Second motion petition under Section 13B(2) Hindu Marriage Act for divorce by mutual consent with supporting affidavits
0 of 68 blanks filled
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 (COLLY): JUDGMENT, STATEMENTS AND ORDER PASSED BY THIS HON'BLE COURT IN THE FIRST MOTION PETITION. |
| 5. | ANNEXURE P-2: COPY OF MARRIAGE PHOTOGRAPH. |
| 6. | ANNEXURE P-3 (COLLY): COPIES OF THE I.D. PROOFS OF BOTH THE PETITIONERS. |
| 7. | ANNEXURE P-4: COPY OF MOU DATED Date of MOU. |
| 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 IN "Name of High Court judgment relied on" DATED Date of High Court judgment. |
| 9. | VAKALATNAMAS. |
PETITIONER NO. 1PETITIONER NO. 2
THROUGHTHROUGH
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ADVOCATEADVOCATE
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Mob. No. Mobile number of petitioner no. 1Mob. No. Mobile number of petitioner no. 2
IN THE COURT OF Name and location of the family court
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,
Petitioner no. 1's address: PETITIONER NO. 1
AND
Petitioner no. 2's name,
Petitioner no. 2's address: PETITIONER NO. 2
PETITIONER NO. 1PETITIONER NO. 2
THROUGHTHROUGH
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ADVOCATEADVOCATE
----------------------------------------------
Mob. No. Mobile number of petitioner no. 1Mob. No. Mobile number of petitioner no. 2
IN THE COURT OF Name and location of the family court
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's address: PETITIONER NO. 1
AND
Petitioner no. 2's name,
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 Petition was allowed by the Hon'ble Court of Name of the judge before whom first motion was allowed, Ld. Judge, Family Court, Location of the family court where first motion was allowed, vide judgment dated Date of first motion judgment in HMA No. First motion HMA petition number.
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 Rites and ceremonies of marriage. Necessary affidavits to this effect are filed herewith. A copy of the marriage photograph is annexed herewith as *Annexure P-2.*
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 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
| HUSBAND | WIFE |
| Status | Age | Place of Residence | Status | Age | Place of Residence |
| Hindu; Married | Husband's present age Yrs | Husband's present residence | Hindu; Married | Wife's present age Yrs | Wife's present residence |
3.That Petitioner No. 1 and Petitioner No. 2 are Hindus by birth and profess the Hindu religion. Copies of the I.D. proofs of both the Petitioners are annexed herewith and marked as *Annexure P-3 (Colly) for the kind perusal of this Hon'ble Court.*
4.That after the marriage, both parties to this petition started living together as husband and wife, and they resided together till Date till which parties 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 could not live together for long 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 Court within whose jurisdiction divorce petition to be filed.
8.That the petitioners have amicably settled all their disputes, differences and claims against each other in terms of the MOU / Settlement dated Date of 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 MOU is annexed herewith and marked as *Annexure P-4.*
9.That Petitioner No. 2 has settled all her claims in respect of stridhan, and past, present and future maintenance, and permanent alimony, for a sum of Rs. Total settlement amount (₹)/- (Rs. Settlement amount in words), along with the List of Articles annexed with the MOU dated Date of MOU as Part-I.
10.That, as per the settlement, Petitioner No. 1 had already paid a sum of Rs. Amount already paid (₹)/- to Petitioner No. 2 at the time of execution of the MOU / Settlement dated Date of MOU, by way of cheque bearing No. Cheque number dated Date of cheque.
11.That Petitioner No. 1 also paid a sum of Rs. Amount paid at first motion (₹)/- to Petitioner No. 2 at the time of recording of statements in the First Motion Petition bearing No. First motion petition number, which was allowed by the Hon'ble Court of Name of the judge before whom first motion was allowed, Ld. Judge, Family Court, Location of the family court where first motion was allowed, vide judgment dated Date of first motion judgment, whereby the statements of the parties were recorded. In addition, Petitioner No. 1 handed over the articles mentioned in List-I attached with the MOU at the time of recording of statements in the said first motion petition for divorce by mutual consent. A copy of the Judgment, Statements and Order passed by this Hon'ble Court in the First Motion Petition is annexed as *Annexure P-1 (Colly).*
12.That it is agreed that, out of the remaining amount, Petitioner No. 1 shall pay a sum of Rs. Amount payable at second motion (₹)/- (Amount payable in words) by Demand Draft / Pay Order / Cash to Petitioner No. 2 at the time of recording of the statement under Section 13B(2) of the Hindu Marriage Act, 1955 before this Hon'ble Court.
13.That Petitioner No. 1 had already withdrawn the divorce petition filed against Petitioner No. 2 before the Hon'ble Court of the Ld. Judge, Family Court, Location of the family court where first motion was allowed. Petitioner No. 2 had also withdrawn the complaint under Section 12 of the DV Act filed against Petitioner No. 1 before the Hon'ble Court of the Ld. M.M., Mahila Court, Location of the Mahila Court where DV Act complaint was filed. Petitioner No. 2 had also already withdrawn the complaint filed before CAW Cell and police station where complaint was filed against Petitioner No. 1 and his family members, in terms of the MOU.
14.That it is further agreed between the Petitioners that the petition under Section 13B(1) HMA shall be filed on or before Last date for filing first motion petition. Hence, the present petition.
15.That it is further agreed between the Petitioners that the petition under Section 13B(2) shall be filed after a period of six months from the date on which the petition under Section 13B(1) of the HMA is allowed by the Ld. Judge, Family Court, vide judgment dated Date of first motion judgment.
16.That the Petitioners have surrendered/waived all their statutory rights to file any case against each other, or against their family members and relatives, before any competent court of law, and both the parties undertake to withdraw all cases filed against each other, including the case before the CAW Cell, Locality of the CAW Cell mentioned in the MOU, as mentioned above, or any other case, if any, on or before the recording of the statement on the second motion petition.
17.That the Petitioners shall not withdraw their consent for obtaining a divorce by mutual consent until the divorce by mutual consent is granted, and both the Petitioners have surrendered their right to withdraw their such consent.
18.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 or immovable properties or business of either of the Petitioners or their family members, and both the Petitioners shall not make any correspondence, complaints, or the like, against each other to any family member, relative or friend of either of the Petitioners, or before any other 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, or their relatives and friends, including through social media sites.
19.That it is further agreed between both the Petitioners that if Petitioner No. 1 resiles from the MOU and does not cooperate with Petitioner No. 2 in obtaining a decree of divorce by mutual consent, then Petitioner No. 2 reserves the right to forfeit the entire amount paid by Petitioner No. 1 up to that point of time.
20.That it is further agreed between both 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.
21.That it is agreed that both the parties undertake to remain bound by the terms of the settlement.
22.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.
23.That there is no legal impediment for 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.
24.That the present petition has been filed by both the parties with their consent before this Hon'ble Court.
25.That there is no unreasonable or improper delay in filing the present petition.
26.That there is no impediment in granting the relief as prayed for in the petition.
27.That no such petition between the Petitioners is pending before any other court of law except the present one.
28.That Petitioner No. 2 lastly resided with Petitioner No. 1 at Matrimonial home 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.
29.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 kindly be passed/granted in favour of the Petitioners.
PETITIONER NO. 1PETITIONER NO. 2
THROUGHTHROUGH
Petitioner no. 1's namePetitioner no. 2's name
ADVOCATEADVOCATE
Petitioner no. 1's city of signingPetitioner no. 2's city of signing
Mob. Petitioner no. 1's mobile numberMob. No. Petitioner no. 2'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 of 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 where petition/affidavit was verified on this Date of verification of petition.
PETITIONER NO. 1PETITIONER NO. 2
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURTS, DIST. District of the Family Court, Name of the court complex of the Family Court
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
AFFIDAVIT
Affidavit of Mr. Petitioner no. 1's name, aged about Petitioner no. 1's age years, S/o Late Sh. Petitioner no. 1's father's name, R/o Petitioner no. 1's address, do hereby solemnly affirm and declare as under:-
1.That I am Petitioner No. 1 in the above-named matter, 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 solemnized according to Rites according to which the marriage was solemnized 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 were unable to reconcile their differences, and the parties have agreed to dissolve their marriage by obtaining a decree 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 in granting the relief as prayed for in the petition.
7.That the contents of the annexed petition under Section 13B(2) 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 and understood by me. After fully understanding the contents thereof, I state that the facts stated therein are true and correct to my knowledge.
8.That the facts stated therein 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, do hereby solemnly affirm and 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 Place where petition/affidavit was verified on Date of verification of affidavit.
DEPONENT
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURTS, DIST. District of the Family Court, Name of the court complex of the Family Court
DELHI.
H.M.A. PETITION NO. HMA petition number OF HMA petition year.
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, aged about Petitioner no. 2's age years, D/o Petitioner no. 2's father's name, R/o Petitioner no. 2's address, who do hereby solemnly affirm and declare as under:-
1.That I am the Petitioner No. 2 in the above-named matter; I am fully conversant with the facts and circumstances of the case and am competent to swear this affidavit.
2.That the marriage of the deponent with the Petitioner No. 1 was solemnised according to Religion or rites of marriage rites and ceremonies on Date of marriage at Place of marriage.
3.That the deponent has been residing separately from the Petitioner No. 1 since Date of start of separate residence on account of temperamental differences.
4.That owing to differences in opinions and temperaments 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 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 has been 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(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 contents thereof, 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 said 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; no part of it is false and nothing material has been concealed therefrom.
Verified at Delhi on Date of verification of affidavit.
DEPONENT
IN THE COURT OF Family court designation
DELHI.
H.M.A. PETITION NO. HMA petition number OF HMA petition year.
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 IN THE MATTER OF "Name of High Court judgment relied on" DATED Date of High Court judgment.
Affidavit of Petitioner no. 1's name, aged about Petitioner no. 1's age years, S/o Petitioner no. 1's father's name, R/o Petitioner no. 1's address, who do hereby solemnly affirm and declare as under:-
1.That I am the Petitioner No. 1 (husband) in the present petition; I am fully conversant with the facts and circumstances of the case and am, as such, 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 Religion or rites of marriage rites and customs.
3.That after the marriage, both the parties to this petition lived together as husband and wife and resided together with each other until Date till which parties lived together; however, no child was born out of the said wedlock.
4.That owing to differences in opinions and temperaments 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 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 the 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, and I shall not file any fresh or separate claim petition or any other complaint or proceedings against the Petitioner No. 2 qua the matrimonial disputes. The matter has been settled between the 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 raise any claim towards stridhan, dowry articles, past, present and future alimony and maintenance, etc., against each other except as mentioned in the MOU dated Date of MOU. I and my family members shall raise no claim of whatsoever nature regarding the marriage against the Petitioner No. 2 and her family members.
ii.That after obtaining the decree of 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 institute 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 the 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 the Petitioner No. 2 or any of her family members or relations, nor in their respective businesses or 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 the Petitioners undertake not to institute any case of any nature, i.e., civil, criminal or matrimonial, against each other, their parents or relations, before any court of law, 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 neither of them has raised, and neither of them shall raise, any claim in respect of any movable and/or immovable properties, goods and assets of each other 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, 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.
9.That it is agreed between the parties that, in the event of breach of the undertaking given to the concerned court or of 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, 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, not within the knowledge of either of the Petitioners, before any court of law, police or any other authority, either at Place of filing or in any other part of India, the same shall be deemed to have been compromised and withdrawn and shall have no legal effect.
DEPONENT
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 MOU, I shall be liable to be punished for contempt of court.
13.I undertake to abide by the stipulation contained in the judgment dated Date of High Court judgment passed by the Hon'ble High Court of Delhi in the matter of “Name of High Court judgment relied on” in Cont. Case (C) Contempt case number.
14.I say that the above petition has not been presented in collusion with Petitioner No. 2.
15.I say that my 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 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. 1 and Petitioner No. 2 lastly resided together as husband and wife at Matrimonial home address, 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 New Delhi on this Date of verification of affidavit day of December, 2023, 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, DISTRICT NORTH-EAST, KARKARDOOMA COURTS, DELHI
H.M.A. PETITION NO. HMA petition number OF 2023
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 MATTER OF “Name of High Court judgment relied on”, JUDGMENT PASSED BY THE HON'BLE HIGH COURT OF DELHI DATED Date of High Court judgment.
Affidavit of Mrs. Petitioner no. 2's name, aged about Petitioner no. 2's age years, D/o Petitioner no. 2's father's name, R/o Petitioner no. 2's address, do hereby solemnly affirm and declare as under:-
1.That I am Petitioner No. 2 in the present petition and, as such, 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. 1 on Date of marriage at Place of marriage, Delhi, 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 until which parties resided together; however, no child was born out of the said wedlock.
4.That due to differences in 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 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 and articles with each other by way of the 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 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 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 the 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 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 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. 1 or any of his 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 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 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 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 left against each other, in view thereof they have further undertaken that they shall not make 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 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 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, 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, whether in New Delhi or in any other part of India, the same shall be deemed to be 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 MOU, I shall be liable to be punished for contempt of court.
13.I undertake to abide by the stipulation contained in the judgment dated Date of High Court judgment passed by the Hon'ble High Court of Delhi in the matter of “Name of High Court judgment relied on” in Cont. Case (C) Contempt case number.
14.I say that the above petition has not been presented in collusion with Petitioner No. 1.
15.I say that my consent for divorce by mutual consent has not been obtained by force, fraud or undue influence.
16.I state 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 of the said petition are correct to the best of my knowledge and belief, and no part thereof is false.
17.I state 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 lastly resided at Matrimonial home 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 Place of verification on this Date of verification of affidavit 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