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H.M.A. PETITION
NO. _____ OF 2023.
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)(2) 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(colly): JUDGEMENT, STATEMENTS AND ORDER PASSED BY THIS HON’BLE
COURT IN FIRST MOTION PETITION. |
|
|
5. |
ANNEXURE P-2: COPY OF MARRIAGE PHOTOGRAPH. |
|
|
6. |
ANNEXURE P-3(COLLY):
COPIES OF THE I.D.
PROOFS OF BOTH THE PETITIONERS. |
|
|
7. |
ANNEXURE P-4: COPY OF MOU DATED __________. |
|
|
8. |
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 _________. OF BOTH THE PETITIONERS. |
|
|
9. |
VAKALATNAMAS. |
|
PETITIONER
NO.1 PETITIONER
NO.2
THROUGH THROUGH
-----------------------
-----------------
ADVOCATE ADVOCATE
---------------------. ----------------------
Mob.
No.------------- Mob.
No.-----------
H.M.A. PETITION
NO. _____ OF 2023.
IN THE MATTER OF:-
__________________________ : PETITIONER NO.1
AND
MEMO
OF PARTIES
_____________________________
____________,
Delhi-110094. :
PETITIONER No.1
A
N D
---------------------------
-------------, Delhi-110059. : PETITIONER No.2
PETITIONER
NO.1 PETITIONER
NO.2
THROUGH THROUGH
-----------------------
---------------------
ADVOCATE ADVOCATE
----------------------------. ------------------.
Mob.
No.------------ Mob.
No.-------------
H.M.A. PETITION
NO. _____ OF 2023.
IN THE MATTER OF:-
-------------------------------------
---------------------,
Delhi-110094. : PETITIONER No.1
A
N D
---------------------------
--------------,
Delhi-110059. : PETITIONER No.2
SECOND
MOTION PETITION UNDER SECTION 13(B)(2) OF THE HINDU MARRIAGE ACT, 1955 (AS
AMENDED UP TO DATE) FOR DISSOLUTION OF MARRIAGE, BY DECREE OF DIVORCE BY MUTUAL
CONSENT.
First Motion Petition
was allowed by the Hon’ble Court of Sh. Ankur Jain, Ld. Judge Family Court,
North-East, Karkardooma, Delhi vide judgment dated __________ in HMA No._______.
MOST RESPECTFULLY SHEWETH: -
1.
That the marriage between the parties (petitioners herein) in
the present petition was solemnized on _______
at _______, Delhi, in accordance with the Sikh Rites and ceremonies. Necessary affidavits to
this effect are filed herewith. Copy of marriage photograph is annexed
herewith as Annexure P-2.
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
|
__ Yrs |
________. |
Hindu Unmarried |
_____ |
______, Delhi-110059. |
AT THE TIME OF FILING OF THIS PETITION
|
HUSBAND |
WIFE |
||||
Status
|
Age |
Place of Residence |
Status |
Age |
Place of Residence |
Hindu
Married
|
__
Yrs |
__________. |
Hindu
Married |
___
Yrs |
____,
Delhi-110059. |
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-3 (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 behaviour 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 ______.
8.
That the
petitioners have amicably settled all their disputes, differences and claims
against each other in terms of the MOU / Settlement 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-4.
9.
That the Petitioner no.2 has settled all her
claims in respect of istridhan, past, present and future maintenance, permanent
alimony for a sum of Rs._______/- (Rs. ________) and List of Articles annexed
with the MOU dated ______ as Part-I.
10.
That as per the settlement, the Petitioner
no.1 had already been paid a sum of Rs. ____/- at the time of execution of MOU
/ settlement dated ______ to the Petitioner no.2 by way of cheque bearing No.______
dated ____.
11.
That the Petitioner no.1 also paid a sum of
Rs._________/- to the Petitioner no.2 at the time of recording of statement in
the First Motion petition bearing No. _______ which was allowed by the Hon’ble
Court of Sh. Ankur Jain, Ld. Judge Family Court, North-East, Karkardooma, Delhi
vide judgment dated ________ and recorded their statements. Apart from this,
the Petitioner no.1 also handed over the articles mentioned in the List-I
attached along with the MOU at the time of recording of statement in the said
first motion mutual consent divorce petition. Copy of Judgment, Statements and
Order Passed by This Hon’ble Court in First Motion Petition is annexed as Annexure P-1(colly).
12.
That it is agreed that out of the remaining
amount of the Petitioner no.1 will pay a sum of Rs.____/- (__________) through
Demand Draft/Pay Order/Cash, to the Petitioner no.2 at the time of recording of
the statement under Section 13B(2) of the HMA before this Hon’ble Court.
13.
That the Petitioner no.1 had already been
withdrawn the divorce petition filed against the Petitioner no.2 before the
Hon’ble Court of Family Judge, North-East, Karkardooma Court, Delhi. The
Petitioner no.2 had also withdrawn the complaint U/s 12 of DV Act filed against
the Petitioner no.1 before the Hon’ble Court of Ld. M.M. Mahila Court, Dwarka,
New Delhi. The Petitioner no.2 had also already been withdrawn the complaint
filed before CAW Cell, Dabri Police Station, Delhi against the Petitioner no.1
and his family in terms of the MOU.
14.
That it is further agreed between the Petitioners
that the petition under Section 13B(1) HMA shall be filed latest by _____. Hence,
the present petition.
15.
That it is further agreed between the Petitioner
that the petition under Section 13 B(2) shall be filed after 6 months from the
date when the petition under Section 13 B(1) of the HMA is allowed by the Ld. Judge
Family Court vide judgment dated ______.
16.
That the Petitioners have surrendered/waived
all her statutory rights to file any case against the each other and their family
members and relatives before any Competent court of law and both the parties
undertake to withdraw all the cases filed against each other including CAW
cell, Saket as mentioned above or any other case, if any, on or before the
recording of the statement of second motion petition.
17.
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.
18.
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.
19.
That it is further agreed between both the Petitioners
that if the Petitioner no.1 resiles from the MOU and does not cooperate with
the Petitioner no.2 in obtaining a decree of divorce by mutual consent then the
Petitioner no.2 reserves all the right to forfeit the entire amount as paid by
the Petitioner no.1 to her until that point of time.
20.
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.
21.
That it is agreed that both the parties
undertake to remain bound by the terms of settlement.
22.
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.
23.
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.
24.
That the present petition has been filed by both the parties
with their consent before Hon'ble Court.
25.
That there is no unreasonable or improper delay in filing
this petition.
26.
That there is no impediment in granting the relief as prayed
for in the petition.
27.
That no such petition between the Petitioners is pending
before any other court of law except the present one.
28.
That the Petitioner No.2 lastly resided with the Petitioner
no.1 at _______________, Delhi-110094, which is within the jurisdiction of
this Hon’ble Court. Hence, this Hon’ble has got jurisdiction to entertain and
try this petition.
29.
That the appropriate court fees for the purpose of court fee
and jurisdiction have 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)(2) of the Hindu
Marriage Act, 1955 in favour of the Petitioners.
Any other or further order/ relief
which this Hon’ble Court deems fit and proper in the facts and circumstances of
the case be passed/granted in favor of the petitioners.
PETITIONER
NO.1 PETITIONER
NO.2
THROUGH THROUGH
_______________
_______________
ADVOCATE ADVOCATE
Ch.---------------------------
---------------------------
_____________,
Delhi. New
Delhi-110008.
Mob. _______________ Mob. No.___________
VERIFICATION:
-
We, the above-named
Petitioners do hereby on solemn affirmation verify that the contents of the
above petition from para no. 1 to …..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 __ December, 2023.
PETITIONER NO.1 PETITIONER NO.2
H.M.A. PETITION
NO. _____ OF 2023.
IN THE MATTER OF:-
------------------------------------ : PETITIONER NO.1
AND
--------------------------------- : PETITIONER NO.2
Affidavit of Mr. ___________, aged about __ years S/o Late
Sh. ________ R/o ___________, Delhi-110094, 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 & ceremonies on _______ at Dwarka, Delhi.
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(2) 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 ___,
December, 2023.
DEPONENT
H.M.A. PETITION
NO. _____ OF 2023.
IN THE MATTER OF:-
MR. _______________________ : PETITIONER NO.1
AND
___________________ : PETITIONER NO.2
AFFIDAVIT
Affidavit
of Mrs. _______, aged about ___ years D/o _________, R/o _______________, Delhi-110059.,
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 & ceremonies on ________ at _____, Delhi.
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(2) of the Hindu
Marriage Act, 1955, as amended upto date, have been drafted by my counsel as
per my instructions and the contents of the same have been duly read and
understood by me and after fully understanding the contents of the same, I
hereby state that the facts stated therein are all true and correct to my
knowledge.
8. The facts stated therein may kindly be read as part
and parcel of the present affidavit also as the contents of the same have not
been reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION:-
I,
the above-named deponent on solemn affirmation verify that the contents of the
above affidavit from paras no.1 to 8 are true to my knowledge, no part of it is
false and nothing is concealed therefrom.
Verified at Delhi on ____December, 2023.
DEPONENT
H.M.A. PETITION
NO. _____ OF 2023.
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 Mr. ___________, aged about ______ years S/o Late __---------- R/o ---------------,
Delhi-110094, 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
____, Delhi 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 deemed to be considered as compromised and withdrawn and
shall not have any legal effects.
12.
That in case of any
breach/violation/willful/ deliberate disobedience of the terms of the 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 (2) 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.1 and Petitioner no.2 was lastly
resided together as husband and wife at _____________, Delhi-110094, 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 December, 2023 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 2023.
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. RAJAT
GUPTA VERSUS RUPALI GUPTA” JUDGMENT PASSED BY THE HON’BLE HIGH COURT OF DELHI
DATED _____.
Affidavit
of Mrs. ______, aged about ….. years D/o ________, R/o ---------------------,
South Delhi-110048., do hereby solemnly affirm and declare as under:-
1.
That I am petitioner no.2 (wife)in the present petition and as
such amwell 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 ----------1
at ---------, Delhi 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 deemed to be considered as compromised and withdrawn and
shall not have any legal effects.
12.
That in case of any
breach/violation/willful/ deliberate disobedience of the terms of the 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.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 (2) 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 lastly resided 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 December, 2023 on solemn
affirmation and state that the contents of my above affidavit are true and
correct and nothing material has been concealed therefrom.
DEPONENT
