IN THE COURT OF LD. XXXXXX; FAMILY COURTS, DIST. XXXX, XXXXXXX COURTS, DELHI.

H.M.A. PETITION NO. ______ OF 2024.

IN THE MATTER OF: -

XXXXXXX                                        : PETITIONER NO.1

AND

XXXXXXX                                        : PETITIONER NO.2

(P.S.: _______)

INDEX

PETITIONER NO.1                                   PETITIONER NO.2

THROUGH

____________________                    _______________

ADVOCATE                                    ADVOCATES

________________________             ____________________

IN THE COURT OF LD. XXXXXX JUDGE; FAMILY COURTS, XXXX EAST, XXXXXXXX COURTS, DELHI.

H.M.A. PETITION NO. ______ OF 2024.

IN THE MATTER OF: -

MR. XXXXXX                                   : PETITIONER NO.1

AND

MRS. XXXXX                                   : PETITIONER NO.2

(P.S.: _______)

MEMO OF PARTIES

MR. XXXXXXXX

S/o ______________

R/o _______________

___________________                      : PETITIONER No.1

A N D

MRS. XXXXXXXX,

D/o ______________

R/o ________________

____________________                     : PETITIONER No.2

PETITIONER NO.1                                  PETITIONER NO.2

THROUGH

____________________                    ____________________

ADVOCATE                                    ADVOCATES

________________________            ___________________

________________________            ___________________

Mob. No. ____________                   Mob. No. ___________

IN THE COURT OF LD. XXXXXX JUDGE; FAMILY COURTS, DIST. XXXX, XXXXXXX COURTS, DELHI.

H.M.A. PETITION NO. ______ OF 2024.

IN THE MATTER OF: -

MR. XXXXXXX                                : PETITIONER NO.1

AND

MRS. XXXXXXX                            : PETITIONER NO.2

(P.S.: _______)

FIRST MOTION PETITION UNDER SECTION 13(B)(1) OF THE HINDU MARRIAGE ACT, 1955 (AS AMENDED UP TO DATE) FOR DISSOLUTION OF MARRIAGE, BY DECREE OF DIVORCE BY MUTUAL CONSENT.

MOST RESPECTFULLY SHOWETH :-

1.                 That the marriage between the parties (petitioners herein) in the present petition was solemnized on __/__/__ at _______________ in accordance with the Sikh Customs, Rites and Ceremonies. Copy of marriage photograph and marriage invitation card is annexed herewith as Annexure P-1 (Colly.). Copy of Marriage Certificate is annexed herewith as Annexure P-2.

2.                 That the parties had earlier also filed a petition under section 13(B)(1) of the HMA, 1955 bearing no. _______ before the Hon’ble ____ Judge, Family Court, XXX Dist., XXX Courts, New Delhi and the same was for the first time listed on __/__/__. That on the said date of hearing itself the said matter was withdrawn by both the parties as the parties herein thought of (persuaded by family members etc.) giving the said marriage another opportunity and chose to mutually withdraw the said petition in order to attempt to mutually decide terms/ways to proceed forward/continue with the said marriage, however, to no success. It is pertinent to mention that despite the withdrawal of the said petition, neither the parties ever resided together, nor were able to resolve/settle their differences, hence, the parties have again filed the captioned petition seeking dissolution of marriage. The order dated __/__/__ is attached and annexed as Annexure P-5.

3.                 That the status, age and place of residence of the parties to present petition before the marriage and at the time of filing the present petition is as under:-

AT THE TIME OF MARRAIGE

AT THE TIME OF FILING OF THIS PETITION

4.                 That the Petitioner no.1 and the Petitioner no.2 are Sikh by birth and believe in Sikh mythology. Copies of the I.D. proofs of both the Petitioners are annexed herewith and marked as Annexure P-3 (Colly.).

5.                 That after the marriage both the parties to this petition started living together as a husband and wife, and the parties have resided together till November 2021 with each other, however, no child was born out of the said wedlock.

6.                 That due to the differences in the temperaments and behavior of the Petitioner No. 1 & 2 hereto, they could not live together much longer as husband and wife, and have been living separately from each other since November 2021. That it is pertinent to mention that even after the withdrawal of the previous petition the parties never resided together, and have been living separately since November 2021.

7.                 That all the efforts of reconciliation made by family members, relatives & friends of both the parties, have failed, and now there is no possibility of their reconciliation in future. As such the parties have finally decided to obtain divorce with mutual consent.

8.                 That it has been agreed between the parties that they shall separate from each other by obtaining a decree of divorce by mutual consent by filing a joint petition for divorce by mutual Consent within jurisdiction of Delhi.

9.                 That the petitioners have amicably settled all their disputes, differences and claims against each other in terms of the Memorandum of Settlement [hereinafter referred to as “MOU”]. That the contents of the said MOU may be read as a part and parcel of this present petition. Copy of Memorandum of Settlement is annexed and marked herewith as Annexure P-4.

10.             That the Petitioner No. 2 has settled all her claims in respect of istridhan, past, present and future maintenance, permanent alimony in terms of MOU.

11.             That on the date of the execution of the MOU, both the Petitioners agreed and undertook to sign and file the present First Motion Petition under Section 13B(1) of the Hindu Marriage Act, 1955, before this Hon’ble Court for seeking divorce by mutual consent. Both the Petitioners further undertake to cooperate with each other for its presentation and to make statements before this Hon'ble Court for the same.

12.             That it is further agreed between both the Petitioners that they shall be bound to uphold their respective obligations in the MOU and the party resiling from the MOU shall be liable to proceedings under The Contempt of Courts Act, 1971.

13.             That the present petition has been filed by both the parties with their consent before Hon'ble Court.

14.             That there is no unreasonable or improper delay in filing this petition.

15.             That no such petition between the Petitioners is pending before any other court of law except the present one.

16.             That there is no impediment in granting the relief as prayed for in the petition.

17.             That the Petitioner No. 2 is permanent resident of/at ___________________________________ which is within the jurisdiction of this Hon’ble Court. Hence, this Hon’ble has the jurisdiction to entertain and try this petition.

18.             That the appropriate court fees have been affixed with the present petition.

PRAYER:-

It is, therefore, most respectfully prayed to this Hon'ble Court may kindly grant the First Motion and pass a decree of divorce by mutual consent under Section 13(B)(1) of the Hindu Marriage Act, 1955 in favour of the Petitioners.

Any other or further order/ relief which this Hon’ble Court deems fit and proper in the facts and circumstances of the case be passed/granted in favor of the petitioners.

PETITIONER NO.1                                  PETITIONER NO.2

THROUGH

____________________                    ________________

ADVOCATE                                    ADVOCATES

________________________            ________________

________________________            ________________

Mob. No. ____________                   Mob. No. ________

VERIFICATION:-

We, the above-named Petitioners do hereby on solemn affirmation verify that the contents of the above petition from para no. 1 to 14 are true to my knowledge and those of para no. 14 to 18 are true on information received and believed to be true, while the last para is a prayer to this Hon’ble court.

Verified at _______ on this  __ day August, 2024.

PETITIONER NO.1                                   PETITIONER NO.2

IN THE COURT OF LD. XXXXXX JUDGE; FAMILY COURTS, DIST. XXXX, XXXXXXX COURTS, DELHI.

H.M.A. PETITION NO. ______ OF 2024.

IN THE MATTER OF: -

MR. XXXXXXXXXXX                    : PETITIONER NO.1

AND

MRS. XXXXXXXXXX                   : PETITIONER NO.2

AFFIDAVIT

Affidavit of Mr. XXXXXXX S/o Sh. _________ aged about 31 years, R/o _____________________________________ and currently at _____________________________-, do hereby solemnly affirm and declare as under:-

1.       That I am the Petitioner No. 1 in the above named matter and am well conversant with the facts of the case and am also competent to swear the present affidavit.

2.       That the marriage of the deponent with the Petitioner No.2 solemnized according to Sikh Rites & Customers, ceremonies held on __/__/__ at ______________________________.

3.       That due to the difference in opinions and temperaments of the Petitioner No. 1 and Petitioner No. 2; I, the deponent, and the Petitioner No. 2 are living separately since November, 2021. Despite the interference of the common friends and relations, the Petitioners hereinafter were not able to reconcile their dispute and now the parties have agreed to dissolve their marriage by obtaining the decree of mutual consent. All efforts to bring reconciliation have failed.

4.       That I undertake to abide by the terms mentioned in the Memorandum of Settlement in its true letter and spirit.

5.       That there is no unnecessary or improper delay in filing this petition.

6.       That there is no legal impediment in granting relief as prayed for in the petition.

7.       That the contents of the annexed petition under Section 13-B(1) of the Hindu Marriage Act, 1955, as amended upto date, have been drafted by my counsel as per my instructions and the contents of the same have been duly read and understood by me and after fully understanding the contents of the same, I hereby state that the facts stated therein are all true and correct to my knowledge.

8.       The facts stated therein may kindly be read as part and parcel of the present affidavit also as the contents of the same have not been reproduced herein for the sake of brevity.

DEPONENT

VERIFICATION:-

I, the above-named deponent on solemn affirmation verify that the contents of the above affidavit from paras no.1 to 8 are true to my knowledge, no part of it is false and nothing is concealed therefrom.

Verified at _______ on ___ this day of August, 2024.

DEPONENT

IN THE COURT OF LD. XXXXXX JUDGE; FAMILY COURTS, DIST. XXXX, XXXXXXX COURTS, DELHI.

H.M.A. PETITION NO. ______ OF 2024.

IN THE MATTER OF: -

MR. XXXXXXXX                            : PETITIONER NO.1

AND

MRS. XXXXXXX                            : PETITIONER NO.2

AFFIDAVIT

Affidavit of Mrs. XXXXXXX, D/o ________, aged about 30 years, R/o ______________, do hereby solemnly affirm and declare as under:-

1.       That I am the Petitioner No. 2 in the abovenamed matter and am well conversant with the facts of the case and am also competent to swear the present affidavit.

2.       That the marriage of the deponent with the Petitioner No.1 solemnized according to Sikh Rites & Customers, ceremonies held on __/__/__ at ___________________.

3.       That due to the difference in opinions and temperaments of the Petitioner no.1 and Petitioner no.2; I, the deponent, and the Petitioner no. 1 are living separately since November, 2021. Despite the interference of the common friends and relations, the Petitioners hereinafter were not able to reconcile their dispute and now the parties have agreed to dissolve their marriage by obtaining the decree of mutual consent. All efforts to bring reconciliation have failed.

4.       That I undertake to abide by the terms mentioned in the Memorandum of Settlement in its true letter and spirit.

5.       That there is no unnecessary or improper delay in filing this petition.

6.       That there is no legal impediment in granting relief as prayed for in the petition.

7.       That the contents of the annexed petition under Section 13-B(1) of the Hindu Marriage Act, 1955, as amended upto date, have been drafted by my counsel as per my instructions and the contents of the same have been duly read and understood by me and after fully understanding the contents of the same, I hereby state that the facts stated therein are all true and correct to my knowledge.

8.       The facts stated therein may kindly be read as part and parcel of the present affidavit also as the contents of the same have not been reproduced herein for the sake of brevity.

DEPONENT

VERIFICATION:-

I, the above-named deponent on solemn affirmation verify that the contents of the above affidavit from paras no.1 to 8 are true to my knowledge, no part of it is false and nothing is concealed therefrom.

Verified at Delhi on ___ this day of August, 2024.

DEPONENT

IN THE COURT OF LD. XXXXX JUDGE; FAMILY COURTS, DIST. XXX, XXXXXXXX COURTS, DELHI.

H.M.A. PETITION NO. ______ OF 2024.

IN THE MATTER OF: -

MR. XXXXXX                                   : PETITIONER NO.1

AND

MRS. XXXXX                                  : PETITIONER NO.2

AFFIDAVIT-CUM-UNDERTAKING TO ABIDE WITH THE SETTLEMENT, IN VIEW OF THE MATTER OF “SH. XXXXXXX VERSUS XXXXXX” JUDGMENT PASSED BY THE HON’BLE HIGH COURT OF DELHI DATED __/__/__.

Affidavit of MrXXXXX S/o Sh. _________ aged about 31 years, R/o _____________ and currently ____________________, do hereby solemnly affirm and declare as under:-

1.                 That I am petitioner no.1 (husband) in the present petition and as such am well conversant with the facts and circumstances of the case as such competent to swear this affidavit.

2.                 That the deponent got married to the Petitioner no.2 on __/__/__ at _____________________________according to Sikh Rites and Customs.

3.                 That after the marriage both the parties to this petition started living together as a husband and wife, and the parties have resided together till November 2021 with each other, however, no child was born out of the said wedlock.

4.                 That due to the difference in opinions and temperaments of the Petitioner no.1 and Petitioner no.2; I, the deponent, and the Petitioner no. 2 are living separately since November, 2021. Despite the interference of the common friends and relations, the Petitioners hereinafter were not able to reconcile their dispute and now the parties have agreed to dissolve their marriage by obtaining the decree of mutual consent. All efforts to bring reconciliation have failed.

5.                 That Petitioner No. 2 and I have already settled all the claims regarding the stridhan/ maintenance/belongings/ articles with each other by way of Memorandum of Settlement and I shall not file any fresh or separate claim petition or any other complaint or any other proceedings against Petitioner No. 2 qua the matrimonial disputes. The matter has been settled between the Petitioner No. 2 and me in accordance with Memorandum of Settlement, and under the following terms:-

                          i.            It has been agreed between the parties that the Petitioner no. 1 shall not claim towards stridhan, dowry articles, past, present and future alimony and maintenance, etc. from each other. I and my family members shall raise no claim regarding the marriage whatsoever against Petitioner No. 2 and her family members.

                       ii.            That I undertake that I shall not file any type of case either matrimonial, civil or criminal regarding Jewelry, dowry, stridhan, maintenance (present, past and future), permanent alimony or any other claim, in court of law/police authorities against the Petitioner No. 2, her family members or other relations in future regarding their matrimonial disputes, either in India or abroad. I also undertake that I shall not have any right, claim/interest in the moveable and immoveable properties i.e. either self-acquired or inherited, of the Petitioner No. 2 or any of her family member and relations, in their respective businesses and service benefits besides an undertaking that no party shall interfere in the personal as well as professional life of the other party.

                     iii.            That after granting the decree of divorce by the concerned matrimonial court, both the Petitioners undertake not to file any type of case i.e. civil, criminal or matrimonial, against each other, their parents and relations, in any court of law or authorities or Police Stations in any manner whatsoever except on account of breach of the aforesaid Memorandum of Settlement.

6.                 That it has been assured by both the parties that none of them have and shall raise any claim/s in respect of any movable and/or immovable properties, goods and assets of each other or their respective parents/family members.

7.                 That as the parties hereto do not have any grievance left against each other, therefore, in view of the same, they have further undertaken that they shall not any allegations against each other or each other’s parents/relatives or cause to act in a manner so as to harm the reputation and image of the other, in the family or the society at large.

8.                 That the parties to the petition have taken a decision to break their matrimonial ties keeping in view the further welfare and better prospects of themselves.

9.                 That it is agreed between the parties that for breach of undertaking given to the concerned court or willful/deliberate violation of the consent order/decree, the defaulting party will be liable to be punished for contempt of court.

10.            That the petitioners are fully satisfied with the present arrangement and as such they will not file any claim of any nature whatsoever in future including claim for maintenance, permanent alimony etc. against each other or their respective family members.

11.            That if either of the petitioners has filed any complaint which is not in knowledge of either of the petitioners in any court of law, police or any other authority either in New Delhi of any in part of India then it shall deemed to be considered as compromised and withdrawn and shall not have any legal effects.

12.            That in case of any breach / violation / willful / deliberate disobedience of the terms of the Memorandum of Settlement, I shall be liable to be punished for contempt of court.

13.            I undertake to abide by the stipulation as contained in the judgment dated __/__/__ passed by the Hon’ble High Court of Delhi in the matter of “XXXXX Vs XXXXX” in Cont. Case XXXXXX.

14.            I say that the above petition is not presented in collusion with petitioner No.2.

15.            I say that the consent for divorce by mutual consent has not been obtained by force, fraud or undue influence.

16.            I say that I have gone through the accompanying petition for dissolution of marriage by decree of divorce by mutual consent under Section 13B (1) of the Hindu marriage Act, 1955 and the contents of the same are correct as per my knowledge and no part of it is false.

17.            I say that the contents of the accompanying petition may be read as part of this affidavit as those are not being repeated herein for the sake of brevity.

18.            That there has not been any unnecessary or improper delay instituting the present petition.

19.            That Petitioner No. 2 is permanent resident of/at ________________________ which is within the jurisdiction of this Hon’ble Court. Hence, this Hon’ble has the jurisdiction to entertain and try this petition.

         DEPONENT

VERIFICATION:

Verified at ________ on this ___ day of August. 2024 on solemn affirmation and state that the contents of my above affidavit are true and correct and nothing material has been concealed therefrom.

                                                         DEPONENT

IN THE COURT OF LD. XXXXX JUDGE; FAMILY COURTS, DIST. XXXX, XXXXXX COURTS, DELHI.

H.M.A. PETITION NO. ______ OF 2024.

IN THE MATTER OF: -

MR. XXXXXX                                   : PETITIONER NO.1

AND

MRS. XXXXX                                   : PETITIONER NO.2

AFFIDAVIT-CUM UNDERTAKING TO ABIDE WITH THE SETTLEMENT, IN VIEW OF THE MATTER OF “SH. XXXXX VERSUS XXXXXX” JUDGMENT PASSED BY THE HON’BLE HIGH COURT OF DELHI DATED __/__/__.

Affidavit of Mrs. XXXXXX, D/o ______, aged about 30 years, R/o ____________, do hereby solemnly affirm and declare as under:-

1.                 That I am Petitioner No. 2 (wife) in the present petition and as such am well conversant with the facts and circumstances of the case as such competent to swear this affidavit.

2.                 That the deponent got married to the Petitioner no. 1 on __/__/__ at ____________________ according to Sikh Rites and Customs.

3.                 That after the marriage both the parties to this petition started living together as a husband and wife, and the parties have resided together till November 2021 with each other, however, no child was born out of the said wedlock.

4.                 That due to the difference in opinions and temperaments of the Petitioner no.1 and Petitioner no.2; I, the deponent, and Petitioner no. 1 are living separately since November, 2021. Despite the interference of the common friends and relations, the Petitioners hereinafter were not able to reconcile their dispute and now the parties have agreed to dissolve their marriage by obtaining the decree of mutual consent. All efforts to bring reconciliation have failed.

5.                 That Petitioner No. 1 and I have already settled all the claims regarding the stridhan/ maintenance /belongings/ articles with each other by way of Memorandum of Settlement, and I shall not file any fresh or separate claim petition or any other complaint or any other proceedings against Petitioner No. 1 qua the matrimonial disputes. The matter has been settled between the Petitioner No. 1 and me in accordance with Memorandum of Settlement, and under the following terms:-

                   i.            It has been agreed between the parties that the Petitioners shall not claim towards stridhan, dowry articles, past, present and future alimony and maintenance, etc. from each other. I and my family members shall raise no claim regarding the marriage whatsoever against the Petitioner No. 1 and his family members.

                 ii.            That I undertake that I shall not file any type of case either matrimonial, civil or criminal regarding Jewelry, dowry, stridhan, maintenance (present, past and future, permanent alimony or any other claim, in court of law/police authorities against the Petitioner No. 1, his family members or other relations in future regarding their matrimonial disputes, either in India or abroad. I also undertake that I shall not have any right, claim/interest in the moveable and immoveable properties i.e. either self-acquired or inherited, of the Petitioner No. 1 or any of his family member and relations, in their respective businesses and service benefits besides an undertaking that no party shall interfere in the personal as well as professional life of the other party.

              iii.            That after granting the decree of divorce by the concerned matrimonial court, both the Petitioners undertake not to file any type of case i.e. civil, criminal or matrimonial, against each other, their parents and relations, in any court of law or authorities or Police Stations in any manner whatsoever except on account of breach of the aforesaid Deed.

6.                 That it has been assured by both the parties that none of them have and shall raise any claim/s in respect of any movable and/or immovable properties, goods and assets of each other or their respective parents/family members.

7.                 That as the parties hereto do not have any grievance left against each other, therefore, in view of the same, they have further undertaken that they shall not any allegations against each other or each other’s parents/relatives or cause to act in a manner so as to harm the reputation and image of the other, in the family or the society at large.

8.                 That the parties to the petition have taken a decision to break their matrimonial ties keeping in view the further welfare and better prospects of themselves.

9.                 That it is agreed between the parties that for breach of undertaking given to the concerned court or willful/deliberate violation of the consent order/decree, the defaulting party will be liable to be punished for contempt of court.

10.             That the petitioners are fully satisfied with the present arrangement and as such they will not file any claim of any nature whatsoever in future including claim for maintenance, permanent alimony etc. against each other or their respective family members.

11.             That if either of the petitioners has filed any complaint which is not in knowledge of either of the petitioners in any court of law, police or any other authority either in New Delhi of any in part of India then it shall deemed to be considered as compromised and withdrawn and shall not have any legal effects.

12.             That in case of any breach/ violation /willful/ deliberate disobedience of the terms of the Memorandum of Settlement, I shall be liable to be punished for contempt of court.

13.             I undertake to abide by the stipulation as contained in the judgment dated __/__/__ passed by the Hon’ble High Court of Delhi in the matter of “XXXXX Vs XXXXXXX” in Cont. Case XXXXXXX.

14.             I say that the above petition is not presented in collusion with Petitioner No.1.

15.             I say that the consent for divorce by mutual consent has not been obtained by force, fraud or undue influence.

16.             I say that I have gone through the accompanying petition for dissolution of marriage by decree of divorce by mutual consent under Section 13B (1) of the Hindu marriage Act, 1955 and the contents of the same are correct as per my knowledge and no part of it is false.

17.             I say that the contents of the accompanying petition may be read as part of this affidavit as those are not being repeated herein for the sake of brevity.

18.             That there has not been any unnecessary or improper delay instituting the present petition.

19.             That I’m permanent resident of/at _______________________ which is within the jurisdiction of this Hon’ble Court. Hence, this Hon’ble has the jurisdiction to entertain and try this petition.

         DEPONENT

VERIFICATION:

Verified at New Delhi on this ___ day of August, 2024 on solemn affirmation and state that the contents of my above affidavit are true and correct and nothing material has been concealed therefrom.

                                                         DEPONENT

MEMORANDUM OF SETTLEMENT

This Memorandum of Settlement (hereinafter to be referred to as the “MOU”) is made and executed on this __^th day of August 2024;

BY

MR. XXXXXXXXXXXX S/o Sh. ________ and permanent resident of ____________________, and currently residing at residing at __________________________ (hereinafter referred to as “First Party”) 

AND BETWEEN

MRS XXXXXX D/o _______________________ (hereinafter referred to as “Second Party”).

The First Party and Second Party are also individually referred to as ‘Party’ and collectively referred to as ‘Parties’.

The expression of both the Parties unless repugnant to the context shall mean and include their successor(s), legal heir(s), representative (s), executor(s), administrator(s) & nominee(s).

WHEREAS the marriage between the First Party and the Second Party was solemnized on __/__/__ at __________________ in accordance with the Sikh Customs, Rites and Ceremonies.

AND WHEREAS shortly after the marriage, the parties could not live together due to the irreconcilable differences which arose between the parties, and starting from November 2021, the First Party and the Second Party are living separately from each other, and have not cohabited since then.

AND WHEREAS out of the said wedlock the Parties have not given birth to any child, hence, there is no child from the said wedding.

AND WHEREAS the family members and the common friends of both the Parties have made all possible efforts to reconcile the disputes and differences between the Parties, however to no success as the same did not yield any result. Hence, the Parties have realized that their marriage has broken down irretrievably and there are no chances of reunion.

AND WHEREAS now, with the intervention of relatives and friends, the Parties have agreed to bring an end to all the differences and disputes between the Parties in order to move forward in life, and hence have decided to dissolve their marriage by a decree of divorce by mutual consent on and subject to the following terms and conditions as more particularly stated hereinafter. 

THIS MEMORANDUM OF UNDERSTANDING THEREFORE WITNESSETH AS UNDER:

SETTLEMENT BETWEEN THE PARTIES:-

1.            Both the Parties hereby agree and undertake that they shall obtain a decree of divorce by way of mutual consent subject to the terms and conditions of the present MOU.

2.            The Parties hereby agree and undertake that the petition qua First Motion (under Section 13-B (1) of Hindu Marriage Act, 1955) seeking a decree of divorce, by way of mutual consent (in accordance with the terms and conditions of this MOU). Both the Parties hereby agree and undertake to cooperate with each other qua the purpose of filing of the same before the Hon’ble Court.

3.            The First Party herein undertakes to be virtually present and joined online at the time when the said petition (being the First Motion as well as the Second Motion) is listed before the Hon’ble Court, and herein undertakes to give statement virtually as well as a statement in writing from its place of residence; as, what and whenever may be required by the Hon’ble Court for the purpose of allowing the said divorce petition (being the First Motion as well as the Second Motion) filed by the parties herein.

4.            The Parties hereby agree and further undertake that, subject to the terms and conditions of the present MOU, both the Parties shall, subsequent to the First Motion being decreed/ordered by the Hon’ble Court, shall further file the petition for Second Motion (under Section 13-B (2) of the Hindu Marriage Act, 1955) within a period of 15 working days after the expiry of statutory period of 6 (six) months from the date of the order/decree of First Motion, OR, before the expiry of the 6 (six) months with the permission of the Hon'ble Court (as and when and if allowed).

5.            That the First Party and the Second Party have already settled their respective claims in respect of istridhan, permanent alimony (past, present and/or future), maintenance (past, present and/or future) and/or compensation and/or expenses etc. The Parties further agree that neither of them or their families shall raise any claim against the other party of their family.

6.            Subsequent to the signing of the present MOU, both the Parties hereby agree and undertake that they, their family members and/ or relatives shall not initiate any litigation/claim/complaint against each other, resulting out of any issues/disputes/ differences faced by them before the execution of the present MOU, before any court of law/forum/any other lawful authority either in India or abroad except in compliance of and arising out of the present MOU. That any and all complaint(s)/ suit(s)/ petition(s) filed by either of the parties (including the ones not in their knowledge) against their counterpart prior to execution of this MOU shall be treated as withdrawn and settled with effect from the date of execution of this MOU.

7.            That subject to and in addition to the terms and conditions of the present MOU, both the Parties hereby agree and undertake that they shall have no additional claim of whatsoever nature against each other. In view of the present MOU, any and all disputes and differences between the Parties and their families (till the date of the present MOU) stand amicably settled and resolved. That the First Party hereby agrees and undertakes not to file any complaint and/or case against the Second Party and/or her family members after the execution of the present MOU, similarly the Second Party hereby agrees and undertakes not to file any complaint and/or case against the First Party and/or his family members after the execution of the present MOU.

8.            The present MOU shall become effective and enforceable in the eyes of law from the date of its execution and shall remain effective and binding and form part of the Decree of Divorce by Mutual Consent till all the terms and conditions stipulated in the present MOU have been fulfilled in its letter and spirit.

9.            The Parties agree and undertake to honestly, diligently and strictly adhere to the terms of this MOU, and shall not do any act, deed or thing that may negate the terms of this MOU. Any violation of term of present MOU by either party will amount to Contempt of Court and shall be punishable under Contempt of Courts Act, 1971.

10.        Each of the Parties executing this MOU acknowledge and represent that they have read this MOU carefully and in its entirety; and had a full and complete opportunity to review and modify and negotiate the terms of this MOU and that this MOU expresses all of the understandings and agreements between the Parties concerning the subject of this MOU; and that each Party has executed this MOU freely and voluntarily, and without duress or other undue influence, after consulting with their Counsel(s)/Advocate(s). Each of the Parties represent that this MOU, and the promises and obligations set forth herein, forever supersede any of the prior negotiations and discussions between the Parties.

11.        In case of default or breach of any term and condition stipulated above by the First Party or the Second Party, the Parties shall be at liberty to pursue all their legal rights and remedies as per Law.

12.        The Parties hereby agree and undertake that there was no force, fraud, coercion or undue influence on each other at the time of arranging this MOU, at the time of reducing its terms to writing, or at the time of its signing. Further the Parties hereby agree and undertake that they shall abide by the terms of the present MOU in its true spirit.

13.        The Parties agree and undertake that there is no collusion between the Parties.

14.        The Courts in Delhi shall have the exclusive jurisdiction under this agreement.

THE PARTIES HAVE HEREUNTO SIGNED THIS MOU ON THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN.

FIRST Party (___________)                  WITNESS:

SEOND Party (___________)                WITNESS: