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H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
____________________ :
PETITIONER NO.1
AND
_________________ :
PETITIONER NO.2
|
S.NO. |
PARTICULARS |
PAGES |
|
1. |
MEMO
OF PARTIES. |
|
|
2. |
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. |
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3. |
SUPPORTING
AFFIDAVITS OF THE PETITIONERS. |
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4. |
ANNEXURE P-1: COPY OF MARRIAGE PHOTOGRAPH. |
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5. |
ANNEXURE
P-2(COLLY): COPIES OF THE
I.D. PROOFS OF BOTH THE PETITIONERS. |
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6. |
ANNEXURE P-3: COPY OF MOU DATED ______. |
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7. |
AFFIDAVIT – CUM-UNDERTAKING TO ABIDE WITH THE SETTLEMENT, IN VIEW OF
THE MATTER OF “SH. ___________ VERSUS __________” JUDGMENT PASSED BY THE
HON’BLE HIGH COURT OF DELHI DATED ________. OF BOTH THE PETITIONERS |
|
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8. |
VAKALATNAMAS. |
|
PETITIONER NO.1
THROUGH
______________ __________________
ADVOCATE ADVOCATES
_________________, __________________________
Mo:
Mo:
Email: Email:
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
____________________ : PETITIONER NO.1
AND
__________________ : PETITIONER NO.2
MEMO
OF PARTIES
______________
______________, East Delhi-110092. : PETITIONER No.1
A
N D
__________________________,
__________________ :
PETITIONER No.2
_________________ ________________
ADVOCATE ADVOCATES
___________________ ____________________
Mo:___________________
EMAIL: ________________
MOB.
NO. ______________
EMAIL: _________________
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
_________________________. :
PETITIONER No.1
A
N D
____________. :
PETITIONER No.2
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 SHEWETH :-
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. Necessary
affidavits to this effect are filed herewith. Copy of marriage photograph is
annexed herewith as Annexure P-1.
2.
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
|
HUSBAND |
WIFE |
||||
Status
|
Age |
Place of Residence |
Status |
Age |
Place of Residence |
Hindu
Unmarried
|
_____ |
______ Delhi-110092. |
Hindu Unmarried |
____ |
_________, East Delhi-110092. |
AT THE TIME OF FILING OF THIS PETITION
|
HUSBAND |
WIFE |
||||
Status
|
Age |
Place of Residence |
Status |
Age |
Place of Residence |
Hindu
Married
|
_____ |
__________, East Delhi-110092. |
Hindu
Married |
______ |
______ Delhi-110092. |
3.
That the Petitioner no.1 and the Petitioner
no.2 are Hindu by birth and believe in Hindu mythology. Copies of the I.D.
proofs of both the Petitioners are annexed herewith and marked as Annexure
P-2 (Colly) for the kind perusal of this Hon'ble Court.
4.
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 ___________ with each other,
however, no child was born out of the said wedlock.
5.
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 __________.
6.
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.
7.
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.
8.
That the
petitioners have amicably settled all their disputes, differences and claims
against each other in terms of the MOU dated _________. That the contents of the said MOU / Compromise may be read as a part
and parcel of this present petition. Copy of MOU dated ________ is annexed and
marked herewith as Annexure P-3.
9.
That the Petitioner no.2 has settled all her
claims in respect of istridhan, past, present and future maintenance, permanent
alimony.
10.
That on the date of the execution of the
MOU, both the Petitioners agreed and undertake to sign and file the present First
Motion Petition under Section 13B(1) of the Hindu Marriage Act, 1955, before this
Hon’ble Court seeking divorce. 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. Hence, the present petition.
11.
That it is further agreed between the Petitioners
that the Petitioners jointly file the Second Motion
Petition under Section 13B(2) of the Hindu Marriage Act, 1955, before this
Hon’ble Family Court seeking divorce within a period of 15 (fifteen) 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 allowed).
It is hereby agreed/undertaken by both the Petitioners to jointly file the
application for waiver of statutory period of 6 (six) months in light of the
age of the parties as well as there being no chance of any reconciliation among
the parties, however, in case the Hon’ble Court does not permit to waive of the
statutory period of 6 (six) months, the Petitioner no.2 agrees/undertakes not
to raise any demand qua maintaining, in any manner whatsoever. Both the Petitioners
undertake to cooperate with each other for its presentation of the aforesaid
petition and to make statements before the Hon'ble Court for the same.
12.
That the Petitioners shall not withdraw
their consent for obtaining the divorce by mutual consent till they obtain the
divorce by mutual consent and both the Petitioners have surrendered their
rights to withdraw their consent for obtaining the divorce by mutual consent.
13.
That after obtaining the divorce by mutual
consent, both the Petitioners undertake that they will not interfere in future
life of each other and their respective family members, relatives and friends
and shall not claim any interest in the moveable and immovable properties,
business of both the Petitioners and their family members and both the Petitioners
shall not make any kind of correspondence, complaints, etc. with any family
member, relative or friend of either of the Petitioners, against each other before any other authority and police
authority and court of law in India. It is categorically understood that both
the Petitioners and their family members shall refrain from contacting or
communicating with the other party, their relatives and friends, including
social media sites.
14.
That it is further agreed between both the Petitioners
that they shall be bound to uphold their respective obligations in the MOU dated
______ and the
party resiling from the MOU shall be liable to proceedings under The Contempt
of Courts Act, 1971.
15.
That it is agreed that both the parties
undertake to remain bound by the terms of settlement.
16.
That the parties to present petition have further undertaken
that they shall not level any allegations against each other or against the
family members of each other or cause to act in a manner so as to harm the
reputation and image of the other party to present petition and their relatives
in the society at large.
17.
That there is no legal impediment for which the relief sought
for can be denied to the petitioners. It is further submitted no other
efficacious remedy is available with the parties for dissolution of the
marriage except the by way of the present petition.
18.
That the present petition has been filed by both the parties
with their consent before Hon'ble Court.
19.
That there is no unreasonable or improper delay in filing
this petition.
20.
That there is no impediment in granting the relief as prayed
for in the petition.
21.
That no such petition between the Petitioners is pending
before any other court of law except the present one.
22.
That the Petitioner No.2 is residing at _____________ which is within
the jurisdiction of this Hon’ble Court. Hence, this Hon’ble has got
jurisdiction to entertain and try this petition.
23.
That the appropriate court fees for the purpose of court fee
and jurisdiction has been affixed herein.
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.
_______________ ________________
ADVOCATE ADVOCATES
_____________________________
MOB. NO. +___________
NEW
DELHI-110017. EMAIL: _____________
MOB.
NO. __________
EMAIL: ________________
VERIFICATION:-
We, the above-named
Petitioners do hereby on solemn affirmation verify that the contents of the
above petition from para no. 1 to …..are true to my knowledge and those of para
no. …..to …. are true on information received and believed to be true, while
the last para is a prayer to this Hon’ble court.
Verified at Delhi on this __ day January, 2024.
PETITIONER NO.1 PETITIONER NO.2
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
_____________________________ : PETITIONER NO.1
AND
______________________ : PETITIONER NO.2
Affidavit of Mr. ______________ S/o Sh. _________ aged about
_______years, R/o ___________, East Delhi-110092, 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 ________, New Delhi-110064.
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 ________. Despite the interference of the common friends and
relations, the Petitioners hereinafter were not be able to reconcile their
dispute and the parties have agreed to dissolve their marriage by obtaining the
decree of mutual consent. All efforts to bring reconciliation have been failed.
4. That I undertake to abide by the terms
mentioned in the MOU / Compromised Deed dated ______ 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 the 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 verifies 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 ___,
January, 2024.
DEPONENT
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
__________________ : PETITIONER NO.1
AND
______________ : PETITIONER NO.2
AFFIDAVIT
Affidavit
of Mrs. ___________, D/o Sh. ____________, East
Delhi-110092, 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 _____________-II, New Delhi-110064.
3. That
the deponent is residing separately on __________________ due to some temperamental differences.
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. 1are living separately since _________. Despite the interference of the common friends and
relations, the Petitioners hereinafter were not be able to reconcile their
dispute and the parties have agreed to dissolve their marriage by obtaining the
decree of mutual consent. All efforts to bring reconciliation have been failed.
4. That I undertake to abide by the terms
mentioned in the MOU/Compromise Deed dated __________ 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 the 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 verifies 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 ____, January, 2024.
DEPONENT
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
_________________________ :
PETITIONER NO.1
AND
_______________________ : PETITIONER NO.2
AFFIDAVIT-CUM-UNDERTAKING
TO ABIDE WITH THE SETTLEMENT, IN VIEW OF THE MATTER OF “SH. ____________”
JUDGMENT PASSED BY THE HON’BLE HIGH COURT OF DELHI DATED ___________.
Affidavit
of Mr. __________ S/o Sh. ______ aged about ___ years, R/o __________, East
Delhi-110092, 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 _________,
New Delhi-110064 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 __________
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 __________. Despite the interference of the common
friends and relations, the Petitioners hereinafter were not be able to
reconcile their dispute and the parties have agreed to dissolve their marriage
by obtaining the decree of mutual consent. All efforts to bring reconciliation
have been 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 MOU / Compromise Deed dated ________
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 MOU / Compromise Deed dated ________ 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 except as mentioned in
the MOU dated __________. I and my
family members shall raise no claim regarding the marriage whatsoever against
the Petitioner No. 2 and her family members.
ii.
That after obtaining the Divorce by mutual
consent from the matrimonial court and after fulfillment of terms of MOU dated _________, 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 MOU/Compromise
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 deem 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 MOU dated _______, breach, violation
of any of the terms of the MOU dated _________, 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 “________” in Cont. Case (C) _____.
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 the Petitioner No.2 (wife) is residing at _________________ which is within
the jurisdiction of this Hon’ble Court. Hence, this Hon’ble has got
jurisdiction to entertain and try this petition.
DEPONENT
VERIFICATION:
Verified at New Delhi on this ___ day of January, 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
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
_________________________ : PETITIONER NO.1
AND
_____________________ : PETITIONER NO.2
AFFIDAVIT-CUM
UNDERTAKING TO ABIDE WITH THE SETTLEMENT, IN VIEW OF THE MATTER OF “____________”
JUDGMENT PASSED BY THE HON’BLE HIGH COURT OF DELHI DATED __________
Affidavit
of Mrs. ___________, aged about _____ years, R/o ___________,
East Delhi-110092, 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 ______________
Phase-II, New Delhi-110064 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 __________
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. 1 are living separately since __________. Despite the interference of the common
friends and relations, the Petitioners hereinafter were not be able to
reconcile their dispute and the parties have agreed to dissolve their marriage
by obtaining the decree of mutual consent. All efforts to bring reconciliation
have been 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 MOU / Compromise dated ________ 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 MOU dated
_____ 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 except as mentioned in
the MOU dated _______. I and my
family members shall raise no claim regarding the marriage whatsoever against
the Petitioner No. 1 and his family members.
ii.
That after obtaining the Divorce by mutual
consent from the matrimonial court and after fulfillment of terms of MOU dated ______, 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 deem 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 MOU dated ______, breach, violation of any of the
terms of the MOU dated ________, 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 15.05.2018 passed by the Hon’ble High Court
of Delhi in the matter of “Rajat Gupta Vs Rupali Gupta” in Cont. Case (C)
772/2013.
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 the I am residing at _________ which is within the
jurisdiction of this Hon’ble Court. Hence, this Hon’ble has got jurisdiction to
entertain and try this petition.
DEPONENT
VERIFICATION:
Verified at New Delhi on this ___ day of January, 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
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
____________________ :
PETITIONER NO.1
AND
_________________ :
PETITIONER NO.2
|
S.NO. |
PARTICULARS |
PAGES |
|
1. |
MEMO
OF PARTIES. |
|
|
2. |
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. |
|
|
3. |
SUPPORTING
AFFIDAVITS OF THE PETITIONERS. |
|
|
4. |
ANNEXURE P-1: COPY OF MARRIAGE PHOTOGRAPH. |
|
|
5. |
ANNEXURE
P-2(COLLY): COPIES OF THE
I.D. PROOFS OF BOTH THE PETITIONERS. |
|
|
6. |
ANNEXURE P-3: COPY OF MOU DATED ______. |
|
|
7. |
AFFIDAVIT – CUM-UNDERTAKING TO ABIDE WITH THE SETTLEMENT, IN VIEW OF
THE MATTER OF “SH. ___________ VERSUS __________” JUDGMENT PASSED BY THE
HON’BLE HIGH COURT OF DELHI DATED ________. OF BOTH THE PETITIONERS |
|
|
8. |
VAKALATNAMAS. |
|
PETITIONER NO.1
THROUGH
______________ __________________
ADVOCATE ADVOCATES
_________________, __________________________
Mo:
Mo:
Email: Email:
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
____________________ : PETITIONER NO.1
AND
__________________ : PETITIONER NO.2
MEMO
OF PARTIES
______________
______________, East Delhi-110092. : PETITIONER No.1
A
N D
__________________________,
__________________ :
PETITIONER No.2
_________________ ________________
ADVOCATE ADVOCATES
___________________ ____________________
Mo:___________________
EMAIL: ________________
MOB.
NO. ______________
EMAIL: _________________
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
_________________________. :
PETITIONER No.1
A
N D
____________. :
PETITIONER No.2
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 SHEWETH :-
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. Necessary
affidavits to this effect are filed herewith. Copy of marriage photograph is
annexed herewith as Annexure P-1.
2.
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
|
HUSBAND |
WIFE |
||||
Status
|
Age |
Place of Residence |
Status |
Age |
Place of Residence |
Hindu
Unmarried
|
_____ |
______ Delhi-110092. |
Hindu Unmarried |
____ |
_________, East Delhi-110092. |
AT THE TIME OF FILING OF THIS PETITION
|
HUSBAND |
WIFE |
||||
Status
|
Age |
Place of Residence |
Status |
Age |
Place of Residence |
Hindu
Married
|
_____ |
__________, East Delhi-110092. |
Hindu
Married |
______ |
______ Delhi-110092. |
3.
That the Petitioner no.1 and the Petitioner
no.2 are Hindu by birth and believe in Hindu mythology. Copies of the I.D.
proofs of both the Petitioners are annexed herewith and marked as Annexure
P-2 (Colly) for the kind perusal of this Hon'ble Court.
4.
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 ___________ with each other,
however, no child was born out of the said wedlock.
5.
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 __________.
6.
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.
7.
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.
8.
That the
petitioners have amicably settled all their disputes, differences and claims
against each other in terms of the MOU dated _________. That the contents of the said MOU / Compromise may be read as a part
and parcel of this present petition. Copy of MOU dated ________ is annexed and
marked herewith as Annexure P-3.
9.
That the Petitioner no.2 has settled all her
claims in respect of istridhan, past, present and future maintenance, permanent
alimony.
10.
That on the date of the execution of the
MOU, both the Petitioners agreed and undertake to sign and file the present First
Motion Petition under Section 13B(1) of the Hindu Marriage Act, 1955, before this
Hon’ble Court seeking divorce. 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. Hence, the present petition.
11.
That it is further agreed between the Petitioners
that the Petitioners jointly file the Second Motion
Petition under Section 13B(2) of the Hindu Marriage Act, 1955, before this
Hon’ble Family Court seeking divorce within a period of 15 (fifteen) 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 allowed).
It is hereby agreed/undertaken by both the Petitioners to jointly file the
application for waiver of statutory period of 6 (six) months in light of the
age of the parties as well as there being no chance of any reconciliation among
the parties, however, in case the Hon’ble Court does not permit to waive of the
statutory period of 6 (six) months, the Petitioner no.2 agrees/undertakes not
to raise any demand qua maintaining, in any manner whatsoever. Both the Petitioners
undertake to cooperate with each other for its presentation of the aforesaid
petition and to make statements before the Hon'ble Court for the same.
12.
That the Petitioners shall not withdraw
their consent for obtaining the divorce by mutual consent till they obtain the
divorce by mutual consent and both the Petitioners have surrendered their
rights to withdraw their consent for obtaining the divorce by mutual consent.
13.
That after obtaining the divorce by mutual
consent, both the Petitioners undertake that they will not interfere in future
life of each other and their respective family members, relatives and friends
and shall not claim any interest in the moveable and immovable properties,
business of both the Petitioners and their family members and both the Petitioners
shall not make any kind of correspondence, complaints, etc. with any family
member, relative or friend of either of the Petitioners, against each other before any other authority and police
authority and court of law in India. It is categorically understood that both
the Petitioners and their family members shall refrain from contacting or
communicating with the other party, their relatives and friends, including
social media sites.
14.
That it is further agreed between both the Petitioners
that they shall be bound to uphold their respective obligations in the MOU dated
______ and the
party resiling from the MOU shall be liable to proceedings under The Contempt
of Courts Act, 1971.
15.
That it is agreed that both the parties
undertake to remain bound by the terms of settlement.
16.
That the parties to present petition have further undertaken
that they shall not level any allegations against each other or against the
family members of each other or cause to act in a manner so as to harm the
reputation and image of the other party to present petition and their relatives
in the society at large.
17.
That there is no legal impediment for which the relief sought
for can be denied to the petitioners. It is further submitted no other
efficacious remedy is available with the parties for dissolution of the
marriage except the by way of the present petition.
18.
That the present petition has been filed by both the parties
with their consent before Hon'ble Court.
19.
That there is no unreasonable or improper delay in filing
this petition.
20.
That there is no impediment in granting the relief as prayed
for in the petition.
21.
That no such petition between the Petitioners is pending
before any other court of law except the present one.
22.
That the Petitioner No.2 is residing at _____________ which is within
the jurisdiction of this Hon’ble Court. Hence, this Hon’ble has got
jurisdiction to entertain and try this petition.
23.
That the appropriate court fees for the purpose of court fee
and jurisdiction has been affixed herein.
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.
_______________ ________________
ADVOCATE ADVOCATES
_____________________________
MOB. NO. +___________
NEW
DELHI-110017. EMAIL: _____________
MOB.
NO. __________
EMAIL: ________________
VERIFICATION:-
We, the above-named
Petitioners do hereby on solemn affirmation verify that the contents of the
above petition from para no. 1 to …..are true to my knowledge and those of para
no. …..to …. are true on information received and believed to be true, while
the last para is a prayer to this Hon’ble court.
Verified at Delhi on this __ day January, 2024.
PETITIONER NO.1 PETITIONER NO.2
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
_____________________________ : PETITIONER NO.1
AND
______________________ : PETITIONER NO.2
Affidavit of Mr. ______________ S/o Sh. _________ aged about
_______years, R/o ___________, East Delhi-110092, 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 ________, New Delhi-110064.
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 ________. Despite the interference of the common friends and
relations, the Petitioners hereinafter were not be able to reconcile their
dispute and the parties have agreed to dissolve their marriage by obtaining the
decree of mutual consent. All efforts to bring reconciliation have been failed.
4. That I undertake to abide by the terms
mentioned in the MOU / Compromised Deed dated ______ 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 the 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 verifies 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 ___,
January, 2024.
DEPONENT
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
__________________ : PETITIONER NO.1
AND
______________ : PETITIONER NO.2
AFFIDAVIT
Affidavit
of Mrs. ___________, D/o Sh. ____________, East
Delhi-110092, 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 _____________-II, New Delhi-110064.
3. That
the deponent is residing separately on __________________ due to some temperamental differences.
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. 1are living separately since _________. Despite the interference of the common friends and
relations, the Petitioners hereinafter were not be able to reconcile their
dispute and the parties have agreed to dissolve their marriage by obtaining the
decree of mutual consent. All efforts to bring reconciliation have been failed.
4. That I undertake to abide by the terms
mentioned in the MOU/Compromise Deed dated __________ 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 the 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 verifies 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 ____, January, 2024.
DEPONENT
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
_________________________ :
PETITIONER NO.1
AND
_______________________ : PETITIONER NO.2
AFFIDAVIT-CUM-UNDERTAKING
TO ABIDE WITH THE SETTLEMENT, IN VIEW OF THE MATTER OF “SH. ____________”
JUDGMENT PASSED BY THE HON’BLE HIGH COURT OF DELHI DATED ___________.
Affidavit
of Mr. __________ S/o Sh. ______ aged about ___ years, R/o __________, East
Delhi-110092, 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 _________,
New Delhi-110064 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 __________
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 __________. Despite the interference of the common
friends and relations, the Petitioners hereinafter were not be able to
reconcile their dispute and the parties have agreed to dissolve their marriage
by obtaining the decree of mutual consent. All efforts to bring reconciliation
have been 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 MOU / Compromise Deed dated ________
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 MOU / Compromise Deed dated ________ 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 except as mentioned in
the MOU dated __________. I and my
family members shall raise no claim regarding the marriage whatsoever against
the Petitioner No. 2 and her family members.
ii.
That after obtaining the Divorce by mutual
consent from the matrimonial court and after fulfillment of terms of MOU dated _________, 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 MOU/Compromise
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 deem 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 MOU dated _______, breach, violation
of any of the terms of the MOU dated _________, 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 “________” in Cont. Case (C) _____.
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 the Petitioner No.2 (wife) is residing at _________________ which is within
the jurisdiction of this Hon’ble Court. Hence, this Hon’ble has got
jurisdiction to entertain and try this petition.
DEPONENT
VERIFICATION:
Verified at New Delhi on this ___ day of January, 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
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
_________________________ : PETITIONER NO.1
AND
_____________________ : PETITIONER NO.2
AFFIDAVIT-CUM
UNDERTAKING TO ABIDE WITH THE SETTLEMENT, IN VIEW OF THE MATTER OF “____________”
JUDGMENT PASSED BY THE HON’BLE HIGH COURT OF DELHI DATED __________
Affidavit
of Mrs. ___________, aged about _____ years, R/o ___________,
East Delhi-110092, 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 ______________
Phase-II, New Delhi-110064 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 __________
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. 1 are living separately since __________. Despite the interference of the common
friends and relations, the Petitioners hereinafter were not be able to
reconcile their dispute and the parties have agreed to dissolve their marriage
by obtaining the decree of mutual consent. All efforts to bring reconciliation
have been 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 MOU / Compromise dated ________ 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 MOU dated
_____ 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 except as mentioned in
the MOU dated _______. I and my
family members shall raise no claim regarding the marriage whatsoever against
the Petitioner No. 1 and his family members.
ii.
That after obtaining the Divorce by mutual
consent from the matrimonial court and after fulfillment of terms of MOU dated ______, 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 deem 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 MOU dated ______, breach, violation of any of the
terms of the MOU dated ________, 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 15.05.2018 passed by the Hon’ble High Court
of Delhi in the matter of “Rajat Gupta Vs Rupali Gupta” in Cont. Case (C)
772/2013.
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 the I am residing at _________ which is within the
jurisdiction of this Hon’ble Court. Hence, this Hon’ble has got jurisdiction to
entertain and try this petition.
DEPONENT
VERIFICATION:
Verified at New Delhi on this ___ day of January, 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
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
____________________ :
PETITIONER NO.1
AND
_________________ :
PETITIONER NO.2
|
S.NO. |
PARTICULARS |
PAGES |
|
1. |
MEMO
OF PARTIES. |
|
|
2. |
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. |
|
|
3. |
SUPPORTING
AFFIDAVITS OF THE PETITIONERS. |
|
|
4. |
ANNEXURE P-1: COPY OF MARRIAGE PHOTOGRAPH. |
|
|
5. |
ANNEXURE
P-2(COLLY): COPIES OF THE
I.D. PROOFS OF BOTH THE PETITIONERS. |
|
|
6. |
ANNEXURE P-3: COPY OF MOU DATED ______. |
|
|
7. |
AFFIDAVIT – CUM-UNDERTAKING TO ABIDE WITH THE SETTLEMENT, IN VIEW OF
THE MATTER OF “SH. ___________ VERSUS __________” JUDGMENT PASSED BY THE
HON’BLE HIGH COURT OF DELHI DATED ________. OF BOTH THE PETITIONERS |
|
|
8. |
VAKALATNAMAS. |
|
PETITIONER NO.1
THROUGH
______________ __________________
ADVOCATE ADVOCATES
_________________, __________________________
Mo:
Mo:
Email: Email:
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
____________________ : PETITIONER NO.1
AND
__________________ : PETITIONER NO.2
MEMO
OF PARTIES
______________
______________, East Delhi-110092. : PETITIONER No.1
A
N D
__________________________,
__________________ :
PETITIONER No.2
_________________ ________________
ADVOCATE ADVOCATES
___________________ ____________________
Mo:___________________
EMAIL: ________________
MOB.
NO. ______________
EMAIL: _________________
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
_________________________. :
PETITIONER No.1
A
N D
____________. :
PETITIONER No.2
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 SHEWETH :-
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. Necessary
affidavits to this effect are filed herewith. Copy of marriage photograph is
annexed herewith as Annexure P-1.
2.
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
|
HUSBAND |
WIFE |
||||
Status
|
Age |
Place of Residence |
Status |
Age |
Place of Residence |
Hindu
Unmarried
|
_____ |
______ Delhi-110092. |
Hindu Unmarried |
____ |
_________, East Delhi-110092. |
AT THE TIME OF FILING OF THIS PETITION
|
HUSBAND |
WIFE |
||||
Status
|
Age |
Place of Residence |
Status |
Age |
Place of Residence |
Hindu
Married
|
_____ |
__________, East Delhi-110092. |
Hindu
Married |
______ |
______ Delhi-110092. |
3.
That the Petitioner no.1 and the Petitioner
no.2 are Hindu by birth and believe in Hindu mythology. Copies of the I.D.
proofs of both the Petitioners are annexed herewith and marked as Annexure
P-2 (Colly) for the kind perusal of this Hon'ble Court.
4.
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 ___________ with each other,
however, no child was born out of the said wedlock.
5.
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 __________.
6.
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.
7.
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.
8.
That the
petitioners have amicably settled all their disputes, differences and claims
against each other in terms of the MOU dated _________. That the contents of the said MOU / Compromise may be read as a part
and parcel of this present petition. Copy of MOU dated ________ is annexed and
marked herewith as Annexure P-3.
9.
That the Petitioner no.2 has settled all her
claims in respect of istridhan, past, present and future maintenance, permanent
alimony.
10.
That on the date of the execution of the
MOU, both the Petitioners agreed and undertake to sign and file the present First
Motion Petition under Section 13B(1) of the Hindu Marriage Act, 1955, before this
Hon’ble Court seeking divorce. 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. Hence, the present petition.
11.
That it is further agreed between the Petitioners
that the Petitioners jointly file the Second Motion
Petition under Section 13B(2) of the Hindu Marriage Act, 1955, before this
Hon’ble Family Court seeking divorce within a period of 15 (fifteen) 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 allowed).
It is hereby agreed/undertaken by both the Petitioners to jointly file the
application for waiver of statutory period of 6 (six) months in light of the
age of the parties as well as there being no chance of any reconciliation among
the parties, however, in case the Hon’ble Court does not permit to waive of the
statutory period of 6 (six) months, the Petitioner no.2 agrees/undertakes not
to raise any demand qua maintaining, in any manner whatsoever. Both the Petitioners
undertake to cooperate with each other for its presentation of the aforesaid
petition and to make statements before the Hon'ble Court for the same.
12.
That the Petitioners shall not withdraw
their consent for obtaining the divorce by mutual consent till they obtain the
divorce by mutual consent and both the Petitioners have surrendered their
rights to withdraw their consent for obtaining the divorce by mutual consent.
13.
That after obtaining the divorce by mutual
consent, both the Petitioners undertake that they will not interfere in future
life of each other and their respective family members, relatives and friends
and shall not claim any interest in the moveable and immovable properties,
business of both the Petitioners and their family members and both the Petitioners
shall not make any kind of correspondence, complaints, etc. with any family
member, relative or friend of either of the Petitioners, against each other before any other authority and police
authority and court of law in India. It is categorically understood that both
the Petitioners and their family members shall refrain from contacting or
communicating with the other party, their relatives and friends, including
social media sites.
14.
That it is further agreed between both the Petitioners
that they shall be bound to uphold their respective obligations in the MOU dated
______ and the
party resiling from the MOU shall be liable to proceedings under The Contempt
of Courts Act, 1971.
15.
That it is agreed that both the parties
undertake to remain bound by the terms of settlement.
16.
That the parties to present petition have further undertaken
that they shall not level any allegations against each other or against the
family members of each other or cause to act in a manner so as to harm the
reputation and image of the other party to present petition and their relatives
in the society at large.
17.
That there is no legal impediment for which the relief sought
for can be denied to the petitioners. It is further submitted no other
efficacious remedy is available with the parties for dissolution of the
marriage except the by way of the present petition.
18.
That the present petition has been filed by both the parties
with their consent before Hon'ble Court.
19.
That there is no unreasonable or improper delay in filing
this petition.
20.
That there is no impediment in granting the relief as prayed
for in the petition.
21.
That no such petition between the Petitioners is pending
before any other court of law except the present one.
22.
That the Petitioner No.2 is residing at _____________ which is within
the jurisdiction of this Hon’ble Court. Hence, this Hon’ble has got
jurisdiction to entertain and try this petition.
23.
That the appropriate court fees for the purpose of court fee
and jurisdiction has been affixed herein.
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.
_______________ ________________
ADVOCATE ADVOCATES
_____________________________
MOB. NO. +___________
NEW
DELHI-110017. EMAIL: _____________
MOB.
NO. __________
EMAIL: ________________
VERIFICATION:-
We, the above-named
Petitioners do hereby on solemn affirmation verify that the contents of the
above petition from para no. 1 to …..are true to my knowledge and those of para
no. …..to …. are true on information received and believed to be true, while
the last para is a prayer to this Hon’ble court.
Verified at Delhi on this __ day January, 2024.
PETITIONER NO.1 PETITIONER NO.2
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
_____________________________ : PETITIONER NO.1
AND
______________________ : PETITIONER NO.2
Affidavit of Mr. ______________ S/o Sh. _________ aged about
_______years, R/o ___________, East Delhi-110092, 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 ________, New Delhi-110064.
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 ________. Despite the interference of the common friends and
relations, the Petitioners hereinafter were not be able to reconcile their
dispute and the parties have agreed to dissolve their marriage by obtaining the
decree of mutual consent. All efforts to bring reconciliation have been failed.
4. That I undertake to abide by the terms
mentioned in the MOU / Compromised Deed dated ______ 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 the 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 verifies 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 ___,
January, 2024.
DEPONENT
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
__________________ : PETITIONER NO.1
AND
______________ : PETITIONER NO.2
AFFIDAVIT
Affidavit
of Mrs. ___________, D/o Sh. ____________, East
Delhi-110092, 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 _____________-II, New Delhi-110064.
3. That
the deponent is residing separately on __________________ due to some temperamental differences.
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. 1are living separately since _________. Despite the interference of the common friends and
relations, the Petitioners hereinafter were not be able to reconcile their
dispute and the parties have agreed to dissolve their marriage by obtaining the
decree of mutual consent. All efforts to bring reconciliation have been failed.
4. That I undertake to abide by the terms
mentioned in the MOU/Compromise Deed dated __________ 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 the 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 verifies 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 ____, January, 2024.
DEPONENT
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
_________________________ :
PETITIONER NO.1
AND
_______________________ : PETITIONER NO.2
AFFIDAVIT-CUM-UNDERTAKING
TO ABIDE WITH THE SETTLEMENT, IN VIEW OF THE MATTER OF “SH. ____________”
JUDGMENT PASSED BY THE HON’BLE HIGH COURT OF DELHI DATED ___________.
Affidavit
of Mr. __________ S/o Sh. ______ aged about ___ years, R/o __________, East
Delhi-110092, 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 _________,
New Delhi-110064 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 __________
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 __________. Despite the interference of the common
friends and relations, the Petitioners hereinafter were not be able to
reconcile their dispute and the parties have agreed to dissolve their marriage
by obtaining the decree of mutual consent. All efforts to bring reconciliation
have been 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 MOU / Compromise Deed dated ________
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 MOU / Compromise Deed dated ________ 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 except as mentioned in
the MOU dated __________. I and my
family members shall raise no claim regarding the marriage whatsoever against
the Petitioner No. 2 and her family members.
ii.
That after obtaining the Divorce by mutual
consent from the matrimonial court and after fulfillment of terms of MOU dated _________, 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 MOU/Compromise
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 deem 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 MOU dated _______, breach, violation
of any of the terms of the MOU dated _________, 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 “________” in Cont. Case (C) _____.
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 the Petitioner No.2 (wife) is residing at _________________ which is within
the jurisdiction of this Hon’ble Court. Hence, this Hon’ble has got
jurisdiction to entertain and try this petition.
DEPONENT
VERIFICATION:
Verified at New Delhi on this ___ day of January, 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
H.M.A PETITION NO. _______ OF 2024.
IN THE MATTER OF: -
_________________________ : PETITIONER NO.1
AND
_____________________ : PETITIONER NO.2
AFFIDAVIT-CUM
UNDERTAKING TO ABIDE WITH THE SETTLEMENT, IN VIEW OF THE MATTER OF “____________”
JUDGMENT PASSED BY THE HON’BLE HIGH COURT OF DELHI DATED __________
Affidavit
of Mrs. ___________, aged about _____ years, R/o ___________,
East Delhi-110092, 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 ______________
Phase-II, New Delhi-110064 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 __________
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. 1 are living separately since __________. Despite the interference of the common
friends and relations, the Petitioners hereinafter were not be able to
reconcile their dispute and the parties have agreed to dissolve their marriage
by obtaining the decree of mutual consent. All efforts to bring reconciliation
have been 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 MOU / Compromise dated ________ 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 MOU dated
_____ 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 except as mentioned in
the MOU dated _______. I and my
family members shall raise no claim regarding the marriage whatsoever against
the Petitioner No. 1 and his family members.
ii.
That after obtaining the Divorce by mutual
consent from the matrimonial court and after fulfillment of terms of MOU dated ______, 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 deem 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 MOU dated ______, breach, violation of any of the
terms of the MOU dated ________, 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 15.05.2018 passed by the Hon’ble High Court
of Delhi in the matter of “Rajat Gupta Vs Rupali Gupta” in Cont. Case (C)
772/2013.
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 the I am residing at _________ which is within the
jurisdiction of this Hon’ble Court. Hence, this Hon’ble has got jurisdiction to
entertain and try this petition.
DEPONENT
VERIFICATION:
Verified at New Delhi on this ___ day of January, 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
