now agreed to seek a divorce by mutual consent.

25. Both the Petitioners submit that their marriage was solemnised at Mantralaya
Mumbai-Maharashtrsa and the Petitioner no. 1-wife is presently residing at
Malad (West), Mumbai, therefore the present honourable court has got the
jurisdiction to try & entertain this Petition filed u/s 28, of Special Marriage Act,
1954.

26. The Petitioners submits that there is no other case pending before any court of
law for dissolution of marriage between both the Petitioners.

27. It is submitted that the court fee of Rs. 100 /- is paid herein.

28. The Petitioners submits that there is no collusion and connivance between both
the Petitioners, while filing this Petition.

29. The Petitioners state that they have read and understood the contents of this
Petition and the same are as per their instructions only.

In the above circumstances, the Petitioners humbly and respectfully submit

and pray as herein below:-
a] that this Hon’ble Court be pleased to pass an Order, Decree and Judgment
of Divorce and thereby dissolving the marriage solemnized on 04/02/2017,
between the above Petitioners under the Provision of u/s 28, of Special
Marriage Act, 1954 any other relief as this honorable court may deem fit
and proper.

Place : - Bandra, Mumbai.

Dated this _____ day of May , 2019

[Vikrant C. Deshpande] [Fiona Brian Mathias @ Fiona Ignatius

D’Souza]
Advocate for Petitioner No. 1 & 2 Petitioner No.
1
 [Brian Francis Mathias]
Petitioner no. 2

VERIFICATION

I, Fiona Brian Mathias @ Fiona Ignatius D’Souza the Petitioner no. 1 do hereby
solemnly affirm and state that whatever stated hereinabove is true and correct to
the best of my knowledge and I believe the same to be true.

Solemnly affirmed at Mumbai )

Dated this _____ day of May 2019 )

Identified by me

[Vikrant C. Deshpande] [Fiona Brian Mathias @Fiona Ignatius

D’Souza]
Advocate for Petitioner No. 1 & 2 Petitioner No.
1

VERIFICATION

I, Brian Francis Mathias, the Petitioner no. 2 do hereby solemnly affirm and
state that whatever stated hereinabove is true and correct to the best of my
knowledge and I believe the same to be true.

Solemnly affirmed at Mumbai )

Dated this _____ day of May 019 )

Identified by me

[Brian Francis Mathias]

Petitioner no. 2
[Vikrant C. Deshpande]
Advocate for Petitioner no. 1 &2

IN THE FAMILY COURT MUMBAI AT, BANDRA

M. J. PETITION NO. OF 2019

Fiona Brian Mathias @ Fiona Ignatius D’Souza )

aged 31 years, Occ.: - Service )
Residing at 2/4 Desai Chawl, )
D’monte Lane, Near Thomas Bakery, )
Orlem, Malad (West), )
Mumbai -400064 Maharashtra )
Contact No. 9920719718 )
Email.:- [email protected] ) …Petitioner No. 1

And

Brian Francis Mathias )

aged 33 years, Occ.: - Service )
Residing at 601, Poonam Heights, )
Global City, Virar (West), Palghar. )
Contact no. 8454086449 )
Email:[email protected] ) …Petitioner No. 2
CONSENT TERMS
 
1) Both the Petitioners are agreed and declared that both the Petitioners have agreed to
dissolve their marriage solemnized on 04/02/2017 by mutual consent as
contemplated Provision of u/s 28, of Special Marriage Act, 1954.

2) Both the Petitioners agree, confirm and declare that they will never claim any kind of
legal right on each other’s property both movable and immovable, bank account,
investment or any other asset, which was hold or acquired in their individual name
before, during, after marriage and now after mutual divorce herein, in future, except
mentioned herein below.

3) Both the Petitioners agree and declare that shall not file any complaint or adopt
any Civil and/or Criminal proceedings against each other regarding any act
done by them during the existence of marriage, separation and in future after
mutual divorce herein. Further both the Petitioners agree, confirms and declare
that if there is any complaint, or Civil / Criminal case pending in any of the
Court of Law in India or out of India, than the same now stands withdrawn
unconditionally and voluntarily against each other right now after mutual
 divorce herein. Also they should not adopt any malpractices to defame each
other or their families and in no circumstances use any such documents or
material acquired during the existence of marriage & after mutual divorce
herein.

4) The Petitioner no. 1 wife agrees and confirms that she will not use the name
and surname of Petitioner No. 2 after mutual divorce herein, for any purpose
in future. The Petitioner No. 2 will always co-operates the Petitioner no. 1 to
change her name. Both the Petitioner agrees and confirms herein that they are
free to re-marry and no Petitioner will create any obstacle in each other’s re-
marriage.

5) Both the Petitioners confirms that they have exchanged all their goods, articles
and other exchangeable items with each other before filing of this Petition and
no party has any kind of claim over any other item or property.

6) The Petitioners confirm and declare that presently there is no joint property
both movable and immovable, investment or any other asset. However if any
found in future than petitioners shall co-operate each other in deletion of
name, separation or distribution of the same mutually and peacefully.

7) The Petitioners confirm and declare that presently there is no joint debt /
loan / liability or due of whatsoever nature in whatsoever manner. However if
any found in future than Petitioner/s shall bear / pay such debt / loan /
liability/ dues and keep harmless and free the other Petitioner.

8) The Petitioners state that out of the said wedlock they do not have any child.

9) The Petitioner no. 1 wife agrees and confirms that she waives her claim of
maintenance and alimony permanently from Petitioner no. 2 and will never
hold him responsible or liable for any maintenance or alimony in future
forever.

Place : - Bandra, Mumbai.

Dated this _____ day of May , 2019

[Vikrant C. Deshpande]
Advocate for Petitioner No. 1 & 2

[Fiona Brian Mathias@Fiona Ignatius D’Souza]

 Petitioner No. 1

[Brian Francis Mathias]

Petitioner no. 2

======================

IN THE FAMILY COURT MUMBAI AT, BANDRA

M. J. PETITION NO. OF 2019

Fiona Brian Mathias@Fiona Ignatius D’Souza .… Petitioner No. 1

And
Brian Francis Mathias ...… Petitioner No. 2
 COURT FEES

[Vikrant C. Deshpande]
Advocate for Petitioner No. 1& 2

IN THE FAMILY COURT MUMBAI AT, BANDRA

M. J. PETITION NO. OF 2019

Fiona Brian Mathias@Fiona Ignatius D’Souza .… Petitioner No. 1

And
Brian Francis Mathias ...… Petitioner No. 2

INDEX
---------------------------------------------------------------------------------------------------------
SR. NO PARTICULARS PAGE
---------------------------------------------------------------------------------------------------------
1. Roznama

2. Petition

3. Affidavit of Petitioners No. 1 & 2

4. List of Documents

5. Exhibit `A’

Original Marriage Photographs

6. Exhibit `B’

Original Marriage Certificate

7. Exhibit `C’

Original consent terms

8. Copy of Pan Card & Aadhar card of Petitioner No. 1 & 2

9. Memorandum of Address of Petitioner No. 1 & Petitioner No. 2

10. Application for appointing Advocate

11. Vakalatnama

12. Court fees

IN THE FAMILY COURT MUMBAI
AT, BANDRA
M. J. PETITION NO. OF 2019

Fiona Brian Mathias@

Fiona Ignatius D’Souza
.… Petitioner
No. 1

And
Brian Francis Mathias

.… Petitioner No. 2

Petition u/s sec 28, of Special

Marriage Act, 1954, for decree of
divorce by mutual consent.

(Shri Vikrant C. Deshpande)

Advocates for Petitioner no. 1 & 2
Shop No.3, Cancer Pisces CHS ltd
Janakalyan Nagar, Behind Fire
Brigade, Malwani No. 1, Malad
(West), Mumbai - 400 095.
Office Tel.:- 7738793982
022-40142937
Email id:- [email protected]
 IN THE FAMILY COURT MUMBAI AT, BANDRA

M. J. PETITION NO. OF 2019

Fiona Brian Mathias @ Fiona Ignatius D’Souza .… Petitioner No. 1

And
Brian Francis Mathias .… Petitioner No. 2

Application for appointing advocate in the above matter

MAY IT PLEASE YOUR HONOUR:-

We, Fiona Brian Mathias @ Fiona Ignatius D’Souza, the Petitioner No. 1 & Brian
Francis Mathias, the Petitioner No. 2 above named most humbly and respectfully
beg submit as under :-

1. We say that the above petition is on today’s board.

2. We say that our selves will not be able to plead our case as we do not have
the adequate legal knowledge and possibly a question of law is involved in
our case and ourselves shall not be able to or in position to conduct we case
on my own adequately.

3. It is therefore necessary for me to take the assistance of an Advocate; we

therefore pray that we may be permitted to appoint Shri.Virkant C.
Deshpande, Mrs. Vanita Y. Orpe, Mrs. Shilpa A. Jadhav, Mrs. Sabhyata
Rajpurohit & Shri. Devendra C. Parab Advocates, to appear and plead on
our behalf in the above matter. Hence as per rule 37, the Family Court
(Court) Rules 1988, we may be granted permission to appoint an advocate
as name mentioned above.

And for this act of kindness, we shall ever pray.

Solemnly affirmed at Mumbai )

This day of _________ 2019 )

[Fiona Brian Mathias @ Fiona Ignatius D’Souza]

Petitioner No. 1

[ Brian Francis Mathias ]

Petitioner no. 2
[Vikrant C. Deshpande]
Advocate for Petitioner No. 1& 2

IN THE FAMILY COURT MUMBAI AT, BANDRA

 M. J. PETITION NO. OF 2019

Fiona Brian Mathias @ Fiona Ignatius D’Souza .… Petitioner No. 1

And
Brian Francis Mathias ..… Petitioner No. 2

ROZNAMA
-------------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram, Court’s or
Appearance, Court’s order or Direction, Judge’s Order
-------------------------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram, Court’s or
Appearance, Court’s order or Direction, Judge’s Order
-------------------------------------------------------------------------------------------------------------

[Shri Vikrant C. Deshpande]

Advocate for Petitioner No. 1 & 2

IN THE FAMILY COURT MUMBAI AT, BANDRA

M. J. PETITION NO. OF 2019
Fiona Brian Mathias @ Fiona Ignatius D’Souza .… Petitioner No. 1

And
Brian Francis Mathias ...… Petitioner No. 2

AFFIDAVIT IN SUPPORT OF PETITION

I, Fiona Brian Mathias @ Fiona Ignatius D’Souza, the Petitioner No. 1, do hereby
state on solemn affirmation as follows:-

1. I say that I have filed the above Petition u/s 28, of Special Marriage Act,
1954. for Divorce by Mutual Consent and as set out more particularly in
the Petition.
2. In the said connection, I crave leave to adopt and reiterate each and every
statement, averment, and submission as contained in the Petition as if the
same has been specifically set out herein and separately restated. I pray
that the same be treated as a part of this Affidavit.

Solemnly affirmed at Mumbai )

This________day of ___________ 2019)

[Shri Vikrant C. Deshpande]

Advocate for Petitioner No. 1 & 2

(Fiona Brian Mathias @ Fiona Ignatius D’Souza)

Petitioner No. 1

IN THE FAMILY COURT MUMBAI AT, BANDRA

M. J. PETITION NO. OF 2019

Fiona Brian Mathias@Fiona Ignatius D’Souza .… Petitioner No. 1

 And
Brian Francis Mathias ...… Petitioner No. 2

AFFIDAVIT IN SUPPORT OF PETITION

I, Brian Francis Mathias, the Petitioner No. 2, do hereby state on solemn

affirmation as follows:-

1. I say that I have filed the above Petition u/s 28, of Special Marriage Act,
1954 for Divorce by Mutual Consent and as set out more particularly in the
Petition.
2. In the said connection, I crave leave to adopt and reiterate each and every
statement, averment, and submission as contained in the Petition as if the
same has been specifically set out herein and separately restated. I pray
that the same be treated as a part of this Affidavit.

Solemnly affirmed at Mumbai )

This _____ day of ______2019 )

[Brian Francis Mathias]

Petitioner No. 2

[Shri Vikrant C. Deshpande]

Advocate for Petitioner No. 1 & 2

IN THE FAMILY COURT MUMBAI AT, BANDRA

M. J. PETITION NO. OF 2019

Fiona Brian Mathias@Fiona Ignatius D’Souza .… Petitioner No. 1

And
 Brian Francis Mathias ...… Petitioner No. 2

LIST OF DOCUMENTS
1. Original Marriage Photographs –Exh. A
2. Original Marriage Certificate- Exh. B
3. Original Consent Terms – Exh. C
4. Copy of Pan card & Aadhar card of Petitioner No. 1 & 2

Filled in the Court of Bandra on ____ day of May 2019

[Fiona Brian Mathias @ Fiona Ignatius D’Souza]

Petitioner No. 1

[Brian Francis Mathias]

Petitioner No. 2

[Shri Vikrant C. Deshpande]

Advocate for Petitioner No. 1 & 2

IN THE FAMILY COURT MUMBAI AT, BANDRA

M. J. PETITION NO. OF 2019

Fiona Brian Mathias @ Fiona Ignatius D’Souza .… Petitioner No. 1

And
Brian Francis Mathias .… Petitioner No. 2
 MEMORANDUM OF REGISTERED ADDRESS
Fiona Brian Mathias @
Fiona Ignatius D’Souza
Residing at 2/4 Desai Chawl,
D’monte Lane, Near Thomas Bakery,
Orlem, Malad (West),
Mumbai - 400 064

[Fiona Brian Mathias @ Fiona Ignatius D’Souza]

Petitioner No. 1

[Shri Vikrant C. Deshpande]

Advocate for Petitioner No. 1 & 2

IN THE FAMILY COURT MUMBAI AT, BANDRA

M. J. PETITION NO. OF 2019

Fiona Brian Mathias@Fiona Ignatius D’Souza .… Petitioner No. 1

And
Brian Francis Mathias .… Petitioner No. 2

MEMORANDUM OF REGISTERED ADDRESS

Brian Francis Mathias
Residing at 601, Poonam Heights,
 Global City, Virar (West), Palghar.

[Brian Francis Mathias]

Petitioner No. 2

[Shri Vikrant C. Deshpande]

Advocate for Petitioner No. 1 & 2
 I AM NOT A MEMBER OF THE WELFARE FUND THEREFORE
STAMP OF RS 2/- IS NOT AFFIXED HEREWITH

VAKALATNAMA
---------------------------------

Advocate’s Signature
IN THE FAMILY COURT MUMBAI AT, BANDRA
M. J. PETITION NO. OF 2019

Fiona Brian Mathias @ Fiona Ignatius D’Souza )

aged 31 years, Occ.: - Service )
Residing at 2/4 Desai Chawl, )
D’monte Lane, Near Thomas Bakery, )
Orlem, Malad (West), )
Mumbai -400 064 Maharashtra )
Contact No. 9920719718 )
Email.:- [email protected] ) …Petitioner No. 1

And

Brian Francis Mathias )

aged 33 years, Occ.: - Service )
Residing at 601, Poonam Heights, )
Global City, Virar (West), Palghar. )
Contact no. 8454086449 )
Email:[email protected] ) …Petitioner No. 2

To,
The Registrar,
Family Court Bandra,
Mumbai.
------------

Respected Sir / Madam,

We, Fiona Brian Mathias @Fiona Ignatius D’Souza, the Petitioner No. 1 & Brian
Francis Mathias Petitioner no. 2 above named, do hereby appoint Shri. Virkant C.
Deshpande, Mrs. Vanita Y. Orpe, Mrs. Shilpa A. Jadhav, Mrs. Sabhayata
Rajpurohit & Mr. Devendra C. Parab Advocates High Court to act appear and
plead on our behalf in the above matter.
In witness whereof, we have set and subscribed our hand to this writing at
Mumbai.

Dated this______ day of 2019

Accepted :-

(Shri. Vikrant C. Deshpande)

Bar Council of Maharashra& Goa
Roll No. MAH/2361/1999

(Mrs. Vanita Y. Orpe)

Bar Council of Maharashra& Goa
Roll No. MAH/3565/2008
Advocates for Petitioner No. 1 & 2

(Mrs. Shilpa A. Jadhav)

Bar Council of Maharashra& Goa
Roll No. MAH/5912/2013

(Mrs. SabhyataRajpurohit)
Bar Council of Maharashra& Goa
Roll No. MAH/5629/2006

(Shri. Devendra C. Parab)

Bar Council of Maharashra& Goa
Roll No. MAH/4078/2014

Office Address:-
Shop no. 03, Cancer Pisces CHS Ltd.,
Janakalyannagar, Malwani – 01,
behind fire brigade, Malad (W),
Mumbai :-  400 095.
 Contact nos.:-7738793982 & 022-40142937
Email id:- [email protected]

(Fiona Brian Mathias@ Fiona Ignatius D’Souza)

Petitioner No. 1

(Brian Francis Mathias)

Petitioner no. 2
 IN THE FAMILY COURT MUMBAI AT, BANDRA
M. J. PETITION NO. OF 2019

Fiona Brian Mathias @ Fiona Ignatius …Petitioner No. 1

And
Brian Francis Mathias …Petitioner No. 2

MARRIAGE PHOTOGRAPHS

IN THE FAMILY COURT MUMBAI AT, BANDRA

M. J. PETITION NO. OF 2019
Fiona Brian Mathias @ Fiona Ignatius D’Souza .… Petitioner No. 1

And
Brian Francis Mathias ...… Petitioner No. 2