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Juhi Vs Sagar Second Motion
Juhi Vs Sagar Second Motion
Conying SMe Fay Coun, KK 4 Coutts, Delhi ‘MEMO OF PARTIES ‘ done vit _ HMA PETITION ORS. oF 2022 Petitioner No.1 Petitioner No.2 eerPe Ur 8 quret ?” Petitioner No.2 eed n PS Muha Vir | Sagar arurtiin PETITIONER NO.2 THROUGH: JaM Fado / ales Sy a]“Ss IIMA No.571/2022 Juhi vs. Sagar Singh Rajauriya @ Raj Kumar 02.11.2022 Present: Petitioner No.1 with Shri Shubham Bharti, Advocate. Petitioner no.2 with Shri Javed Khan, Advocate. Heard on the application under Order 1X Rule 9 read with section 151 CPC for restoration ofthe present petition. or the reasons mentioned in this application, the same is allowed. Present petition is restored to its original ‘number, Efforts for reconciliation made but did not Field any result. Vide the present petition, the petitionsrs want that their marriage be dissolved by decree of divorce by mutual consent. Both parties submit that they have been living separately since 05.06.2016 and there is no possibility of their living together. Joint statement of both the partis has teen recorded on today. | have perused the statement of the petitioners Vide my separate order, the first mation petition under section 13B(1) of ‘he Hindu Marriage Act is allowed, Parties shall remain bound by their respective statements, File be consigned to record room, Family Couns, Karkardooma Courts, Delhi 02.11.2022 ATTESTED 23 ONC we. exalyinbe Copying haenay. Family Cour, uit BethFits Motion MMA No. 5712022 Date 02.11.2022 Potition under Setion 13 B (1) of The Hindu Marriage Act, 1955 Joint Statement of. Smt. Juhi Wio Shri Sagar Singh Rajauriya @ Raj Kumar Dio Shri Bhagwan Singh Rlo F-27/20, 1) Colony Par, Indira Camp. ‘Chotta Hasanpur, Dethi-1 10092 Petitioner No.1 - AND Shri Sagar Singh Rajguriya @ Ra) Kumar Sfo Shri Om Dutt Rajauriya Ro village Rami Mangla Majra, Rampur, Shahpur, PS ! Chandos, District Aligarh, Uitar Pradesh Pottoner No.2 ons. 11 We (petitioner No.1 and petitioner No2) got married Fj ont8.02.2012 according to Hind rites and ceremonies at Marriage Home, Chandos, Disirit Aligarh, Ustar Pradesh, Our 7 marriage photograph is EXP and mariage card is Ex.P-2. 4) ¥rom this wedlock, one mal chill namely Utkarsh was bor. ‘ ©, We (ptitioner No.1 and petitioner No2) have been living L separate since 05.06.2016 and have not been abl to ive together t sinee then. There is no possibilty of our living together as t fntnd rd it, on anf ewpeanen ies GA orbs tae em So) eee eee es 3. We (petitioner No.1 and petitioner No.2) have amicably resolved all our disputes pertaining to this marriage including, stridhan, permanent alimony, dowry articles and maintenance AT EST 23 Oe a2 ExMmindy Copying Agency, Fhmily Court, KKD Couris, Delhi =i) u(Present, past & fiturs) « ‘le Memorandum of Understand™g, “ lated 04.08.2022 RAP-3 for a total sum of Rs.9.00,0000- (Rupees nine lacs only) in full and final settlement of claims of petit q # petitioner No.1 whieh shall be paid by petitioner No.2 | (petitioner No.1) have already received tom petitioner No.2 10 petitioner No. Rs.6,88,000) loday, 1 (petitioner No.1) have received Rs.12,000 i cash from petitioner No2. The ‘of Rs.2,00,000/-shall be paid. by lance settlement amount petitioner No.2 16 petitioner No. Tas per settlement Ex.P-3 at the lume of quashing of FIR No.74/2017 under seetions498A/806/34 re 4. We have agreed that we will file @ petition for quashing of FIR No.74/2017 under sections498A/406/34 IPC registered at police station Madhu Vihar before the Hon'ble Dethi High Court and we both will cooperate with each other. (On a court query, the ies have stated that they are aware that quashing of FIR is within the discretion of Hon'ble High Court). le Brat We have agreed that the present settlement is between us (petitioner No.1 and petitioner No.2). We understand that this settlement agreement would not affect the rights of child Utkarsh Son Jor maintenance or the rights of the child which he may have in wt the properties of any person including us (petitioner) in any oe 6. As per settlement, custody of Utkarsh shall remain with petitioner No. /mother and petitioner No.2/father shall have no 7 visitation rights to meet the child. However, the child is free to meet his father 1 We (petitioner No.! and petitioner No.2) have also agreed that we will not initiate any ftigation or will not raise any claim in future against each her and the family members and relatives ATTEST? 23 Get ww Ekdmnor ‘Copying Agency, Family Cox IKKD Cours, bern oe =We ipetitioner Not wiilioner No 1 and pertoner No.2) have settied our Sisputes with our free will, volition and consent without any Soereion, pressure, influence, misrepresentation oF mistake We have executed the scttlement EX.P-3 af + fully understanding the lerms, consents, effcet and consequences thereof © We (petitioner Not and petitioner No.2). shall remain hound by the terms and conditions of settlement Ex 3 and the Siatement made today, We have made the present statement Voluntarily without any pressure, coercion oF Fores. : 8. We (petitioner Nol and petitioner No.2) state that the ‘consent 10 this petition has not becn obtained by fraud, pressure for undue influenee and we have given the consent to this petition {, voluntarily. ‘The present petition has not been fled by us in collusion with each other Vor identification, 1 (petitioner No.1) have placed on record the copy of my Aadhaar card which is ExP-4. 1 > (petitioner No.2) have placed on record the copy of my Aadhaar * card which is Ex.P- 5. We (petitioner No.1 and petitioner No.2) have signed the petition for divorce afier going through the We (petitioner No.1 and petitioner No.2) undertake 10 terms and conditions mentioned in the petition neution is FxP-7. My photograph (petitioner No.2) on the petivon is Ex.P-8, My affidavit (petitioner No.1) Ex.P-9 bears iny signatures at points and B, My affidavit (petitioner No.2) Ex.P-10 bears my signatures at points A and B. My affidavit (petitioner No.1) in compliance of judgement dated 15,08.2018 13} tiled of Hon'ble Delhi High Court [CONT CAS. (C) 772 TED 23 pi ae exMinel Copying Agency, Family Court, KKD Courts, Dethias Rajat Gupta vs. Rooy ‘i HN GUPIA vs Roopa Gupta EA.P-11 bears my signatures at ° Points A and 1 My affdat (petitioner No.2) in compliance of ludgement dated 18.05 > : twdkement dated 18082018 of Hon'ble Delhi High Court 7 "Pon JEONT OAS. (677979094 tied Rajat Gupta vs. Roopa Gua EVID Ha KATZ ears my vynatates at points A. and No erwecn us. We (petitioner Not and petitioner No.2) pray nat our petition may be accepted and allowed We foner No.| and petitioner No.2) have decided to take divorce hy mutual consent We pray that our marriage be dissolved by mutual consent 14 We (petitioner No.) and petitioner No.2) state that no part fof statement is false in any respect nor we have concealed any material fact. We understand the consequences of making false statement or concealing of material facts. ROKAC Petitioner No.1 identified by Ms. Shubham Bharti, Advocate (D- 349/2019) Mob. 9540160029 4 sagen Rayer syn Po Signature and thumb impression of petitioner No.2 (Mo. 991 7605282 ) 154770872017) Mod 8077283808 wf Gori. Roady as (BARITABIRBAL,) ae Principal Judge, Family Courts, Shahdara, - = Karkardoome Courts, Delhi © : ey 02.11.2022 Macsere: Ged ga Rw id STH BAS cama AT TT AE aay | ~ AM. lee hamvine} = ing Agancy, Fdmily Court, KD Courts, DelhiINTHE COURTOF MS, ARI PRIN! Trane TABIRBAL., PRINCIPAL ‘AMILY COURTS, SHATIDARA, KARKARDOOMA, COURTS, DELI MMA No.571/2022 Smt Juhi Wo Shri Sagar Singh Rajauriya @ Raj Kumar Dio Shri Bhagwan Singh Rio F-27720, 3) Colony Part Indira Camp. Chotia Hasanpur, Delhi-1 10092 Potitioner No.1 AND Shri Sagar Singh Rajauriya @ Raj Kumar Slo Shri Om Dutt Rajauriya Rio village Rami Mangla Majra, Rampur, Shahpur, PS Chandos, District Aligarh, Uttar Pradesh Petitioner No.2 PETITION UNDER SECTION 13B (1) OF THE HINDU MARRIAGE ACT, 1955 FOR DISSOLUTION OF MARRIAGE, BY DECREE OF DIVORCE BY MUTUAL CONSENT. , ORDE! $1. This joint petition under section 138 (1) of finda | Mariage Ac, 1955 (hetcnafer refered as "the Act’) for dissolution of marriage by decree of divorce by mutual consent 3 bas been filed by the petitioners. “ Joint statement of the parties with respect to the present petition under Section 1381) ofthe Act has been recorded today ie, on 02.11.2022, The petitioners have proved the necessary documents relating to thei identification and affidavits. 3. The marriage between petitioner No.1 and petitioner No.2 was solemnised on 18.02.2012 according to Hindu rites and Hn No 5712002 page of 4 TESTED 24 Me a ehdmingr Copying Agency, Family Court, KikD Couris) Dei—— a Ceremonies o1 Marriage Home, Chandos, District Aligarh, Uitar Pradesh, Mariage photosraph 1x.P-1 and martiage eard Ex.P-2 have been placed on record as the proof of mariage, [tis stated son namely Uitkarsh was born, Petitioner No. and petitioner No.2 have stated that thors 10 possibility of thir livin togsther as husband and wife on AccoUNL OF temperamental difere that from this wedlock, one 4 mnees and they have been living, ate since 03.06.2016, Various efforts for reconciliation did Tot yield any result, Petitioners have further stated that there is Ro scope for any reconciliation and marriage between them has broken down invettievably 5. Petitioner No.1 and petitioner No.2 have Further stated that they have seitled their matrimonial disputes pertaining to this marriage including stridhan, permanent alimony, dowry articles ‘and maintenance (present, past & future) vide Memorandum of Understanding/settlement deed dated 04.03.2022 xP for a \ total sum of R.900,000- (Rupees mine lacs only) in fall and 2 nat satiemen oa claim of petitioner No.t which shall be <_Paid by petitioner No.2 to petitioner No.1. Petitioner No. statad 4 that she has already received Rs6.88,000/- from petitioner No. “TE ‘today, petitioner No.t has received Rs.12,000/- in cash from s.2,00,000/-shall be aid by petitioner No.2 to petitioner No.1 as per settlement [ExP-3 at the time of quashing of FIR 1No.74/2017 under setions 498,/406/34 PC 6. ‘The petitioners have agreed that they will ile a petition for guashing of IR No.74/2017 under setions498A/406/34 IPC registred at police station Madhu Vihar befor the Hon'ble Delhi High Court and they both will cooperate with each other pez 4 es Copying agerey. Faby Cou RKO Cours, OUROn a court query, the pa s are that " suerys the parties have stated that they are aware tl quashing, ; OF FIR is within the discretion of Hon'ble High Court. "he petitioners have agreed that the present settlement is ‘between them and they understand that this settlement agreement ‘would not affect the righis of son Utkarsh for maintenance or the Fights of the child which he may have in the properties of any person inelnding them in any manner 8 As per settlement, custody of son Utkarsh shall remain \with petitioner No.1/mother and petitioner No.2/father shall have no visitation rights to met the child, However, the child is free to rect his father 9, The petitioners have settled their disputes with their free will, volition and consent without any coercion, pressure, | influence, misrepresentation or mistake and they have executed 3 the setlement 15-3 afar filly understanding the terms, Y consents, effect and consequences thereof. 10. The petitioners have undertaken that they shall remain + bound by the terms and conditions mentioned in setlement & 1x3 and the statement made by them. Both the pettioners 7 ave stated that they have made the present statement voluntarily without any pressure, coercion or fore. 11, Petitioners have also agreed that they will not initiate any Ttigation and will not raise any claim in future against each other, their family members and their retatives. Both the petitioners sate that the consent to this petition has not been obtained by fraud, pressure or undue influence and they have given the consent 0 this petition voluntarily. The present petition has not teen filed by them in collusion with each other. In is stated that the parties have been living seperate since pest 4 es 23 MEE we Exgnabr Copying Aganey, Family Court, KKKD Cours, Deintea Pn Ona court query, the partie Wery, the parties have stated that they are aware that quashing : OF FIR is within the diseretion of Lon’ble High Court Uhe petitioners have agreed thatthe present seitlement is between them and they understand tha this settlement agreement ‘would not affeet the rights of son Utkarsh for maintenance oF the Fights of the child which he may have in the properties of any person including them in any manner. 8. As per settlement, custody of son Uskarsh shall remain ‘with petitioner No.l/mother and petitioner No.2/father shall have ‘ho visitation rights to meet the child. However, the child is free 10 meet his father 9. The petitioners have settled their disputes with their free will, volition and consent without any coercion, pressure, { influence, misrepresent or mistake and they have cexcouted 3 the settlement HP afer fully understanding the terms, \ consents, eilect and consequences thereof, - = 10, The petitioners have undertaken that they shall remain bound by the terms and conditions mentioned in settlement 4 TxP-3 and the statement made by them, Both the petitioners + ave stated that they have made the present statement voluntarily without any pressure, coercion or fore 11. Petitioners have also agzced that they will not initiate any Iitjgation and wil not raise any claim in future against each ther, their family members and their relatives. Both the petitioners state thatthe consent to this petition has not been obtained by fraud, pressure or undue influence and they have given the ceonsomt to this petition voluntarily. The present petition has not teen filed by them in collusion with each other 12, ttisst xj that the parties have been living separate since niga Nos 202 rageSot 4 - C ude Copying Agency, Family Court, KKD Courts, Delhi98.06.2016, The present petition has been filed with their fee consent AS such, there is no legal impediment to allow the prayer of the petitioners, 13. From perusal of the statement of the petitioners, it is seen that the petitioners have fled the present petition without any collusion, pressure, coercion, duress oF undue influence, 14. In view of above, the first motion petition under section 13.) of the Hindu Mariage Act, 1955 is allowed 15. File be consigned to record room aie Parr (sai oi AL PRINCIPAL. JUDGI VAMILY COURTS, SHATIDARA, KARRARDOOMA COURTS, DELI Announced on 02.11.2022 Office of the Prin Princip Family Court # Gertiies t db ts LIMA No 712022 pase of 4JET TEE [) “ae 7 ©.C. NO. He 4 seats & FIR NO. 5 ‘ Cc ue AD. 88.20). L___ = PS. ab Sereh Gun Mion IN THE COURT OF_{ D_ Pe inci a. bce Fairy Vcr (cup) ociy Fe ‘Suit / Appeal No, "—_________JurispicTion oF 202 in re:- Tuts: Plaintitis) —_Petitoner(s) Fppeitantis) O° Complainant(s) VERSUS 2 pls Foto i sSetendants)/ Respondents)/ Accused KNOW ALL to whom these Presopf shall come that |/ Wo pai wiO Sosa. reat Naja b Wear 6 “atl ¢ Fiboun ‘The above named _ Koodk noo, "TP acherwby sidan” > Ms. VIJAY RANI & ASSOCIATES LEGAL ADVISORS & CONSULTANTS Supreme Court of India & Delhi High Court VIJAY RANI ‘Advocate End. No. :b/14s872007 Chamber No. : G-711, G-Block, Karkardooma Courts, Delhi-110032 Mob, : 9990698323, 8130561556 Email : vijayatyagi71@gmail.com (herein after called the advocate/s) to our in the above - noted case i eaten) 10'be my/our Avoca Inte above - Noted caus mutorze ‘To ect, appear and plead in the above-noted case In this court or in any other courte || se may be tied or heard and si in the appelate court nel stoubjectto payment! | he > {or each court by me / us. o ees “ 4 ‘o sign fle, verity and present pleadings, appesis cross-obections of patitions {or executions review, revision, withdrawal, compromiee or other pettlone or effevite = oF other documents as may be deomed neceseary or proper forthe proeeculion of the ald case in ail te stages subjects to payment of fous tor each stage ‘Toe and take back documents to admit andlor deny the documents of opposite arty fo withdraw or compromise the sald case or su oF dleputes that may ariee touching or in any manner Race eens tans meee eae a ed Seer coon ms nate poses uray meme a canes oe eee eee cee een nee Be ea ae ee ae ee ae cat re Se es he Saget coy camel epea eoiat pms Soc a ag See ae ae ene eee ae Se ee Sa te barons rts ubetame rupees hr ee me are ote eset aa sesioe korea are teste Sos cr oto ar i a eet cat eo ae oe ese eee eee nc ES eden Ge ery core fa anal'we chateau home oomeavon a top ald eee enn Ce ase a ey tort ers ase ond coe ae ie eid coe a same, or te cabs teen thn oe ee ny oe rab aren tat ance th tet Pa te ne aida fes sa oe al gun Oy noe a ee a nnd nue propa te ear oa have been undarstand by evel / us on th. Pevnnday of nn dA ote. ae fete os core ct re oe wy | cou cnt ‘ara he Seles gon ft na Pan ma acvena nurse neces tacts done by the Advocate or hie Intents and purpose. ‘Advocateus ce.no fino 13... NBM 4). ps. Maden Leben © Aang ‘uuu aug 9 4 BL INTHE couRT oF__UY. PRimer Pal sypene Remy dowe[tS) O61 bes JURISDICTION OF 202 Sut Appeal nee ee Plaitis) 5, _Petionerts) = Sis < ————Rppellant(s) OF Complainants) VERSUS. Soret alm apeei Respondent(s) / Accused KNOW ALL to whom these Pre shall come that | / We joe! x Spo Dia Out Kojauiye. , Bi ep aise Cows tng May ‘The above named PSY SAP ON CST Bertani Adu, Se f. 8077253668 (herein after called the advocate/s) to be my / our Advocate in the above - noted case authorize plead In the above-ncted case inthis court or in any ether court In which the same {our Including High Court subject to paymen ates sbbarately mndlor deny the documents of opposite px = {cach and grant receipts hereot at te snd instruct any other Legal Practitioner authorising him to exercise the f y hereby conferred upon the Advocate whenever he may think fit to do ao and to sign the ” Fefund of the same In any ease be paid again by mous. resents the contents of which Tat have been understand by mel / us on this. at ‘Accepted subject to the terme of the four o Fagan. Pagaturd a Zoos owt ent sey Tae soni Impression OF Selow Mentioned Person ‘ne Hae Been Signed in My Presence, The Chantie Ju [35 FR/OOB: 120711990 sft FEMALE 7910 5879 2688 a Sree, ae seat t oe ‘Unigbeddareeaten Autor of no'8 Bp mare. pe aseen be sain De aa aia Cau baa AGH VIMAR, DEL. as! Os ‘evs 032 7910 5879 2688rene ets Sanu alate RMON oer aas ae 2533 9886 9976 a a ange SAT wrare, Vy Seay ~—sAnnexure-A CERTIFICA’ |. Adv. Vijay Rani Enrollment No, D/1459/2007 (copy attached) do hereby certify that I have personally verified the copies of the documents of the petitioners, enclosed with the petition with the originals and that the same are true copies of their respective originals. | also undertake to submit the duly signed and attested petition, in original in the court and to make up the deficiency, if any, in the court fee within the 15 days of L&E Vijay Rani BCD Enroll No D/1459/2007 Address-G-711, Karkardooma court Mob. No.9990698323 reopening of the courts uéAnnexure-B (to be filed by the petitioner(s) along with the petition of the Hindu Marriage Act filed through electronic mode Certi I, JuhiW/o Sh. Sagar Singh Rajauriya @Raj KumarD/o Sh. Bhagwan SinghRioE-27/70, Colony —Part-I,Indra_ Camp, ChhotaHasanpur,Delhi-110092, the 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, | shall make myself liable for civil and criminal legal action. I undertake to submit the duly signed and attested petition, in original in the court and to make up the deficiency, if any, in the court fee within the 15 days of reopening of the courts. WF Juhi Wio Sh, Sagar Singh Rajauriya @Raj Kumar Dio Sh. Bhagwan Singh Rio E-27/70, JJ Colony Part- 1, Indra Camp, Chhota Hasanpur, Delhi-110092 M.NO- 8447092576*», BAR COUNCIL OF DELHI (Statutory Body Under Advocates Act, 1961] oF Sen ean sno. STTINASS, vai upto 31/08/2020 VUAY RANI aovocate Enrolment No o7n4se/2007 Dama nat ee Seimei rib shiem toe en eugm:or __wesratmt noe) ‘apeve: No _estho) aot Birth: 15/01/1980 Residence 1020, Janta Fas {GtB Enc, Deh 110093, ph. 9960658823 ofc mm fo Aoeel veers Sorte cheated by nee