First motion joint petition under Section 13B(1) Hindu Marriage Act for divorce by mutual consent with supporting affidavits
0 of 70 blanks filled
IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, DISTRICT (EAST), KARKARDOOMA COURTS, DELHI
H.M.A. PETITION NO. HMA petition number OF 2024
IN THE MATTER OF:
Petitioner 1's name: PETITIONER NO. 1
AND
Petitioner 2's name: PETITIONER NO. 2
INDEX
| 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 Date of MOU. |
| 7. | AFFIDAVIT-CUM-UNDERTAKING OF BOTH THE PETITIONERS TO ABIDE BY THE SETTLEMENT, IN VIEW OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF DELHI DATED Date of High Court judgment IN THE MATTER OF "SH. Judgment party 1's name VERSUS Judgment party 2's name". |
| 8. | VAKALATNAMAS. |
Petitioner 1's advocate's namePetitioner 2's advocate's name
ADVOCATEADVOCATES
Petitioner 1's advocate's chamber numberPetitioner 2's advocate's chamber number
Mobile No.: Petitioner 1's advocate's mobile numberMobile No.: Petitioner 2's advocate's mobile number
Email:Email:
PETITIONER NO. 1
THROUGH
Petitioner 1's advocate's name
ADVOCATE
IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, DISTRICT (EAST), KARKARDOOMA COURTS, DELHI
H.M.A. PETITION NO. HMA petition number OF 2024
IN THE MATTER OF:
Petitioner 1's name: PETITIONER NO. 1
AND
Petitioner 2's name: PETITIONER NO. 2
MEMO OF PARTIES
Petitioner 1's name
Petitioner 1's address: PETITIONER NO. 1
AND
Petitioner 2's name
Petitioner 2's address: PETITIONER NO. 2
Petitioner 1's advocate's namePetitioner 2's advocate's name
ADVOCATEADVOCATES
Petitioner 1's advocate's chamber numberPetitioner 2's advocate's chamber number
Mobile No.: Petitioner 1's advocate's mobile numberMobile No.: Petitioner 2's advocate's mobile number
Email:Email:
IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, DISTRICT (EAST), KARKARDOOMA COURTS, DELHI
H.M.A. PETITION NO. HMA petition number OF 2024
IN THE MATTER OF:
Petitioner 1's name: PETITIONER NO. 1
AND
Petitioner 2's name: 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 SHOWETH:
1.That the marriage between the parties (petitioners herein) was solemnized on Date of marriage at Place of marriage in accordance with the Sikh rites, customs and ceremonies. Necessary affidavits to this effect are filed herewith. A copy of the marriage photograph is annexed herewith as *Annexure P-1.*
2.That the status, age and place of residence of the parties to the present petition, before the marriage and at the time of filing the present petition, are as under:
AT THE TIME OF MARRIAGE
| HUSBAND | WIFE |
| Status | Age | Place of Residence | Status | Age | Place of Residence |
| Hindu; Unmarried | Husband's age at marriage | Husband's address at marriage | Hindu; Unmarried | Wife's age at marriage | Wife's address at marriage |
AT THE TIME OF FILING OF THIS PETITION
| HUSBAND | WIFE |
| Status | Age | Place of Residence | Status | Age | Place of Residence |
| Hindu; Married | Husband's age at filing | Husband's address at filing | Hindu; Married | Wife's age at filing | Wife's address at filing |
3.That Petitioner No. 1 and Petitioner No. 2 are Hindus by birth and profess the Hindu faith. 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 husband and wife, and they resided together until Date parties last lived together. However, no child was born out of the said wedlock.
5.That owing to differences in temperament and behaviour between Petitioner No. 1 and Petitioner No. 2, they were unable to live together as husband and wife, and they have been living separately from each other since Date of separation.
6.That all efforts at reconciliation made by the family members, relatives and friends of both the parties have failed, and there is now no possibility of reconciliation between them in future. The parties have therefore finally decided to obtain a divorce by 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 the 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 Date of MOU. It is prayed that the contents of the said MOU/compromise may be read as part and parcel of the present petition. A copy of the MOU dated Date of MOU is annexed herewith and marked as *Annexure P-3.*
9.That Petitioner No. 2 has settled all her claims in respect of stridhan, and past, present and future maintenance, and permanent alimony.
10.That on the date of execution of the MOU, both the Petitioners agreed and undertook to sign and file the present First Motion Petition under Section 13B(1) of the Hindu Marriage Act, 1955 before this Hon'ble Court seeking divorce. Both the Petitioners further undertake to cooperate with each other in its presentation and to make statements before this Hon'ble Court to that effect. Hence, the present petition.
11.That it is further agreed between the Petitioners that they shall 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 the statutory period of 6 (six) months from the date of the order/decree of the First Motion, OR, before the expiry of the said 6 (six) months with the permission of the Hon'ble Court (as and when allowed). Both the Petitioners hereby agree and undertake to jointly file an application for waiver of the statutory period of 6 (six) months, in view of the age of the parties and the absence of any possibility of reconciliation between them. However, in case the Hon'ble Court does not permit waiver of the statutory period of 6 (six) months, Petitioner No. 2 agrees and undertakes not to raise any demand for maintenance in any manner whatsoever. Both the Petitioners undertake to cooperate with each other in the presentation of the aforesaid petition and to make statements before the Hon'ble Court to that effect.
12.That the Petitioners shall not withdraw their consent for obtaining the divorce by mutual consent until such divorce is granted, and both the Petitioners have surrendered their right 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 shall not interfere in the future life of each other or of their respective family members, relatives and friends, and shall not claim any interest in the movable and immovable properties or business of the Petitioners and their family members. Both the Petitioners shall not make any correspondence, complaints or the like against each other to any family member, relative or friend of either Petitioner, or before any authority, police authority or 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 through social media.
14.That it is further agreed between the Petitioners that they shall remain bound to uphold their respective obligations under the MOU dated Date of MOU, and any party resiling from the MOU shall be liable to proceedings under The Contempt of Courts Act, 1971.
15.That both the parties undertake to remain bound by the terms of the settlement.
16.That the parties to the present petition have further undertaken that they shall not level any allegations against each other, or against the family members of each other, nor act in any manner so as to harm the reputation and image of the other party to the present petition or their relatives in society at large.
17.That there is no legal impediment by which the relief sought may be denied to the Petitioners. It is further submitted that no other efficacious remedy is available to the parties for the dissolution of the marriage except by way of the present petition.
18.That the present petition has been filed by both the parties with their free consent before this Hon'ble Court.
19.That there is no unreasonable or improper delay in filing the present petition.
20.That there is no impediment to granting the relief as prayed for in the petition.
21.That no petition between the Petitioners is pending before any other court of law except the present one.
22.That Petitioner No. 2 is residing at Petitioner 2's address, which is within the jurisdiction of this Hon'ble Court. Hence, this Hon'ble Court has jurisdiction to entertain and try the present petition.
23.That the appropriate court fees for the purposes of court fee and jurisdiction have been affixed hereto.
PRAYER:-
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly grant the First Motion and pass a decree of divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act, 1955 in favour of the Petitioners.
Any other or further order or relief which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may also be passed in favour of the Petitioners.
Petitioner 1's advocate's namePetitioner 2's advocate's name
ADVOCATEADVOCATES
Petitioner 1's advocate's chamber numberMOB. NO. Petitioner 1's advocate's mobile number
Petitioner 1's advocate's addressEMAIL: Petitioner 2's advocate's email
MOB. NO. Petitioner 2's advocate's mobile number
VERIFICATION:-
We, the above-named Petitioners, do hereby solemnly affirm and verify that the contents of the above petition from paragraph no. 1 to ..... are true to our knowledge, that those from paragraph no. ..... to ..... are true on information received and believed to be true, while the last paragraph is a prayer to this Hon'ble Court.
Verified at Delhi on this Date of verification day of January, 2024.
PETITIONER NO. 1PETITIONER NO. 2
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURTS, DIST. EAST, KARKARDOOMA COURTS, DELHI
H.M.A. PETITION NO. HMA petition number OF 2024
IN THE MATTER OF:-
Petitioner 1's name: PETITIONER NO. 1
AND
Petitioner 2's name: PETITIONER NO. 2
AFFIDAVIT
Affidavit of Mr. Husband's name, S/o Sh. Husband's father's name, aged about Husband's age years, R/o Husband's address, who does hereby solemnly affirm and declare as under:-
1.That I am 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 Petitioner No. 2 was solemnised according to Marriage rites and ceremonies held on Date of marriage at Place of marriage.
3.That owing to differences of opinion and temperament between Petitioner No. 1 and Petitioner No. 2, I, the deponent, and Petitioner No. 2 have been living separately since Date of separation. Despite the intervention of common friends and relatives, the Petitioners were not able to reconcile their disputes, and the parties have agreed to dissolve their marriage by obtaining a decree of divorce by mutual consent. All efforts to bring about reconciliation have failed.
4.That I undertake to abide by the terms mentioned in the MOU/Compromise Deed dated Date of MOU in their true letter and spirit.
5.That there is no unnecessary or improper delay in filing the present petition.
6.That there is no legal impediment to granting the relief as prayed for in the petition.
7.That the contents of the annexed petition under Section 13B(1) of the Hindu Marriage Act, 1955, as amended up to date, have been drafted by my counsel as per my instructions, and the contents thereof have been duly read over and understood by me. Having fully understood the contents thereof, I state that the facts stated therein are true and correct to my knowledge.
8.That the facts stated in the petition may kindly be read as part and parcel of the present affidavit, as the contents thereof 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 paragraph no. 1 to 8 are true to my knowledge, that no part of it is false and that nothing material has been concealed therefrom.
Verified at Delhi on Date of verification, January, 2024.
DEPONENT
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURTS, DIST. EAST, KARKARDOOMA COURTS, DELHI
H.M.A. PETITION NO. HMA petition number OF 2024
IN THE MATTER OF:-
Petitioner 1's name: PETITIONER NO. 1
AND
Petitioner 2's name: PETITIONER NO. 2
AFFIDAVIT
Affidavit of Mrs. Wife's name, D/o Sh. Wife's father's name, R/o Wife's address, who does hereby solemnly affirm and declare as under:-
1.That I am Petitioner No. 2 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 Petitioner No. 1 was solemnised according to Marriage rites and ceremonies held on Date of marriage at Place of marriage.
3.That the deponent has been residing separately since Date wife started residing separately owing to temperamental differences.
4.That owing to differences of opinion and temperament between Petitioner No. 1 and Petitioner No. 2, I, the deponent, and Petitioner No. 1 have been living separately since Date of separation. Despite the intervention of common friends and relatives, the Petitioners were not able to reconcile their disputes, and the parties have agreed to dissolve their marriage by obtaining a decree of divorce by mutual consent. All efforts to bring about reconciliation have failed.
5.That I undertake to abide by the terms mentioned in the MOU/Compromise Deed dated Date of MOU in their true letter and spirit.
6.That there is no unnecessary or improper delay in filing the present petition.
7.That there is no legal impediment to granting the relief as prayed for in the petition.
8.That the contents of the annexed petition under Section 13B(1) of the Hindu Marriage Act, 1955, as amended up to date, have been drafted by my counsel as per my instructions, and the contents thereof have been duly read over and understood by me. Having fully understood the contents thereof, I state that the facts stated therein are true and correct to my knowledge.
9.That the facts stated in the petition may kindly be read as part and parcel of the present affidavit, as the contents thereof 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 paragraph no. 1 to 9 are true to my knowledge, that no part of it is false and that nothing material has been concealed therefrom.
Verified at Delhi on Date of verification, January, 2024.
DEPONENT
Verified at Delhi on this Date of verification day of January, 2024.
DEPONENT
IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURTS, DISTRICT EAST, KARKARDOOMA COURTS, DELHI
H.M.A. PETITION NO. HMA petition number OF 2024
IN THE MATTER OF:
Petitioner 1's namePETITIONER NO. 1
AND
Petitioner 2's namePETITIONER NO. 2
AFFIDAVIT-CUM-UNDERTAKING TO ABIDE BY THE SETTLEMENT, IN VIEW OF THE JUDGMENT PASSED BY THE HON'BLE HIGH COURT OF DELHI IN THE MATTER OF "SH. Judgment party's name" DATED Date of High Court judgment.
Affidavit of Mr. Husband's name, S/o Sh. Husband's father's name, aged about Husband's age years, R/o Husband's address, 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, I am well conversant with the facts and circumstances of the case and competent to swear this affidavit.
2.That the deponent was married to Petitioner No. 2 on Date of marriage at Place of marriage, New Delhi-110064, according to Sikh rites and customs.
3.That after the marriage, both parties to the petition started living together as husband and wife and resided together until Date parties last lived together. However, no child was born out of the said wedlock.
4.That owing to differences in opinions and temperaments between Petitioner No. 1 and Petitioner No. 2, the deponent and Petitioner No. 2 have been living separately since Date of separation. Despite the intervention of common friends and relations, the parties were unable to reconcile their disputes, and they have agreed to dissolve their marriage by obtaining a decree of divorce by mutual consent. All efforts at reconciliation have failed.
5.That Petitioner No. 2 and I have already settled all claims between us regarding stridhan, maintenance, belongings and articles by way of an MOU / Compromise Deed dated Date of MOU, and I shall not file any fresh or separate claim petition, complaint or other proceedings against Petitioner No. 2 qua the matrimonial disputes. The matter has been settled between Petitioner No. 2 and me in accordance with the MOU / Compromise Deed dated Date of MOU and upon the following terms:
i.It has been agreed between the parties that the petitioners shall not claim stridhan, dowry articles, or past, present and future alimony and maintenance, etc., from each other except as mentioned in the MOU dated Date of MOU. Neither I nor my family members shall raise any claim whatsoever regarding the marriage against Petitioner No. 2 or her family members.
ii.That after obtaining the divorce by mutual consent from the matrimonial court and after fulfilment of the terms of the MOU dated Date of MOU, I undertake that I shall not file any case of any kind, whether matrimonial, civil or criminal, regarding jewellery, dowry, stridhan or maintenance (past, present and future), permanent alimony or any other claim, before any court of law or police authorities against Petitioner No. 2, her family members or other relations in future regarding their matrimonial disputes, whether in India or abroad. I further undertake that I shall have no right, claim or interest in the movable and immovable properties, whether self-acquired or inherited, of Petitioner No. 2 or any of her family members or relations, or in their respective businesses and service benefits, besides an undertaking that neither party shall interfere in the personal as well as professional life of the other party.
iii.That after the grant of the decree of divorce by the concerned matrimonial court, both petitioners undertake not to file any case of any kind, whether civil, criminal or matrimonial, against each other, their parents or relations, in any court of law, authority or police station, in any manner whatsoever, except on account of a breach of the aforesaid MOU / Compromise Deed.
6.That it has been assured by both parties that neither of them has raised, and neither shall raise, any claim in respect of any movable and/or immovable properties, goods and assets of the other or of their respective parents or family members.
7.That as the parties hereto have no grievance remaining against each other, they have further undertaken that they shall not level any allegations against each other or against each other's parents or relatives, or act in any manner so as to harm the reputation and image of the other, in the family or in society at large.
8.That the parties to the petition have taken the decision to dissolve their matrimonial ties keeping in view their own further welfare and better prospects.
9.That it is agreed between the parties that, in the event of a breach of the undertaking given to the concerned court or a wilful or deliberate violation of the consent order/decree, the defaulting party shall be liable to be punished for contempt of court.
10.That the petitioners are fully satisfied with the present arrangement and, as such, they shall not file any claim of any nature whatsoever in future, including any claim for maintenance or permanent alimony, against each other or their respective family members.
11.That if either of the petitioners has filed any complaint, not within the knowledge of either of the petitioners, before any court of law, police or any other authority, whether in New Delhi or in any other part of India, the same shall be deemed to have been compromised and withdrawn and shall have no legal effect.
12.That in the event of any breach or violation of the terms of the MOU dated Date of MOU, or of any wilful or deliberate disobedience thereof, I shall be liable to be punished for contempt of court.
13.I undertake to abide by the stipulations contained in the judgment dated Date of High Court judgment passed by the Hon'ble High Court of Delhi in the matter of "Judgment party's name" in Cont. Case (C) Contempt case number.
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 a decree of divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act, 1955, and the contents thereof are correct as per my knowledge and no part thereof is false.
17.I say that the contents of the accompanying petition may be read as part of this affidavit, as they are not being repeated herein for the sake of brevity.
18.That there has been no unnecessary or improper delay in instituting the present petition.
19.That Petitioner No. 2 (wife) is residing at Petitioner 2's address, which is within the jurisdiction of this Hon'ble Court. Hence, this Hon'ble Court has jurisdiction to entertain and try this petition.
DEPONENT
VERIFICATION:
Verified at New Delhi on this Date of verification day of January, 2024, on solemn affirmation, and I state that the contents of my above affidavit are true and correct and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURTS, DISTRICT EAST, KARKARDOOMA COURTS, DELHI
H.M.A. PETITION NO. HMA petition number OF 2024
IN THE MATTER OF:
Petitioner 1's namePETITIONER NO. 1
AND
Petitioner 2's namePETITIONER NO. 2
AFFIDAVIT-CUM-UNDERTAKING TO ABIDE BY THE SETTLEMENT, IN VIEW OF THE JUDGMENT PASSED BY THE HON'BLE HIGH COURT OF DELHI IN THE MATTER OF "Judgment party's name" DATED Date of High Court judgment
Affidavit of Mrs. Wife's name, aged about Wife's age years, R/o Wife's address, 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 I am well conversant with the facts and circumstances of the case and competent to swear this affidavit.
2.That the deponent was married to Petitioner No. 1 on Date of marriage at Place of marriage according to Sikh rites and customs.
3.That after the marriage, both parties to this petition started living together as husband and wife, and the parties resided together with each other till Date parties last lived together; however, no child was born out of the said wedlock.
4.That owing to differences in opinions and temperaments between Petitioner No. 1 and Petitioner No. 2, the deponent and Petitioner No. 1 have been living separately since Date of separation. Despite the intervention of common friends and relations, the Petitioners were unable to reconcile their differences, and the parties have agreed to dissolve their marriage by obtaining a decree of divorce by mutual consent. All efforts at reconciliation have failed.
5.That Petitioner No. 1 and I have already settled all claims regarding stridhan, maintenance, belongings and articles with each other by way of an MOU/Compromise dated Date of MOU, and I shall not file any fresh or separate claim petition, complaint or other proceedings against Petitioner No. 1 qua the matrimonial disputes. The matter has been settled between Petitioner No. 1 and me in accordance with the MOU dated Date of MOU on the following terms:-
i.It has been agreed between the parties that the Petitioners shall not claim stridhan, dowry articles, or past, present or future alimony and maintenance, etc., from each other except as mentioned in the MOU dated Date of MOU. I and my family members shall raise no claim whatsoever regarding the marriage against Petitioner No. 1 and his family members.
ii.That after obtaining a divorce by mutual consent from the matrimonial court and upon fulfilment of the terms of the MOU dated Date of MOU, I undertake that I shall not file any case, whether matrimonial, civil or criminal, regarding jewellery, dowry, stridhan, maintenance (past, present and future), permanent alimony or any other claim, before any court of law or police authorities against Petitioner No. 1, his family members or other relations in future regarding their matrimonial disputes, either in India or abroad. I further undertake that I shall have no right, claim or interest in the movable and immovable properties, whether self-acquired or inherited, of Petitioner No. 1 or any of his family members or relations, or in their respective businesses and service benefits, and that no party shall interfere in the personal or professional life of the other party.
iii.That after the grant of the decree of divorce by the concerned matrimonial court, both Petitioners undertake not to file any case, whether civil, criminal or matrimonial, against each other, their parents or relations, before any court of law, authority or police station, in any manner whatsoever, except on account of breach of the aforesaid deed.
6.That it has been assured by both parties that none of them has raised, and none of them shall raise, any claim in respect of any movable and/or immovable properties, goods and assets of the other party or of their respective parents or family members.
7.That as no grievance remains between the parties, they have further undertaken that they shall not make any allegations against each other or against each other's parents or relatives, nor act in any manner so as to harm the reputation and image of the other, whether in the family or in society at large.
8.That the parties to the petition have taken the decision to dissolve their matrimonial ties keeping in view their further welfare and better prospects.
9.That it is agreed between the parties that, in the event of breach of the undertaking given to the concerned court or wilful or deliberate violation of the consent order/decree, the defaulting party shall be liable to be punished for contempt of court.
10.That the Petitioners are fully satisfied with the present arrangement and, as such, shall not file any claim of any nature whatsoever in future, including any claim for maintenance or permanent alimony, against each other or their respective family members.
11.That if either of the Petitioners has filed any complaint, not within the knowledge of either of the Petitioners, before any court of law, police or any other authority, whether in New Delhi or in any part of India, the same shall be deemed to have been compromised and withdrawn and shall have no legal effect.
12.That in case of any breach or violation, or wilful or deliberate disobedience, of any of the terms of the MOU dated Date of MOU, I shall be liable to be punished for contempt of court.
13.I undertake to abide by the stipulations contained in the judgment dated Date of High Court judgment passed by the Hon'ble High Court of Delhi in the matter of "Judgment party 1's name Vs Judgment party 2's name" in Cont. Case (C) Contempt case number.
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 a decree of divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act, 1955, and the contents thereof are correct as per my knowledge and belief, and no part thereof is false.
17.I say that the contents of the accompanying petition may be read as part of this affidavit, as they are not being repeated herein for the sake of brevity.
18.That there has been no unnecessary or improper delay in instituting the present petition.
19.That I am residing at Petitioner 2's address, which is within the jurisdiction of this Hon'ble Court. Hence, this Hon'ble Court has jurisdiction to entertain and try this petition.
DEPONENT
VERIFICATION:
Verified at New Delhi on this Date of verification day of Month and year of verification on solemn affirmation, and I state that the contents of my above affidavit are true and correct, and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF THE LD. PRINCIPAL JUDGE, FAMILY COURTS, DISTT. EAST, KARKARDOOMA COURTS, DELHI
H.M.A. PETITION NO. HMA petition number OF 2024
IN THE MATTER OF:
Petitioner 1's name: PETITIONER NO. 1
AND
Petitioner 2's name: PETITIONER NO. 2
INDEX
| S.NO. | PARTICULARS | PAGES |
|---|---|---|
| 1. | MEMO OF PARTIES. |
| 2. | FIRST MOTION PETITION UNDER SECTION 13B(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 ID PROOFS OF BOTH THE PETITIONERS. |
| 6. | ANNEXURE P-3: COPY OF MOU DATED Date of MOU. |
| 7. | AFFIDAVIT-CUM-UNDERTAKING OF BOTH THE PETITIONERS TO ABIDE BY THE SETTLEMENT, IN VIEW OF THE JUDGMENT PASSED BY THE HON'BLE HIGH COURT OF DELHI DATED Date of High Court judgment IN THE MATTER OF "SH. Judgment party 1's name VERSUS Judgment party 2's name". |
| 8. | VAKALATNAMAS. |
PETITIONER NO. 1
THROUGH
Petitioner 1's advocate's namePetitioner 2's advocate's name
ADVOCATEADVOCATES
Petitioner 1's advocate's mobile number,Petitioner 2's advocate's mobile number
Mo.Mo.
Email:Email:
IN THE COURT OF THE LD. PRINCIPAL JUDGE, FAMILY COURTS, DISTT. EAST, KARKARDOOMA COURTS, DELHI
DELHI.
H.M.A. PETITION NO. HMA petition number OF 2024
IN THE MATTER OF:
Petitioner 1's name: PETITIONER NO. 1
AND
Petitioner 2's name: PETITIONER NO. 2
MEMO OF PARTIES
Petitioner 1's name
Petitioner 1's address: PETITIONER NO. 1
AND
Petitioner 2's name
Petitioner 2's address: PETITIONER NO. 2
Petitioner 1's advocate's namePetitioner 2's advocate's name
ADVOCATEADVOCATES
Petitioner 1's advocate's chamber numberPetitioner 2's advocate's chamber number
MOB. NO.: Petitioner 1's advocate's mobile number
EMAIL: Petitioner 1's advocate's email address
MOB. NO.: Petitioner 2's advocate's mobile number
EMAIL: Petitioner 2's advocate's email
IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, DISTRICT EAST, KARKARDOOMA COURTS, DELHI.
H.M.A. PETITION NO. HMA petition number OF 2024
IN THE MATTER OF:
Petitioner 1's name: PETITIONER NO. 1
AND
Petitioner 2's name: PETITIONER NO. 2
FIRST MOTION PETITION UNDER SECTION 13B(1) OF THE HINDU MARRIAGE ACT, 1955 (AS AMENDED UP TO DATE) FOR DISSOLUTION OF MARRIAGE BY DECREE OF DIVORCE BY MUTUAL CONSENT.
MOST RESPECTFULLY SHOWETH:
1.That the marriage between the parties (the petitioners herein) was solemnized on Date of marriage at Place of marriage in accordance with the Sikh rites, customs and ceremonies. Necessary affidavits to this effect are filed herewith. A copy of the marriage photograph is annexed herewith as *Annexure P-1.*
2.That the status, age and place of residence of the parties to the present petition, before the marriage and at the time of filing of the present petition, are as under:
AT THE TIME OF MARRIAGE
| HUSBAND | WIFE |
| Status | Age | Place of Residence | Status | Age | Place of Residence |
| Hindu; Unmarried | Husband's age at marriage | Husband's address at marriage | Hindu; Unmarried | Wife's age at marriage | Wife's address at marriage |
AT THE TIME OF FILING OF THIS PETITION
| HUSBAND | WIFE |
| Status | Age | Place of Residence | Status | Age | Place of Residence |
| Hindu; Married | Husband's age at filing | Husband's address at filing | Hindu; Married | Wife's age at filing | Wife's address at filing |
3.That Petitioner No. 1 and Petitioner No. 2 are Hindus by birth and profess the Hindu faith. Copies of the identity 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 the present petition started living together as husband and wife, and the parties resided together until Date parties last lived together. However, no child was born out of the said wedlock.
5.That owing to differences in temperament and behaviour between Petitioner No. 1 and Petitioner No. 2, the parties were unable to continue living together as husband and wife, and have been living separately from each other since Date of separation.
6.That all efforts at reconciliation made by the family members, relatives and friends of both the parties have failed, and there remains no possibility of reconciliation between the parties in future. The parties have therefore finally decided to obtain a divorce by 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 the jurisdiction of Delhi.
8.That the petitioners have amicably settled all their disputes, differences and claims against each other in terms of the Memorandum of Understanding (MOU) dated Date of MOU. It is prayed that the contents of the said MOU / compromise may be read as part and parcel of the present petition. A copy of the MOU dated Date of MOU is annexed herewith and marked as *Annexure P-3.*
9.That Petitioner No. 2 has settled all her claims in respect of stridhan, and past, present and future maintenance, and permanent alimony.
10.That on the date of execution of the MOU, both the petitioners agreed and undertook to sign and file the present First Motion Petition under Section 13B(1) of the Hindu Marriage Act, 1955 before this Hon'ble Court seeking divorce. Both the petitioners further undertake to cooperate with each other for its presentation and to make statements before this Hon'ble Court to that effect. Hence, the present petition.
11.That it is further agreed between the petitioners that they shall 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 the statutory period of 6 (six) months from the date of the order / decree of the First Motion, or, before the expiry of the said period of 6 (six) months with the permission of the Hon'ble Court (as and when allowed). It is hereby agreed and undertaken by both the petitioners that they shall jointly file an application for waiver of the statutory period of 6 (six) months, in view of the age of the parties and there being no possibility of reconciliation between them; however, in the event the Hon'ble Court does not permit waiver of the statutory period of 6 (six) months, Petitioner No. 2 agrees and undertakes not to raise any demand for maintenance, in any manner whatsoever. Both the petitioners undertake to cooperate with each other in the presentation of the aforesaid petition and to make statements before the Hon'ble Court to that effect.
12.That the petitioners shall not withdraw their consent for obtaining the divorce by mutual consent until the divorce is granted, and both the petitioners have surrendered their right to withdraw such consent.
13.That after obtaining the divorce by mutual consent, both the petitioners undertake that they shall not interfere in the future life of each other or of their respective family members, relatives and friends, and shall not claim any interest in the movable and immovable properties or business of the petitioners or their family members. Both the petitioners shall not make any correspondence, complaints or the like against each other to any family member, relative or friend of either petitioner, or before any authority, police authority or 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 through social media.
14.That it is further agreed between the petitioners that they shall remain bound to uphold their respective obligations under the MOU dated Date of MOU, and any party resiling from the MOU shall be liable to proceedings under The Contempt of Courts Act, 1971.
15.That both the parties undertake to remain bound by the terms of the settlement.
16.That the parties to the present petition have further undertaken that they shall not level any allegations against each other or against the family members of each other, nor act in any manner so as to harm the reputation and image of the other party to the present petition or their relatives in society at large.
17.That there is no legal impediment on account of which the relief sought may be denied to the petitioners. It is further submitted that no other efficacious remedy is available to the parties for dissolution of the marriage except by way of the present petition.
18.That the present petition has been filed by both the parties with their consent before this Hon'ble Court.
19.That there has been no unreasonable or improper delay in filing the present petition.
STATEMENT ON BEHALF OF THE PETITIONERS (CONTD.)
20.That there is no legal impediment to granting the relief as prayed for in the petition.
21.That no petition between the Petitioners is pending before any other court of law, except the present one.
22.That Petitioner No. 2 is residing at Petitioner 2's address, which falls within the territorial jurisdiction of this Hon'ble Court. This Hon'ble Court therefore has jurisdiction to entertain and try the present petition.
23.That the requisite court fee for the purposes of court fee and jurisdiction has been affixed on this petition.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to grant the First Motion and pass a decree of divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act, 1955 in favour of the Petitioners.
Any other or further order or relief which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may also be passed in favour of the Petitioners.
Petitioner 1's advocate's namePetitioner 2's advocate's name
ADVOCATEADVOCATE
Petitioner 1's advocate's chamber numberMOB. NO. Petitioner 1's advocate's mobile number
Chamber address of the advocatesEMAIL: Petitioner 2's advocate's email
MOB. NO. Petitioner 2's advocate's mobile number
EMAIL:
VERIFICATION
We, the above-named Petitioners, do hereby verify on solemn affirmation that the contents of the above petition from paragraph No. 1 to End paragraph number true to knowledge are true to our knowledge, and that the contents of paragraphs Start paragraph number true on information to End paragraph number true on information are true on information received and believed to be true, while the last paragraph is a prayer to this Hon'ble Court.
Verified at Place of verification on this Date of verification.
PETITIONER NO. 1PETITIONER NO. 2
IN THE COURT OF Name of the Family Court
H.M.A. PETITION NO. HMA petition number OF Year of the petition
IN THE MATTER OF:
Petitioner 1's name: PETITIONER NO. 1
AND
Petitioner 2's name: PETITIONER NO. 2
AFFIDAVIT OF PETITIONER NO. 1
Affidavit of Mr. Husband's name, S/o Sh. Husband's father's name, aged about Husband's age years, R/o Husband's address, who hereby solemnly affirms and declares as under:
1.That I am Petitioner No. 1 in the above-named matter; I am well conversant with the facts of the case and am competent to swear the present affidavit.
2.That the marriage of the deponent with Petitioner No. 2 was solemnised according to Rites and customs of the marriage and ceremonies held on Date of marriage at Place of marriage.
3.That on account of differences of opinion and temperamental incompatibility between Petitioner No. 1 and Petitioner No. 2, the deponent and Petitioner No. 2 have been living separately since Date of separation. Despite the intervention of common friends and relations, the Petitioners were unable to reconcile their differences, and the parties have agreed to dissolve their marriage by obtaining a decree of divorce by mutual consent. All efforts at reconciliation have failed.
4.That I undertake to abide by the terms mentioned in the MOU/Compromise Deed dated Date of MOU in their true letter and spirit.
5.That there is no unnecessary or improper delay in filing this petition.
6.That there is no legal impediment to granting the relief as prayed for in the petition.
7.That the contents of the annexed petition under Section 13B(1) of the Hindu Marriage Act, 1955, as amended up to date, have been drafted by my counsel as per my instructions; the contents thereof have been duly read and understood by me, and after fully understanding the same, I state that the facts stated therein are true and correct to my knowledge.
8.That the facts stated in the petition may kindly be read as part and parcel of the present affidavit, as the contents thereof have not been reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION
I, the above-named deponent, verify on solemn affirmation that the contents of the above affidavit from paragraph No. 1 to 8 are true to my knowledge, that no part of it is false and that nothing material has been concealed therefrom.
Verified at Place of verification on Date of verification.
DEPONENT
IN THE COURT OF Name of the Family Court
H.M.A. PETITION NO. HMA petition number OF Year of the petition
IN THE MATTER OF:
Petitioner 1's name: PETITIONER NO. 1
AND
Petitioner 2's name: PETITIONER NO. 2
AFFIDAVIT OF PETITIONER NO. 2
Affidavit of Mrs. Wife's name, D/o Sh. Wife's father's name, R/o Wife's address, who hereby solemnly affirms and declares as under:
1.That I am Petitioner No. 2 in the above-named matter; I am well conversant with the facts of the case and am competent to swear the present affidavit.
2.That the marriage of the deponent with Petitioner No. 1 was solemnised according to Rites and customs of the marriage and ceremonies held on Date of marriage at Place of marriage.
3.That the deponent has been residing separately since Date wife started residing separately on account of temperamental differences.
4.That on account of differences of opinion and temperamental incompatibility between Petitioner No. 1 and Petitioner No. 2, the deponent and Petitioner No. 1 have been living separately since Date of separation. Despite the intervention of common friends and relations, the Petitioners were unable to reconcile their differences, and the parties have agreed to dissolve their marriage by obtaining a decree of divorce by mutual consent. All efforts at reconciliation have failed.
5.That I undertake to abide by the terms mentioned in the MOU/Compromise Deed dated Date of MOU in their true letter and spirit.
6.That there is no unnecessary or improper delay in filing this petition.
7.That there is no legal impediment to granting the relief as prayed for in the petition.
8.That the contents of the annexed petition under Section 13B(1) of the Hindu Marriage Act, 1955, as amended up to date, have been drafted by my counsel as per my instructions; the contents thereof have been duly read and understood by me, and after fully understanding the same, I state that the facts stated therein are true and correct to my knowledge.
9.That the facts stated in the petition may kindly be read as part and parcel of the present affidavit, as the contents thereof have not been reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION
I, the above-named deponent, verify on solemn affirmation that the contents of the above affidavit from paragraph No. 1 to 9 are true to my knowledge, that no part of it is false and that nothing material has been concealed therefrom.
Verified at Place of verification on Date of verification.
DEPONENT
IN THE COURT OF Name of the Family Court
H.M.A. PETITION NO. HMA petition number OF Year of the petition
IN THE MATTER OF:
Petitioner 1's name: PETITIONER NO. 1
AND
Petitioner 2's name: PETITIONER NO. 2
AFFIDAVIT-CUM-UNDERTAKING TO ABIDE BY THE SETTLEMENT, IN VIEW OF THE JUDGMENT PASSED BY THE HON'BLE HIGH COURT OF DELHI IN THE MATTER OF "SH. Judgment party's name" DATED Date of High Court judgment
Affidavit of Mr. Husband's name, S/o Sh. Husband's father's name, aged about Husband's age years, R/o Husband's address, who hereby solemnly affirms and declares as under:
1.That I am Petitioner No. 1 (husband) in the present petition and, as such, I am well conversant with the facts and circumstances of the case and am competent to swear this affidavit.
2.That the deponent was married to Petitioner No. 2 on Date of marriage at Place of marriage according to Rites and customs of the marriage.
3.That after the marriage, both the parties to this petition started living together as husband and wife and resided together until Date parties last lived together; however, no child was born out of the said wedlock.
4.That owing to differences in opinions and temperaments between Petitioner No. 1 and Petitioner No. 2, I, the deponent, and Petitioner No. 2 have been living separately since Date of separation. Despite the intervention of common friends and relations, the Petitioners were unable to reconcile their disputes, and the parties agreed to dissolve their marriage by obtaining a decree of divorce by mutual consent. All efforts at reconciliation have failed.
5.That Petitioner No. 2 and I have already settled all claims regarding stridhan, maintenance, belongings and articles between ourselves by way of an MOU/Compromise Deed dated Date of MOU, and I shall not file any fresh or separate claim petition, complaint or other proceedings against Petitioner No. 2 in respect of the matrimonial disputes. The matter has been settled between Petitioner No. 2 and me in accordance with the MOU/Compromise Deed dated Date of MOU and upon the following terms:-
i.It has been agreed between the parties that the Petitioners shall not claim any stridhan, dowry articles, or past, present or future alimony and maintenance, etc., from each other except as mentioned in the MOU dated Date of MOU. I and my family members shall raise no claim of whatsoever nature relating to the marriage against Petitioner No. 2 and her family members.
ii.That after obtaining a divorce by mutual consent from the matrimonial court and upon fulfilment of the terms of the MOU dated Date of MOU, I undertake that I shall not institute any case of any kind, whether matrimonial, civil or criminal, relating to jewellery, dowry, stridhan, maintenance (past, present and future), permanent alimony or any other claim, in any court of law or before any police authority against Petitioner No. 2, her family members or other relations in future in respect of the matrimonial disputes, whether in India or abroad. I further undertake that I shall have no right, claim or interest in the movable or immovable properties, whether self-acquired or inherited, of Petitioner No. 2 or any of her family members or relations, nor in their respective businesses or service benefits, and that no party shall interfere in the personal or professional life of the other party.
iii.That after the decree of divorce is granted by the concerned matrimonial court, both the Petitioners undertake not to institute any case of any kind, whether civil, criminal or matrimonial, against each other, their parents or relations, in any court of law or before any authority or police station, in any manner whatsoever, except on account of a breach of the aforesaid MOU/Compromise Deed.
6.That it has been assured by both the parties that neither of them has raised, and neither of them shall raise, any claim in respect of the movable and/or immovable properties, goods and assets of the other or of their respective parents/family members.
7.That as the parties hereto have no grievance remaining against each other, they have further undertaken that they shall not level any allegations against each other or against each other's parents/relatives, nor act in any manner so as to harm the reputation and image of the other, in the family or in society at large.
8.That the parties to the petition have taken the decision to sever their matrimonial ties keeping in view their own welfare and better prospects in life.
9.That it is agreed between the parties that, in the event of a breach of the undertaking given to the concerned court or of a wilful or deliberate violation of the consent order/decree, the defaulting party shall be liable to be punished for contempt of court.
10.That the Petitioners are fully satisfied with the present arrangement and shall therefore not file any claim of any nature whatsoever in future, including any claim for maintenance or permanent alimony, against each other or their respective family members.
11.That if either of the Petitioners has filed any complaint, not within the knowledge of either of the Petitioners, in any court of law, police station or other authority, whether in New Delhi or in any other part of India, the same shall be deemed to have been compromised and withdrawn and shall have no legal effect.
12.That in the event of any breach, violation or wilful or deliberate disobedience of the terms of the MOU dated Date of MOU, I shall be liable to be punished for contempt of court.
13.I undertake to abide by the stipulations contained in the judgment dated Date of High Court judgment passed by the Hon'ble High Court of Delhi in the matter of "Judgment party's name" in Cont. Case (C) Contempt case number.
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 a decree of divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act, 1955, and that the contents thereof are correct to the best of my knowledge and belief and no part thereof is false.
17.I say that the contents of the accompanying petition may be read as part of this affidavit, as they are not repeated herein for the sake of brevity.
18.That there has been no unnecessary or improper delay in instituting the present petition.
19.That Petitioner No. 2 (wife) is residing at Petitioner 2's address, which is within the jurisdiction of this Hon'ble Court. This Hon'ble Court therefore has jurisdiction to entertain and try this petition.
DEPONENT
VERIFICATION:
Verified at Place of verification on this Date of verification day of Month and year of verification upon solemn affirmation, and I state that the contents of my above affidavit are true and correct, and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURTS, Family court district and venue
H.M.A. PETITION NO. HMA petition number OF 2024
IN THE MATTER OF: -
Petitioner 1's name: PETITIONER NO. 1
AND
Petitioner 2's name: PETITIONER NO. 2
AFFIDAVIT-CUM-UNDERTAKING TO ABIDE BY THE SETTLEMENT, IN VIEW OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF DELHI IN THE MATTER OF "Judgment party's name" DATED Date of High Court judgment
Affidavit of Mrs. Wife's name, aged about Wife's age years, R/o Wife's address, Wife's locality/area of residence, who does 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 and competent to swear this affidavit.
2.That the deponent was married to Petitioner No. 1 on Date of marriage at Place of marriage according to Sikh rites and customs.
3.That after the marriage, both the parties to this petition started living together as husband and wife and resided together until Date parties last lived together; however, no child was born out of the said wedlock.
4.That owing to differences in opinions and temperaments between Petitioner No. 1 and Petitioner No. 2, I, the deponent, and Petitioner No. 1 have been living separately since Date of separation. Despite the intervention of common friends and relations, the Petitioners were unable to reconcile their disputes, and the parties agreed to dissolve their marriage by obtaining a decree of divorce by mutual consent. All efforts at reconciliation have failed.
5.That Petitioner No. 1 and I have already settled all claims regarding stridhan, maintenance, belongings and articles between ourselves by way of an MOU/Compromise Deed dated Date of MOU, and I shall not file any fresh or separate claim petition, complaint or other proceedings against Petitioner No. 1 in respect of the matrimonial disputes. The matter has been settled between Petitioner No. 1 and me in accordance with the MOU dated Date of MOU and upon the following terms:-
i.It has been agreed between the parties that the Petitioners shall not raise any claim towards stridhan, dowry articles, or past, present and future alimony and maintenance, etc., against each other, except as provided in the MOU dated Date of MOU. I and my family members shall raise no claim whatsoever in respect of the marriage against the Petitioner No. 1 and his family members.
ii.That after obtaining the decree of divorce by mutual consent from the matrimonial court and upon fulfilment of the terms of the MOU dated Date of MOU, I undertake that I shall not institute any case, whether matrimonial, civil or criminal, in respect of jewellery, dowry, stridhan, maintenance (present, past and future), permanent alimony or any other claim, before any court of law or police authorities, against the Petitioner No. 1, his family members or other relations, in future, in connection with their matrimonial disputes, either in India or abroad. I further undertake that I shall have no right, claim or interest in the movable and immovable properties, whether self-acquired or inherited, of the Petitioner No. 1 or any of his family members or relations, or in their respective businesses and service benefits, and that no party shall interfere in the personal as well as professional life of the other party.
iii.That after the grant of the decree of divorce by the concerned matrimonial court, both the Petitioners undertake not to institute any case, whether civil, criminal or matrimonial, against each other, their parents or relations, in any court of law or before any authorities or police stations, in any manner whatsoever, except on account of a breach of the aforesaid Deed.
6.That it has been assured by both the parties that none of them has raised, and none of them shall raise, any claim in respect of any movable and/or immovable properties, goods and assets of the other party or of their respective parents/family members.
7.That as the parties hereto have no grievance left against each other, they have further undertaken that they shall not make any allegations against each other or against each other’s parents/relatives, and shall not act in any manner so as to harm the reputation and image of the other, in the family or in society at large.
8.That the parties to the petition have taken a decision to dissolve their matrimonial ties, keeping in view their further welfare and better prospects.
9.That it is agreed between the parties that, in the event of a breach of the undertaking given to the concerned court or of a wilful/deliberate violation of the consent order/decree, the defaulting party shall be liable to be punished for contempt of court.
10.That the Petitioners are fully satisfied with the present arrangement and, as such, they shall not file any claim of any nature whatsoever in future, including any 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 within the knowledge of either of the Petitioners, in any court of law, before the police or before any other authority, whether at City where complaints may have been filed or in any part of India, the same shall be deemed to have been compromised and withdrawn, and shall have no legal effect.
12.That in case of any breach, violation or wilful/deliberate disobedience of the terms of the MOU dated Date of MOU, I shall be liable to be punished for contempt of court.
13.I undertake to abide by the stipulations 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 the 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 a decree of divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act, 1955, and that the contents thereof are correct to the best of my knowledge and no part thereof is false.
17.I say that the contents of the accompanying petition may be read as part of this affidavit, as the same are not being repeated herein for the sake of brevity.
18.That there has been no unnecessary or improper delay in instituting the present petition.
19.That I am residing at Petitioner 2's address, which is within the jurisdiction of this Hon’ble Court. Hence, this Hon’ble Court has jurisdiction to entertain and try this petition.
DEPONENT
VERIFICATION:
Verified at Place of verification on this Date of verification day of Month and year of verification, on solemn affirmation, and I state that the contents of my above affidavit are true and correct and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURTS, Name of the Family Court
H.M.A. PETITION NO. HMA petition number OF Year of the petition
IN THE MATTER OF: -
Petitioner 1's name: PETITIONER NO. 1
AND
Petitioner 2's name: PETITIONER NO. 2
INDEX
| 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 Date of MOU. |
| 7. | AFFIDAVIT-CUM-UNDERTAKING OF BOTH THE PETITIONERS TO ABIDE BY THE SETTLEMENT, IN VIEW OF THE JUDGMENT PASSED BY THE HON’BLE HIGH COURT OF DELHI DATED Date of High Court judgment IN THE MATTER OF “SH. Judgment party 1's name VERSUS Judgment party 2's name”. |
| 8. | VAKALATNAMAS. |
PETITIONER NO. 1
THROUGH
Petitioner 1's advocate's namePetitioner 2's advocate's name
ADVOCATEADVOCATES
Mo: Petitioner 1's advocate's mobile numberMo: Petitioner 2's advocate's mobile number
Email:Email:
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURTS, Name of the Family Court
H.M.A. PETITION NO. HMA petition number OF Year of the petition
IN THE MATTER OF: -
Petitioner 1's name: PETITIONER NO. 1
AND
Petitioner 2's name: PETITIONER NO. 2
MEMO OF PARTIES
Petitioner 1's name
Petitioner 1's address: PETITIONER No. 1
A N D
Petitioner 2's name,
Petitioner 2's address: PETITIONER No. 2
Petitioner 1's advocate's namePetitioner 2's advocate's name
ADVOCATEADVOCATES
Petitioner 1's advocate's chamber numberPetitioner 2's advocate's chamber number
Mo: Petitioner 1's advocate's mobile numberMob. No.: Petitioner 2's advocate's mobile number
Email:Email:
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURTS, Name of the Family Court
H.M.A. PETITION NO. HMA petition number OF Year of the petition
IN THE MATTER OF: -
Petitioner 1's name: PETITIONER No. 1
A N D
Petitioner 2's name: 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 SHOWETH: -
1.That the marriage between the parties (Petitioners herein) to the present petition was solemnized on Date of marriage at Place of marriage in accordance with the Customs and ceremonies of the marriage rites and ceremonies. Necessary affidavits to this effect are filed herewith. A copy of the marriage photograph is annexed herewith as Annexure P-1.
2.That the status, age and place of residence of the parties to the present petition, before the marriage and at the time of filing the present petition, are as under:-
AT THE TIME OF MARRIAGE
| HUSBAND | WIFE |
| Status | Age | Place of Residence | Status | Age | Place of Residence |
| Hindu; Unmarried | Husband's age at marriage | Husband's address at marriage | Hindu; Unmarried | Wife's age at marriage | Wife's address at marriage |
AT THE TIME OF FILING OF THIS PETITION
| HUSBAND | WIFE |
| Status | Age | Place of Residence | Status | Age | Place of Residence |
| Hindu; Married | Husband's age at filing | Husband's address at filing | Hindu; Married | Wife's age at filing | Wife's address at filing |
3.That Petitioner No. 1 and Petitioner No. 2 are Hindus by birth and profess the Hindu faith. Copies of the identity 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 husband and wife, and the parties resided together until Date parties last lived together. However, no child was born out of the said wedlock.
5.That owing to differences in temperament and behaviour between Petitioner No. 1 and Petitioner No. 2, they were unable to live together as husband and wife, and have been living separately from each other since Date of separation.
6.That all efforts at reconciliation made by the family members, relatives and friends of both the parties have failed, and there is no possibility of reconciliation between them in future. The parties have, therefore, finally decided to obtain a divorce by 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 the 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 Date of MOU. That the contents of the said MOU / compromise may be read as part and parcel of the present petition. A copy of the MOU dated Date of MOU is annexed herewith and marked as Annexure P-3.
9.That Petitioner No. 2 has settled all her claims in respect of stridhan and of past, present and future maintenance and permanent alimony.
10.That on the date of execution of the MOU, both the Petitioners agreed and undertook to sign and file the present First Motion Petition under Section 13B(1) of the Hindu Marriage Act, 1955, before this Hon'ble Court seeking divorce. Both the Petitioners further undertake to cooperate with each other for its presentation and to make statements before this Hon'ble Court to that effect. Hence, the present petition.
11.That it is further agreed between the Petitioners that they shall 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 the statutory period of 6 (six) months from the date of the order/decree of the First Motion, OR, before the expiry of the said period of 6 (six) months with the permission of the Hon'ble Court (as and when allowed). It is hereby agreed and undertaken by both the Petitioners to jointly file an application for waiver of the statutory period of 6 (six) months, in view of the age of the parties and the absence of any chance of reconciliation between them; however, in case the Hon'ble Court does not permit waiver of the statutory period of 6 (six) months, Petitioner No. 2 agrees and undertakes not to raise any demand for maintenance, in any manner whatsoever. Both the Petitioners undertake to cooperate with each other for the presentation of the aforesaid petition and to make statements before the Hon'ble Court to that effect.
12.That the Petitioners shall not withdraw their consent for obtaining the divorce by mutual consent until such divorce is granted, and both the Petitioners have surrendered their right to withdraw such consent.
13.That after obtaining the divorce by mutual consent, both the Petitioners undertake that they shall not interfere in the future life of each other or of their respective family members, relatives and friends, and shall not claim any interest in the movable and immovable properties or business of either Petitioner or their family members. Both the Petitioners shall not make any correspondence, complaints or the like against each other to any family member, relative or friend of either Petitioner, or before any authority, police authority or 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 through social media.
14.That it is further agreed between the Petitioners that they shall be bound to uphold their respective obligations under the MOU dated Date of MOU, and the party resiling from the MOU shall be liable to proceedings under The Contempt of Courts Act, 1971.
15.That both the parties undertake to remain bound by the terms of the settlement.
16.That the parties to the present petition have further undertaken that they shall not level any allegations against each other or against the family members of each other, or act in any manner so as to harm the reputation and image of the other party to the present petition or their relatives in society at large.
17.That there is no legal impediment for which the relief sought can be denied to the Petitioners. It is further submitted that no other efficacious remedy is available to the parties for dissolution of the marriage except by way of the present petition.
18.That the present petition has been filed by both the parties before this Hon'ble Court with their free consent.
19.That there has been 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 Petitioner No. 2 is residing at Petitioner 2's address, which is within the jurisdiction of this Hon'ble Court. Hence, this Hon'ble Court has jurisdiction to entertain and try this petition.
23.That the appropriate court fee for the purposes of court fee and jurisdiction has been affixed hereto.
PRAYER:-
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly grant the First Motion and pass a decree of divorce by mutual consent under Section 13B(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 may also be passed/granted in favour of the Petitioners.
Petitioner 1's advocate's namePetitioner 2's advocate's name
ADVOCATEADVOCATE
Petitioner 1's advocate's chamber numberMOB. NO. Petitioner 2's advocate's mobile number
NEW DELHIEMAIL: Petitioner 2's advocate's email
MOB. NO. Petitioner 1's advocate's mobile number
EMAIL: Petitioner 1's advocate's email address
VERIFICATION:-
We, the above-named Petitioners, do hereby verify on solemn affirmation that the contents of the above petition from paragraph No. 1 to ..... are true to our knowledge, and those from paragraph No. ..... to ..... are true on information received and believed to be true, while the last paragraph is a prayer to this Hon'ble Court.
Verified at Place of verification on this Date of verification day of Month of verification, Year of verification.
PETITIONER NO.1PETITIONER NO.2
IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURTS, Family court district and complex
City where the family court is located.
H.M.A. PETITION NO. HMA petition number OF Year of the petition
IN THE MATTER OF:
Petitioner 1's name: PETITIONER NO.1
AND
Petitioner 2's name: PETITIONER NO.2
AFFIDAVIT
Affidavit of Mr. Husband's name, S/o Sh. Husband's father's name, aged about Husband's age years, R/o Husband's address, do hereby solemnly affirm and declare as under:-
1.That I am the Petitioner No. 1 in the above-named matter, am well conversant with the facts and circumstances of the case, and am competent to swear the present affidavit.
2.That the marriage of the deponent with the Petitioner No. 2 was solemnised according to Sikh rites and ceremonies on Date of marriage at Place of marriage.
3.That due to differences in opinion and temperamental incompatibility between the Petitioner No. 1 and the Petitioner No. 2, the deponent and the Petitioner No. 2 have been living separately since Date of separation. Despite the intervention of common friends and relations, the Petitioners were not able to reconcile their differences, and the parties have agreed to dissolve their marriage by obtaining a decree of divorce by mutual consent. All efforts at reconciliation have failed.
4.That I undertake to abide by the terms mentioned in the MOU / Compromise Deed dated Date of MOU in their true letter and spirit.
5.That there is no unnecessary or improper delay in filing the present petition.
6.That there is no legal impediment to the grant of 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 up to date, have been drafted by my counsel as per my instructions; the contents thereof have been duly read over and explained to me and have been understood by me, and, after fully understanding the same, I state that the facts stated therein are true and correct to my knowledge.
8.That the facts stated in the petition may kindly be read as part and parcel of the present affidavit, as the contents thereof 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 paragraph No. 1 to paragraph No. 8, are true to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.
Verified at Place of verification on Date of verification, Month of verification, Year of verification.
DEPONENT
IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURTS, Family court district and complex
City where the family court is located.
H.M.A. PETITION NO. HMA petition number OF Year of the petition
IN THE MATTER OF:
Petitioner 1's name: PETITIONER NO.1
AND
Petitioner 2's name: PETITIONER NO.2
AFFIDAVIT
Affidavit of Mrs. Wife's name, D/o Sh. Wife's father's name, aged about Wife's age years, R/o Wife's address, do hereby solemnly affirm and declare as under:-
1.That I am the Petitioner No. 2 in the above-named matter, am well conversant with the facts and circumstances of the case, and am competent to swear the present affidavit.
2.That the marriage of the deponent with the Petitioner No. 1 was solemnised according to Sikh rites and ceremonies on Date of marriage at Place of marriage.
3.That the deponent has been residing separately since Date wife started residing separately on account of temperamental differences.
4.That due to differences in opinion and temperamental incompatibility between the Petitioner No. 1 and the Petitioner No. 2, the deponent and the Petitioner No. 1 have been living separately since Date of separation. Despite the intervention of common friends and relations, the Petitioners were not able to reconcile their differences, and the parties have agreed to dissolve their marriage by obtaining a decree of divorce by mutual consent. All efforts at reconciliation have failed.
5.That I undertake to abide by the terms mentioned in the MOU / Compromise Deed dated Date of MOU in their true letter and spirit.
6.That there is no unnecessary or improper delay in filing the present petition.
7.That there is no legal impediment to the grant of the relief as prayed for in the petition.
8.That the contents of the annexed petition under Section 13-B(1) of the Hindu Marriage Act, 1955, as amended up to date, have been drafted by my counsel as per my instructions; the contents thereof have been duly read over and explained to me and have been understood by me, and, after fully understanding the same, I state that the facts stated therein are true and correct to my knowledge.
9.That the facts stated in the petition may kindly be read as part and parcel of the present affidavit, as the contents thereof 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 paragraph No. 1 to paragraph No. 9, are true to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.
Verified at Place of verification on Date of verification, Month of verification, Year of verification.
DEPONENT
IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURTS, Family court district and complex
City where the family court is located.
H.M.A. PETITION NO. HMA petition number OF Year of the petition
IN THE MATTER OF:
Petitioner 1's name: PETITIONER NO.1
AND
Petitioner 2's name: PETITIONER NO.2
AFFIDAVIT-CUM-UNDERTAKING TO ABIDE BY THE SETTLEMENT, IN VIEW OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF DELHI IN THE MATTER OF "SH. Husband's name" DATED Date of the High Court judgment.
Affidavit of Mr. Husband's name, S/o Sh. Husband's father's name, aged about Husband's age years, R/o Husband's address, do hereby solemnly affirm and declare as under:-
1.That I am the Petitioner No. 1 (husband) in the present petition and, as such, am well conversant with the facts and circumstances of the case and competent to swear this affidavit.
2.That the deponent was married to the Petitioner No. 2 on Date of marriage at Place of marriage according to Sikh rites and customs.
3.That after the marriage, both the parties to this petition started living together as husband and wife and resided together until Date of separation; however, no child was born out of the said wedlock.
4.That due to differences in opinion and temperamental incompatibility between the Petitioner No. 1 and the Petitioner No. 2, the deponent and the Petitioner No. 2 have been living separately since Date of separation. Despite the intervention of common friends and relations, the Petitioners were not able to reconcile their differences, and the parties have agreed to dissolve their marriage by obtaining a decree of divorce by mutual consent. All efforts at reconciliation have failed.
5.That the Petitioner No. 2 and I have already settled all claims with respect to stridhan, maintenance, belongings and articles by way of the MOU / Compromise Deed dated Date of MOU, and I shall not institute any fresh or separate claim petition, complaint or other proceedings against the Petitioner No. 2 in respect of the matrimonial disputes. The matter stands settled between the Petitioner No. 2 and me in accordance with the MOU / Compromise Deed dated Date of MOU and on the following terms:-
i.It has been agreed between the parties that the Petitioners shall not raise any claim towards stridhan, dowry articles, or past, present and future alimony and maintenance, etc., against each other except as provided in the MOU dated Date of MOU. Neither I nor my family members shall raise any claim whatsoever arising out of the marriage against the Petitioner No. 2 or her family members.
ii.That after obtaining the decree of divorce by mutual consent from the matrimonial court and upon fulfilment of the terms of the MOU dated Date of MOU, I undertake that I shall not institute any case of any kind, whether matrimonial, civil or criminal, concerning jewellery, dowry, stridhan, maintenance (past, present and future), permanent alimony or any other claim, in any court of law or before police authorities, against the Petitioner No. 2, her family members or other relations in future in respect of their matrimonial disputes, either in India or abroad. I further undertake that I shall have no right, claim or interest in the movable and immovable properties, whether self-acquired or inherited, of the Petitioner No. 2 or of any of her family members or relations, nor in their respective businesses and service benefits, besides an undertaking that neither party shall interfere in the personal or 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 Details, breach, violation of any of the terms of the MOU dated Details, 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 Details passed by the Hon’ble High Court of Delhi in the matter of “Details” in Cont. Case (C) Details.
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 Details 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 Details 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
IN THE COURT OF LD. PRINCIPAL JUDGE; FAMILY COURTS, DIST. EAST, KARKARDOOMA COURTS,
DELHI.
H.M.A PETITION NO. Details OF 2024.
IN THE MATTER OF: -
Details: PETITIONER NO.1
AND
Details: PETITIONER NO.2
AFFIDAVIT-CUM UNDERTAKING TO ABIDE WITH THE SETTLEMENT, IN VIEW OF THE MATTER OF “Details” JUDGMENT PASSED BY THE HON’BLE HIGH COURT OF DELHI DATED Details
Affidavit of Mrs. Details, aged about Details years, R/o Details, 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 Details 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 Details 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 Details. 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 Details 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 Details 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 Details. 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 Details, 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.
AFFIDAVIT IN SUPPORT OF FIRST MOTION
9.That it is agreed between the parties that in the event of a breach of the undertaking given to the concerned Court, or of any wilful or deliberate violation of the consent order or decree, the defaulting party shall be liable to be punished for contempt of Court.
10.That the petitioners are fully satisfied with the present arrangement and, as such, they shall not institute any claim of any nature whatsoever in future, including any claim for maintenance, permanent alimony or the like, against each other or against their respective family members.
11.That if either of the petitioners has filed any complaint, which is not within the knowledge of either of the petitioners, in any court of law, before the police, or before any other authority, whether in City where complaint may have been filed or in any other part of India, the same shall be deemed to have been compromised and withdrawn and shall have no legal effect.
12.That in the event of any breach or violation of, or any wilful or deliberate disobedience of, the terms of the MOU dated Details, I shall be liable to be punished for contempt of Court.
13.I undertake to abide by the stipulations contained in the judgment dated Date of the High Court judgment passed by the Hon'ble High Court of Delhi in the matter of "Title of the contempt case (e.g., "X Vs Y")" in Contempt case number.
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 a decree of divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act, 1955, and the contents thereof are correct to the best of my knowledge and belief, and no part thereof is false.
17.I say that the contents of the accompanying petition may be read as part and parcel of this affidavit, as the same are not being repeated herein for the sake of brevity.
18.That there has been no unnecessary or improper delay in instituting the present petition.
19.That I am residing at Details, which is within the jurisdiction of this Hon'ble Court. This Hon'ble Court therefore has jurisdiction to entertain and try the present petition.
DEPONENT
VERIFICATION:
Verified at Place of verification on this Day of verification day of Month and year of verification, on solemn affirmation, and I state that the contents of my above affidavit are true and correct, that nothing material has been concealed therefrom, and that the same may be relied upon by this Hon'ble Court.
DEPONENT