IN THE COURT OF Ld. PRINCIPAL JUDGE, FAMILY COURTS, DIST. WEST, TIS HAZARI COURTS, DELHI
H.M.A. PETITION NO. HMA petition number OF Year of the petition
IN THE MATTER OF:
Petitioner No.1's name: PETITIONER NO. 1
AND
Petitioner No.2's name: PETITIONER NO. 2
INDEX
| S.NO. | PARTICULARS | PAGES |
|---|
| 1. | MEMO OF PARTIES. | |
| 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. | |
| 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 the MOU. | |
| 7. | ANNEXURE P-4 (COLLY): CERTIFIED COPIES OF JUDGMENT, STATEMENTS AND ORDER PASSED BY THIS HON'BLE COURT IN THE FIRST MOTION PETITION. | |
| 8. | 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 15.05.2018 IN THE MATTER OF "SH. RAJAT GUPTA VERSUS RUPALI GUPTA". | |
| 9. | APPLICATION FOR WAIVER OF THE STATUTORY WAITING PERIOD OF SIX MONTHS, ALONG WITH AFFIDAVITS IN SUPPORT. | |
PETITIONER NO. 1PETITIONER NO. 2
THROUGH
Advocate's name
ADVOCATE
Advocate's address line 1
Advocate's address line 2
Email:
Mob. Advocate's mobile number
IN THE COURT OF Ld. PRINCIPAL JUDGE, FAMILY COURTS, DIST. WEST, TIS HAZARI COURTS, DELHI
H.M.A. PETITION NO. HMA petition number OF Year of the petition
IN THE MATTER OF:
Petitioner No.1's name: PETITIONER NO. 1
AND
Petitioner No.2's name: PETITIONER NO. 2
MEMO OF PARTIES
Petitioner No.1's name
S/o Petitioner No.1's father's name
R/o Petitioner No.1's address: PETITIONER NO. 1
AND
Petitioner No.2's name
D/o Petitioner No.2's father's name
R/o Petitioner No.2's address: PETITIONER NO. 2
PETITIONER NO. 1PETITIONER NO. 2
THROUGH
Advocate's name
ADVOCATE
Advocate's address line 1
Advocate's address line 2
Email:
Mob. Advocate's mobile number
IN THE COURT OF Ld. PRINCIPAL JUDGE, FAMILY COURTS, DIST. WEST, TIS HAZARI COURTS, DELHI
H.M.A. PETITION NO. HMA petition number OF Year of the petition
IN THE MATTER OF:
Petitioner No.1's name
S/o Petitioner No.1's father's name
R/o Petitioner No.1's address: PETITIONER NO. 1
AND
Petitioner No.2's name
D/o Petitioner No.2's father's name
R/o Petitioner No.2's address: 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
The First Motion was allowed by Sh. Name of judge who allowed first motion, Ld. Principal Judge, Family Court, Dist. West, Tis Hazari Courts, Delhi, vide order dated Date of order allowing first motion in HMA No. First motion HMA petition number of Year of the first motion petition.
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 Hindu 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
| Status | Age | Place of Residence | Status | Age | Place of Residence |
| Hindu; Unmarried | Husband's age at marriage Yrs | Husband's residence at marriage | Hindu; Unmarried | Wife's age at marriage Yrs | Wife's residence at marriage |
AT THE TIME OF FILING OF THIS PETITION
| Status | Age | Place of Residence | Status | Age | Place of Residence |
| Hindu; Married | Husband's age at filing Yrs | Husband's residence at filing | Hindu; Married | Wife's age at filing Yrs | Wife's residence 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 about Date of separation; 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 could not live together for long as husband and wife, and have been living separately from each other since about 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 the MOU. 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 the MOU is annexed herewith and marked as Annexure P-3.
9.That Petitioner No. 2 has settled all her claims in respect of her Istridhan and of past, present and future maintenance and permanent alimony. Petitioner No. 2 has agreed that she has already taken all her Istridhan, including jewellery, clothes and all other belongings/items, and that nothing remains with Petitioner No. 1. Upon receiving the aforesaid alimony, Petitioner No. 2 shall refrain from asserting any further claims regarding her Istridhan or any other articles from Petitioner No. 1 or his family members.
10.It has been settled between the Petitioners that Petitioner No. 1 shall pay an amount of Rs. Amount of permanent alimony (₹)/- (Alimony amount in words Only) as permanent alimony, i.e., a full and final settlement towards all claims against Petitioner No. 1 and his family, and upon receiving the same, Petitioner No. 2 shall have no monetary claims against Petitioner No. 1 or his family members in respect of any movable or immovable assets. On the date of execution of the MOU, both the Petitioners agreed and undertook to perform the following acts:
(a)That Petitioner No. 2 shall withdraw, by way of a written application or otherwise, the Complaint filed under Section 12 of the Domestic Violence Act against Petitioner No. 1 and his family members, which is pending adjudication before the Hon'ble Court of Name of MM court for DV Act complaint, M.M., Tis Hazari Courts, Delhi, titled as Title of DV Act complaint.
(b)That Petitioner No. 2 shall withdraw, by way of a written application or otherwise, the Complaint filed by Petitioner No. 2 before the Forum of wife's pending complaint, Location of that complaint forum, which is pending and was listed for Date fixed for the pending complaint.
(c)That Petitioner No. 2 shall withdraw, by way of a written application or otherwise, the Complaint filed by Petitioner No. 2 under Section 200 Cr.P.C., along with the application under Section 156(3) Cr.P.C., against Petitioner No. 1, which is pending disposal before the Hon'ble Court of Name of MM court for wife's CrPC complaint, M.M., Tis Hazari Courts, Delhi, and which is fixed for Date fixed for the CrPC complaint hearing.
d.That Petitioner No. 1 shall withdraw, by way of a written application or otherwise, the complaint filed by Petitioner No. 1 under Section 200 Cr.P.C., along with the application under Section 156(3) Cr.P.C., against Petitioner No. 2, which is pending disposal before the Hon'ble Court of Name of MM court for husband's CrPC complaint, Designation and location of the MM court, and which is fixed for Date fixed for the CrPC complaint hearing.
The Petitioners undertake to withdraw all the above proceedings/litigation within a period of 15 days, immediately after the grant of the Decree of Divorce in the First Motion proceedings by this Hon'ble Court.
e.That Petitioner No. 2 undertakes to thoroughly review and check all social media platforms on which she and her family members/friends have posted any defamatory content against Petitioner No. 1 and his family members/friends, and further undertakes to remove, delete or take all necessary actions required for taking down such defamatory content, to the satisfaction of Petitioner No. 1, from the internet, website(s) and all social media platforms, including but not limited to Facebook, X (formerly known as Twitter), WhatsApp groups, Google reviews, community groups on social media platforms, Instagram, LinkedIn and Snapchat, etc., prior to the First Motion. Petitioner No. 2 further undertakes not to post any content, comments, posts or stories about Petitioner No. 1, his relatives, or any businesses or jobs related to Petitioner No. 1 and his relatives, in the future. Even after obtaining the final decree of divorce from the Court, should Petitioner No. 1 and/or his relatives/friends come across any content, posts, comments or stories on the internet, websites or social media platforms, posted by Petitioner No. 2 and/or her relatives/friends regarding Petitioner No. 1, Petitioner No. 2 undertakes to delete, or cause to be deleted, any such posts relating to Petitioner No. 1 within 7 days of receiving information thereof from Petitioner No. 1 through his counsel.
f.That the First Motion Petition under Section 13B(1) was amicably filed before this Hon'ble Court within 15 days of the signing of the MoU. A draft of ₹First draft amount (₹)/- (First draft amount in words only), by way of Demand Draft bearing No. First draft number dated Date of the first demand draft, drawn on Bank on which first draft drawn, was handed over by Petitioner No. 1 to Petitioner No. 2 after the recording of the statements of both parties on the date of the First Motion. The First Motion was allowed by Name of judge who allowed first motion, Ld. Principal Judge, Family Court, Dist. West, Tis Hazari Courts, Delhi, vide order dated Date of order allowing first motion in HMA No. First motion HMA petition number. A copy of the judgment, statements and order in the First Motion Petition passed by the Hon'ble Court are annexed as Annexure P-4 (colly).
g.That Petitioner No. 1 and his family members also undertake to withdraw the complaint case under Section 200 Cr.P.C., along with the application under Section 156(3) Cr.P.C., against Petitioner No. 2, which is pending disposal before the Hon'ble Court of Name of MM court for husband's CrPC complaint, Designation and location of the MM court, and which is fixed for Date fixed for the CrPC complaint hearing.
h.That the Second Motion Petition shall be signed by both Petitioners after the grant of divorce at the First Motion. For the purposes of the Second Motion, both parties agree to jointly file an application for the waiver of the statutory period of six months prescribed under the Act, in accordance with the judgment in Amardeep Singh v. Harveen Kaur, Citation of Amardeep Singh v. Harveen Kaur, since the parties have been living separately for more than 18 months. A draft of ₹Second draft amount (₹)/- (Second draft amount in words only), by way of Demand Draft bearing No. Second draft number dated Date of second draft, drawn on Bank on which second draft drawn, shall be handed over by Petitioner No. 1 to Petitioner No. 2 after the recording of the statements of both parties on the date of the Second Motion for the decree of divorce. Both Petitioners undertake to cooperate with each other in the presentation of the aforesaid application/petition and to make statements before the Hon'ble Court for the same.
11.That the Petitioners shall not withdraw their consent for obtaining the divorce by mutual consent until the divorce by mutual consent is obtained, and both Petitioners have surrendered their right to withdraw such consent.
12.That after obtaining the divorce by mutual consent, both 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 or immovable properties or the business of either Petitioner or their family members. Both Petitioners shall not make any correspondence, complaints, etc., against each other with 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 Petitioners and their family members shall refrain from contacting or communicating with the other party, their relatives and friends, including through social media platforms.
13.That it is further agreed between the Petitioners that they shall remain bound to uphold their respective obligations under the MoU dated Date of the MoU, and the party resiling from the MoU shall be liable to proceedings under The Contempt of Courts Act, 1971.
14.That it is agreed that both parties shall remain bound by the terms of the settlement.
15.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 the other, nor act in any manner so as to harm the reputation and image of the other party or their relatives in society at large.
16.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 the dissolution of the marriage except by way of the present petition.
17.That the present petition has been filed by both parties with their free consent before the Hon'ble Court.
18.That there has been no unreasonable or improper delay in filing this petition.
19.That there is no impediment in granting the relief as prayed for in the petition.
20.That no such petition between the Petitioners is pending before any other court of law except the present one.
21.That Petitioner No. 2 is residing at Wife's address line 1 Wife's address line 2, which is within the jurisdiction of this Hon'ble Court. Hence, this Hon'ble Court has jurisdiction to entertain and try this petition.
22.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 Second Motion and pass a decree of divorce by mutual consent under Section 13B(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, may also be passed/granted in favour of the Petitioners.
PETITIONER NO. 1PETITIONER NO. 2
THROUGH
Advocate's name
ADVOCATE
Advocate's address line 1
Advocate's address line 2
Email:
Mob. 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, 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 Delhi on this Date of verification (petition) day of Month of verification, Year of verification.
PETITIONER NO. 1PETITIONER NO. 2
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURTS, DIST. WEST, TIS HAZARI COURTS, DELHI.
H.M.A. PETITION NO. HMA petition number OF 2024
IN THE MATTER OF:
Petitioner No.1's name: PETITIONER NO. 1
AND
Petitioner No.2's name: PETITIONER NO. 2
AFFIDAVIT OF PETITIONER NO. 1
I, Petitioner No.1's name (deponent), S/o Petitioner No.1's father's name, aged about Petitioner No.1's age years, R/o Petitioner No.1's address line 1 Petitioner No.1's address line 2, do hereby solemnly affirm and declare as under:
1.That I am Petitioner No. 1 in the above-named matter; I am fully 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 Hindu rites and ceremonies on Date of marriage at Place of marriage.
3.That owing to differences in opinion and temperament 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 have not been 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 / Compromise Deed 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 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 up to date, have been drafted by my counsel as per my instructions; I have duly read and understood the same, and after fully understanding its contents, I state that the facts stated therein are true and correct to my knowledge.
8.That the facts stated in the said petition may kindly be read as part and parcel of the present affidavit, as its contents 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 paragraphs 1 to 8 of the above affidavit 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 (husband's affidavit) on Date of verification (husband's affidavit).
DEPONENT
IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURTS, Family court district and venue
H.M.A. PETITION NO. HMA petition number OF 2024
IN THE MATTER OF:
Petitioner No.1's name: PETITIONER NO. 1
AND
Petitioner No.2's name: PETITIONER NO. 2
AFFIDAVIT OF PETITIONER NO. 2
I, Petitioner No.2's name (deponent), D/o Petitioner No.2's father's name, aged about Petitioner No.2's age years, do hereby solemnly affirm and declare as under:
1.That I am Petitioner No. 2 in the above-named matter; I am fully 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 Hindu rites and ceremonies on Date of marriage at Place of marriage.
3.That owing to temperamental differences, the deponent has been residing separately from Date of separation.
4.That owing to differences in opinion and temperament 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 have not been 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 / Compromise Deed 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 prayed for in the petition.
8.That the contents of the annexed petition under Section 13-B(2) of the Hindu Marriage Act, 1955, as amended up to date, have been drafted by my counsel as per my instructions; I have duly read and understood the same, and after fully understanding its contents, I state that the facts stated therein are true and correct to my knowledge.
9.That the facts stated in the said petition may kindly be read as part and parcel of the present affidavit, as its contents 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 paragraphs 1 to 9 of the above affidavit 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 (wife's affidavit) on Date of verification (wife's affidavit).
DEPONENT
IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURTS, Family court district and venue
H.M.A. PETITION NO. HMA petition number OF 2024
IN THE MATTER OF:
Petitioner No.1's name: PETITIONER NO. 1
AND
Petitioner No.2's name: PETITIONER NO. 2
AFFIDAVIT-CUM-UNDERTAKING TO ABIDE BY THE SETTLEMENT, IN VIEW OF THE DECISION IN "Citation of Rajat Gupta v. Rupali Gupta", PASSED BY THE HON'BLE HIGH COURT OF DELHI
I, Petitioner No.1's name (deponent), S/o Petitioner No.1's father's name, aged about Petitioner No.1's age years, R/o Petitioner No.1's address, 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 and 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 Hindu rites and customs.
3.That after the marriage, both 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 owing to differences in opinion and temperament 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 have not been 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 Petitioner No. 2 and I have already settled all claims regarding stridhan, maintenance, belongings and articles with each other by way of the MOU / Compromise Deed dated Date of MOU / Compromise Deed, and I shall not file any fresh or separate claim petition or any other complaint or 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 / Compromise Deed 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 / Compromise Deed. I and my family members shall raise no claim of whatsoever nature regarding the marriage against Petitioner No. 2 and 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 / Compromise Deed, I undertake that I shall not file any case of any kind, 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. 2, her family members or other relations in future qua 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. 2 or any of her family members and relations, or 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.
DEPONENT
iii.That after the grant of the decree of divorce by the concerned matrimonial court, both the Petitioners undertake not to file any case of any nature, 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 a breach of the aforesaid MOU/Compromise 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 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 dissolve their matrimonial ties keeping in view their further 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/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, before any court of law, police or any other authority, either 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/deliberate disobedience of the terms of the MOU dated Date of the MoU, or of any of the terms 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 15.05.2018 passed by the Hon'ble High Court of Delhi in the matter of "Rajat Gupta Vs. Rupali Gupta" in Cont. Case (C) 772/2013.
14.I say that the above petition is not presented in collusion with Petitioner No.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 (2) of the Hindu Marriage Act, 1955, and that the contents thereof are correct to the best of my knowledge and belief, and that 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 Petitioner No.2 (wife) is residing at Wife'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.
DEPONENT
VERIFICATION:
Verified at New Delhi on this Date of verification (husband's undertaking affidavit) day of May, 2024, on solemn affirmation, and I state that the contents of my above affidavit are true and correct, that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURTS, DIST. WEST, TIS HAZARI COURTS, DELHI.
H.M.A. PETITION NO.HMA petition number OF 2024.
IN THE MATTER OF: -
Petitioner No.1's name: PETITIONER NO.1
AND
Petitioner No.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 DATED 15.05.2018 IN THE MATTER OF "SH. RAJAT GUPTA VERSUS RUPALI GUPTA".
Affidavit of Petitioner No.2's name (deponent), aged about Petitioner No.2's age years, D/o Petitioner No.2's father's name, 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 Hindu rites and customs.
3.That after the marriage, both the parties to this petition lived together as husband and wife and resided together until Date of separation; however, no child was born out of the said wedlock.
4.That owing to differences in opinion and temperament 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 disputes, 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/articles between ourselves by way of MOU/Compromise dated Date of the MoU, and I shall not file any fresh or separate claim petition, complaint or other proceedings qua the matrimonial disputes. The matter has been settled between us in accordance with the MOU dated Date of the 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. from each other, except as mentioned in the MOU dated Date of the MoU. Neither I nor my family members shall raise any claim whatsoever regarding the marriage against Petitioner No.1 or his family members.
ii.That after obtaining the divorce by mutual consent from the matrimonial court and upon fulfilment of the terms of the MOU dated Date of the MoU, I undertake that I shall not file any case of any nature, 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, in respect of the 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 of any of his family members or relations, nor in their respective businesses or service benefits, and that neither party shall interfere in the personal or professional life of the other.
iii.That after the grant of the decree of divorce by the concerned matrimonial court, both the Petitioners undertake not to file any case of any nature, 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 a breach of the aforesaid MOU/Compromise 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 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 a decision to dissolve their matrimonial ties, keeping in view their respective 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 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, not within the knowledge of either of the petitioners, in any court of law, before the police, or before 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, violation, or wilful or deliberate disobedience of any of the terms of the MOU dated Date of the 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 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(2) of the Hindu Marriage Act, 1955, and that the contents thereof are correct to the best of my knowledge, and that 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 Wife'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 (wife's undertaking affidavit) day of May, 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 LD. PRINCIPAL JUDGE, FAMILY COURTS, DISTT. WEST, TIS HAZARI COURTS, DELHI.
H.M.A. PETITION NO. HMA petition number OF 2024
IN THE MATTER OF: -
Petitioner No.1's name: PETITIONER NO.1
AND
Petitioner No.2's name: PETITIONER NO.2
CERTIFICATE
I, Advocate's name, Advocate, Enrolment No. D-Advocate's enrolment number/2012, do hereby certify that I have personally verified the copies of the documents of both the petitioners enclosed with the petition against the originals, and that the same are true copies of their respective originals. I also undertake to submit the duly signed and attested petition in the Court, and to make up any deficiency in the court fee within the stipulated time frame.
Advocate's name
ADVOCATE
Advocate's address line 1
Advocate's address line 2
Email:
Mob. Advocate's mobile number
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURTS, DISTT. WEST, TIS HAZARI COURTS, DELHI.
H.M.A. PETITION NO. HMA petition number OF 2024
IN THE MATTER OF: -
Petitioner No.1's name: PETITIONER NO.1
AND
Petitioner No.2's name: PETITIONER NO.2
CERTIFICATE
I, Petitioner No.1's name, Petitioner No.1, do hereby certify that the documents annexed to the petition are true copies of their respective originals. The documents so annexed are self-attested, and if the same are found to be false or fabricated, I shall render myself liable to civil and criminal legal action. I undertake to submit the duly signed and attested petition, in original, in the Court, and to make up any deficiency in the court fee within the stipulated time frame.
Petitioner No.1's name
S/o Petitioner No.1's father's name
R/o Petitioner No.1's address line 1
Petitioner No.1's address line 2.
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURTS, DISTT. WEST, TIS HAZARI COURTS, DELHI.
H.M.A. PETITION NO. HMA petition number OF 2024
IN THE MATTER OF: -
Petitioner No.1's name: PETITIONER NO.1
AND
Petitioner No.2's name: PETITIONER NO.2
CERTIFICATE
I, Petitioner No.2's name, Petitioner No.2, do hereby certify that the documents annexed to the petition are true copies of their respective originals. The documents so annexed are self-attested, and if the same are found to be false or fabricated, I shall render myself liable to civil and criminal legal action. I undertake to submit the duly signed and attested petition, in original, in the Court, and to make up any deficiency in the court fee within the stipulated time frame.
Petitioner No.2's name
D/o Petitioner No.2's father's name
R/o Petitioner No.2's address line 1
Petitioner No.2's address line 2.
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURTS, DISTT. WEST, TIS HAZARI COURTS, DELHI.
H.M.A. PETITION NO. HMA petition number OF 2024
IN THE MATTER OF: -
Petitioner No.1's name: PETITIONER NO.1
AND
Petitioner No.2's name: PETITIONER NO.2
U/S 13(B)(2) OF THE H.M. ACT
JOINT APPLICATION UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908, ON BEHALF OF THE PETITIONERS SEEKING WAIVER OF THE STATUTORY WAITING PERIOD OF SIX MONTHS BETWEEN THE FILING OF THE PETITION UNDER SECTION 13-B(1) AND THE MOTION UNDER SECTION 13-B(2) OF THE HINDU MARRIAGE ACT, 1955.
MOST RESPECTFULLY SHOWETH: -
1.That the abovementioned petitioners have filed their petition under Section 13-B(1) of the Hindu Marriage Act, 1955, and the same was allowed by this Hon'ble Court on Date first motion allowed.
2.That on 12.09.2017, the Hon'ble Supreme Court of India, in the case titled Amardeep Singh vs Harshdeep Kaur, Civil Appeal No. 11158/2017, was pleased to confer power and discretion upon all the Ld. Family Courts of India to waive the statutory waiting period of six months between the petition filed under Section 13-B(1) and the motion under Section 13-B(2) of the Hindu Marriage Act, 1955.
3.That in the present case, the marriage between the parties was solemnized on Date of marriage at Place of marriage, and thereafter they have not been residing together as husband and wife since Date of separation. Since then, there has been no cohabitation between them.
4.That no other litigation is pending between the parties at present. It is pertinent to mention here that the parties have made genuine efforts to reconcile their differences, which arose during the course of their cohabitation. However, in spite of such genuine efforts, the marriage between the parties has irretrievably broken down.
5.That the waiting period would not yield any result in reconciling the differences between the parties, as they have no conjugal relationship as husband and wife, the marriage between them has virtually ended, and there is no possibility of reconciliation. Further waiting for a period of six months for the dissolution of the marriage would only cause pain to the parties and add to their suffering and agony.
6.That the Petitioners are educated persons who have carefully considered their actions and the consequences of bringing this marriage to an end, and it would therefore be proper to grant a decree of divorce under Section 13B of the Hindu Marriage Act, 1955, as has been done in similar circumstances in the reported judgments of this Hon'ble Court.
7.The Petitioners shall continue to suffer the trauma of carrying the burden of a dead marriage if the statutory waiting period is not waived. The delay only adds to the agony of their tormented lives. Both parties shall stand to benefit if this application is allowed, as it has become impossible for the Petitioners to reconsider their decision of reconciling with each other for any reason.
8.That, in view of the reasons set out above, the Petitioners crave leave of this Hon'ble Court to kindly waive the statutory waiting period of six months between the first motion and the second motion, as contemplated under Section 13B(2) of the Hindu Marriage Act, 1955.
9.That the present application is presented bona fide and without collusion between the Petitioners.
PRAYER:-
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to waive the statutory waiting period of six months between the Petitioners, as contemplated under Section 13-B(1) and Section 13-B(2) of the Hindu Marriage Act, 1955, after considering the reasons mentioned above, in the interest of justice.
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 kindly be passed or granted in favour of the Petitioners.
PETITIONER NO.1PETITIONER NO.2
THROUGH
Advocate's name
ADVOCATE
Advocate's address line 1
Advocate's address line 2
Email: Advocate's email
Mob. Advocate's mobile number
IN THE COURT OF THE LD. PRINCIPAL JUDGE, FAMILY COURT, DIST. WEST, TIS HAZARI COURTS, DELHI.
H.M.A. PETITION NO. HMA petition number OF 2024.
IN THE MATTER OF: -
Petitioner No.1's name: PETITIONER NO.1
AND
Petitioner No.2's name: PETITIONER NO.2
AFFIDAVIT
Affidavit of Petitioner No.1's name (deponent), S/o Petitioner No.1's father's name, aged about Petitioner No.1's age years, R/o Petitioner No.1's address, do hereby solemnly affirm and declare as under: -
1.That I am the Petitioner No.1 in the aforesaid HMA Petition, filed under Section 13B(2) of the Hindu Marriage Act, and I am well conversant with the facts and circumstances of the aforesaid petition.
2.That the contents of the annexed application have been drafted by my counsel as per my instructions, and the contents thereof have been duly read over and explained to me in my vernacular language, and, after fully understanding the contents thereof, I state that the same are true and correct to my knowledge.
DEPONENT
VERIFICATION :-
Verified at Place of verification (husband's waiver affidavit) on this Date of verification (husband's waiver affidavit) that the contents of my above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF THE LD. PRINCIPAL JUDGE, FAMILY COURT, DIST. WEST, TIS HAZARI COURTS, DELHI.
H.M.A. PETITION NO. HMA petition number OF 2024.
IN THE MATTER OF: -
Petitioner No.1's name: PETITIONER NO.1
AND
Petitioner No.2's name: PETITIONER NO.2
AFFIDAVIT
Affidavit of Petitioner No.2's name (deponent), D/o Petitioner No.2's father's name, aged about Petitioner No.2's age years, R/o Petitioner No.2's address, do hereby solemnly affirm and declare as under: -
1.That I am the Petitioner No.2 in the aforesaid HMA Petition, filed under Section 13B(2) of the Hindu Marriage Act, and I am well conversant with the facts and circumstances of the aforesaid petition.
2.That the contents of the annexed application have been drafted by my counsel as per my instructions, and the contents thereof have been duly read over and explained to me in my vernacular language, and, after fully understanding the contents thereof, I state that the same are true and correct to my knowledge.
DEPONENT
VERIFICATION :-
Verified at Place of verification (wife's waiver affidavit) on this Date of verification (wife's waiver affidavit) that the contents of my above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.
DEPONENT