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IN
THE COURT OF DISTRICT & PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI, DELHI
H.M.A PETITION
No._______/2017.
XXXXX ... Petitioner No.1
XXXXX ... Petitioner No.2
SECOND
MOTION PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY MUTUAL
CONSENT UNDER SECTION 13-B (2) OF THE HINDU MARRIAGE ACT, 1955
First Motion was
allowed by Sh. XXXXX; Ld. Principal Judge; Family Court, Tis Hazari Courts,
Delhi. vide order dated 12.01.2017
MOST RESPECTFULLY SHOWETH :-
1.
That the Petitioner No.1 married with the Petitioner No.2
in accordance with Hindu Rites and ceremony on dated 25.08.2013 at __________
(Marriage photograph in respect of factum of their marriage are enclosed
herewith).
2.
That the status, age and place of residence of the
Petitioner No.1 and the Petitioner No.2 before the marriage and at the time of
filing of the petition were / are as under:-
PETITIONER NO.1
|
WIFE |
STATUS |
AGE |
PLACE OF
RESIDENCE |
|
Before
the marriage |
Hindu
Spinster |
|
……. |
|
At the time
of filing the petition |
Hindu married |
|
…….. |
PETITIONER NO.2
|
HUSBAND |
STATUS |
AGE |
PLACE OF
RESIDENCE |
|
Before
the marriage |
Hindu
Bachelor |
|
……….. |
|
At the time
of filing the petition |
Hindu married |
|
………… |
3.
That after the marriage the petitioners lived as husband
and wife in the matrimonial home at Delhi and marriage was consummated no child
was born out of the said wedlock.
4.
That unfortunately the parties could not get along right
from the inception of the marriage on account of temperamental differences and
the parties have not been able to live together as husband and wife.
5.
That the petitioner no.1 left the matrimonial home on dated
19.10.2013 and the petitioners had been living separately from each other till
date as it was realized by both of them that they had reached a state of
non-reconciliation.
6.
That as already mentioned above since the petitioners have
living separately from each other since 19.10.2013 there have also not been any
chances of any reconciliation nor there has been any possibility and
probability of their ever living together, hence both the parties have decided
to dissolve their marriage by their free Will and Consent.
7. That
the parties to the petition have mutually agreed that their marriage should be
dissolved by mutual consent by a decree of divorce by this Hon’ble Court.
8. That a Settlement / Compromise
executed between the parties before the Counseling Cell, Family Courts, Tis
Hazari, Delhi on 07.12.2016 has amicably settled their disputes.
9. That with the benign intervention of
the friends and relatives and a Settlement/Compromise between the parties
before the Counseling Cell, Family Courts, Tis Hazari, Delhi on 07.12.2016 have
amicably settled their disputes, and have arrived at a compromise on the
following terms and conditions:
A. That the Petitioner No.1 and Petitioner No.2 have agreed
for obtaining a decree of divorce by mutual consent, and will co-operate each
other in the same.
B. That the Petitioner No.2 has agreed to pay a sum of Rs.2,00,000/-
(Rupees Two Lacs Only), towards full and final settlement of all claims of
Petitioner No.1 regarding, permanent
alimony and maintenance of petitioner no.1 (past, present and future), which
the petitioner no.1 has agreed to accept as such.
C. That the settled sum of Rs.2,00,000/-(Rupees Two Lacs Only)
shall be paid by the petitioner no.2 to the petitioner no.1 by way of cash/DD
in three installments, as per the following schedule:
(i) First installment of Rs.75,000/-(Rupees
Seventy Five Thousand Only), had been paid to the petitioner no.2 by the
petitioner no.1 at the time of recording of statement in first motion petition
u/s 13B(1) of HMA vide order dated ……………
(ii) Second installment of Rs.75,000/-(Rupees
Seventy Five Thousand Only), shall be paid at the time of recording of
statement during present second motion petition u/s 13B(2) of HMA.
(iii) Third/Last installment of
Rs.50,000/-(Rupees Fifty Thousand Only), shall be paid at the time of quashing
the FIR before the High Court.
D. That the persuasion of the
mediation settlement dated 07.12.2016, the petitioner no.2 has returned all the
belongings/articles/stridhan of the petitioner no.1. The petitioner no.1 has
withdrawn all complaint/cases pending in the Court after receiving all her
belongings/articles/stridhan.
E. That the petitioner No.1 shall have no right and shall not
claim any right in any of the properties belonging either to the petitioner
No.2 or his family members.
F. That the Petitioner No.1 shall not claim/raise any demand
of maintenance, alimony, etc. whatsoever, in future from the petitioner No.2
after the grant of decree of divorce by mutual consent, and if Petitioner No.1
does so that shall be void ab-initio.
G. That the mediation settlement dated 07.12.2016 has been
arrived at between the parties whereby they have settled all their
disputes/grievances without any pressure, undue influence, and coercion or
threat from any corner, and have voluntarily arrived at the present arrangement
with their own free will, consent and intervention of common friends and
relatives.
H. That the Petitioner No.1 shall have no relation or concern
whatsoever, in any manner with the Petitioner No.2 after the grant of decree of
divorce by mutual consent.
I. That both the parties undertake not to
interfere or create troubles in any manner in the life of each other and also
in the life of any of their members of the family after dissolution of said
marriage.
J. That both the parties undertake to withdraw all
the complaints, if any, against each other or their relatives and they further
undertake not to file any complaint, civil or criminal case against each other
or their relative/s in future.
K. That the both the parties undertake not to
initiate any proceedings in any manner in any Court of Law regarding their
previous relations after execution of the present petition.
L. That both the parties undertake not to raise
any disputes or claim any time in future against each other after dissolution
of marriage w.r.t. to their previous marriage life.
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 both the parties have
also agreed that they shall never interfere in the personal lives of each other
at any time and shall also not to make any claim against the properties of each
other. Both the parties have also agreed that they shall not withdraw their
consent to obtain divorce by mutual consent. In the event of withdrawal or
withholding of consent by any parties the aggrieved party would be entitle to
seek all remedies under the law as available to them before institution of this
petition.
12. That as the parties hereto
do not have any grievance left against each other therefore in view of the same
they have further undertake that they shall not make any allegation against
each other or each other’s parents/relatives/friends or cause to act in a
manner so as to harm the reputation and image of each other in the family or
the society at large.
13. That the parties to the
petition have taken a decision to break their matrimonial ties keeping in view
their future welfare and better prospects.
14. That the consent of either
party has not been obtained by force, fraud or undue influence.
15. That the present petition has
not been filed in collusion with each other.
16. That there shall not be any
unnecessary or improper delay in filing this petition.
17. That there are no legal
grounds as to why the relief should not be granted.
18. That the requisite court fee
for the purpose of the court fee and jurisdiction of this petition has been
affixed.
19. That the marriage of the
petitioners was solemnized at Delhi and petitioners is residing at Delhi hence
this Hon'ble Court has jurisdiction to try and entertain the present petition.
P R A Y E R
It is, therefore, most respectfully
prayed that this Hon’ble Court may graciously be pleased to Grant the Second Motion and pass a decree of
divorce Under Section 13(b)(2) of the Hindu Marriage Act, 1955 by mutual consent of the parties thereby dissolving the
marriage of the parties to the present petition.
Delhi.
Petitioner
No. 1
Dated:
COUNSEL
Petitioner No. 2 through
(Counsel)
Verified at Delhi on this__ day of July,
2017. The above named Petitioners state on solemn affirmation that the contents
of paras 1 to 13 of the above petition are true and correct to their knowledge
and those of paras 14 to 19 are true to the information received and believed
to be true. The last para is the humble prayer to this Hon’ble Court.
Petitioner No.1 Petitioner
No.2
IN
THE COURT OF DISTRICT & PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI, DELHI
H.M.A
PETITION No._______/2016
IN THE
MATTER OF:-
XXXXX PETITIONER NO.1
AND
XXXXX PETITIONER NO.2
I, XXXXX W/o Sh XXXXXX R/o XXXXXXXXXXXXX, aged
about 35 years, do hereby solemnly affirm and state on oath as under:-
1.
That I am
the Petitioner No.1 in the above noted matter and well conversant with the
facts of the case and am also competent to swear this present affidavit.
2.
That my
marriage with the petitioner no.2 was solemnized according to Hindu Rites and
Ceremonies on dated 25.08.2013 at Delhi.
3.
That the
petitioner No.2 is residing separately from the deponent w.e.f. 19.10.2013 due
to some temperamental differences and has not been able to live together or
cohabited as husband and wife since then till date.
4.
That
since the parties to the petition has amicably and voluntarily settled all
their matrimonial disputes and claim against each other, have decided to obtain
a decree of divorce by mutual consent.
5.
That the
consent of either party has not been obtained by force, fraud or undue
influence.
6.
That
there is no collusion between the parties.
7.
That
there has not been un-necessary or improper delay in filing the present
petition.
8.
That
there is no other legal ground as to why the relief should not be granted.
9.
That the
contents of the annexed petition U/S 13-B(1) of the Hindu Marriage Act, 1955,
as amended upto date, have been drafted by my counsel as per my instructions
and 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 fact
stated therein are all true and correct to my knowledge that the fact 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:
Verified
at Delhi on this __day of July, 2017 that the contents of my above affidavit
are true and correct and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF DISTRICT & PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI,
DELHI
H.M.A
PETITION No._______/2017.
IN THE
MATTER OF:-
XXXXX PETITIONER NO.1
AND
XXXXX PETITIONER NO.2
I, XXXXX
S/o Sh XXXXXX R/o XXXXXXXXX , aged about
38 years, do hereby solemnly affirm and state on oath as under:-
1.
That I am
the Petitioner No.2 in the above noted matter and well conversant with the
facts of the case and am also competent to swear this present affidavit.
2.
That my
marriage was solemnized with the petitioner no.1 according to Hindu Rites and
Ceremonies on dated 25.08.2013 at Delhi.
3.
That the
deponent is residing separately from petitioner no.1 w.e.f. 19.10.2013 due to
some temperamental differences and has not been able to live together or
cohabited as husband and wife since then till date.
4.
That
since the parties to the petitioner has amicably and voluntarily settled all
their matrimonial dispute and claim against each other, have decided to obtain
a decree of divorce by mutual consent.
5.
That the
consent of either party has not been obtained by force, fraud or undue
influence.
6.
That
there is no collusion between the parties.
7.
That
there has not been un-necessary or improper delay in filing the present
petition.
8.
That
there is no other legal ground as to why the relief should not be granted.
9.
That the
contents of the annexed petition U/S 13-B(1) of the Hindu Marriage Act, 1955,
as amended upto date, have been drafted by my counsel as per my instructions
and 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 fact
stated therein are all true and correct to my knowledge that the fact 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:
Verified
at Delhi on this ___ day of July, 2017 that the contents of my above affidavit
are true and correct and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF DISTRICT & PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI,
DELHI
H.M.A
PETITION No._______/2017.
IN THE
MATTER OF:-
XXXXX PETITIONER NO.1
AND
XXXXX PETITIONER NO.2
MEMO OF PARTIES
XXXXXX ... Petitioner No.1
XXXXXX
... Petitioner No.2
DELHI:
PETITIONER NO.1
DATE:
THROUGH
COUNSEL
PETITIONER
NO.2
THROUGH
COUNSEL
IN THE COURT OF DISTRICT &
PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI, DELHI
H.M.A. PETITION No._______/2017.
IN THE MATTER OF:-
XXXXX PETITIONER NO.1
AND
XXXXX PETITIONER NO.2
INDEX
|
S.L.NO. |
PARTICULARS |
PAGE NO. |
|
1. |
MEMO OF PARTIES
|
|
|
2. |
PETITION U/S 13-B(2) OF H.M.A
ACT |
|
|
3. |
AFFIDAVITS IN SUPPORT OF THE
PETITION. |
|
|
4. |
LIST OF DOCUMENTS ALONGWITH
DOCUMENTS |
|
|
5. |
VAKALATNAMA |
|
DELHI:
PETITIONER NO.1
DATE:
THROUGH
COUNSEL
PETITIONER
NO.2
THROUGH
COUNSEL
IN THE COURT OF DISTRICT &
PRINCIPAL JUDGE, FAMILY COURT, TIS HAZARI, DELHI
H.M.A. PETITION No._______/2017
IN THE MATTER OF:-
XXXXX PETITIONER NO.1
AND
XXXXX PETITIONER
NO.2
List
of Documents
S
No.
|
Particulars of
Documents
|
Page
No.
|
1
|
Copy of Marriage Photograph /
Marriage Card.
|
|
2.
|
Identity Documents of Petitioner No. 1
|
|
3.
|
Identity Documents of Petitioner No.2
|
|
4.
|
Copy of MOU
|
|
5.
|
Decree / Order dated 12.01.2017 and
statements of the petitioners.
|
|
DELHI:
PETITIONER NO.1
DATE:
THROUGH
COUNSEL
PETITIONER
NO.2
THROUGH
COUNSEL
