IN THE COURT OF LD.

PRINCIPAL JUDGE: FAMILY COURT,

DISTRICT SHAHDARA, KARKRDOOMA COURTS, DELHI

HMA PETITION ________ OF 2023

IN THE MATTER OF:-

Smt. Kiran … Petitioner No.1
AND
Sh. Vishal … Petitioner No.2
INDEX

S.NO. PARTICULARS PAGES C.F.

1. MEMO OF PARTIES
2. PETITION FOR DISSOLUTION OF MARRIAGE BY
WAY OF DECREE OF DIVORCE BY MUTUAL
CONSENT U/S 13-B(1) OF THE HINDU
MARRIAGE ACT-1955 WITH SUPPORTING
AFFIDAVIT OF THE PETITIONER NO.1 & 2.
3. AFFIDAVIT OF THE PETITIONER NO.1 AS PER
THE JUDGMENT OF RAJAT GUPTA VS. RUPALI
GUPTA
4. AFFIDAVIT OF THE PETITIONER NO.2 AS PER
THE JUDGMENT OF RAJAT GUPTA VS. RUPALI
GUPTA
5. LIST OF DOCUMENT WITH DOCUMENTS
6. VAKALATNAMAS

PETITIONER NO.1 PETITIONER NO.2

THROUGH: THROUGH:

COUNSEL COUNSEL

DELHI
DATED:-
IN THE COURT OF LD. PRINCIPAL JUDGE: FAMILY COURT,
DISTRICT SHAHDARA, KARKRDOOMA COURTS, DELHI

HMA PETITION ________ OF 2023

IN THE MATTER OF:-

Smt. Kiran … Petitioner No.1
AND
Sh. Vishal … Petitioner No.2
MEMO OF PARTIES
Smt. Kiran
W/o Sh. Vishal
D/o Sh.
R/o H. No
Mob. No.8851051604 …. Petitioner No.1
Versus
Sh. Vishal
S/o Sh.
R/o H. No.
Mob. No.8287163287 …. Petitioner No.2
PS-

PETITIONER NO.1 PETITIONER NO.2

THROUGH: THROUGH:

COUNSEL COUNSEL

DELHI
DATED:
IN THE COURT OF LD. PRINCIPAL JUDGE: FAMILY COURT,
DISTRICT SHAHDARA, KARKRDOOMA COURTS, DELHI

HMA PETITION ________ OF 2023

IN THE MATTER OF:-

Smt. Kiran
W/o Sh. Vishal
D/o Sh.
R/o H. No.
…. Petitioner No.1
Versus
Sh. Vishal
S/o Sh.
R/o H. No.
…. Petitioner No.2
PS- GTB Enclave

PETITION FOR DISSOLUTION OF MARRIAGE BY WAY OF

DECREE OF DIVORCE BY MUTUAL CONSENT AS PROVIDED
UNDER SECTION 13-B (1) OF THE HINDU MARRIAGE ACT,
1955.

Most respectfully showeth:

1. That both the parties are Hindu by religion and they are law-
abiding and peace loving citizen of India and are residing at their
respective address.

2. That the marriage of the petitioner no.1 was solemnized with

petitioner No.2 on 11.02.2020, according to Hindu Rites, Customs
& Ceremony at Vedic Arya Mandal Trust. The affidavits of the
parties to the petition are enclosed herewith for the kind perusal of
this Hon’ble Court.
3. That the age status place of residence of both the petitioner before
their marriage and at the time of filing the present petition were as
under:-
PETITIONER NO.1/ WIFE

RELIGION, AGE PLACE OF

STATUS RESIDENCE
At the time of Hindu
marriage Unmarried
At the time of Hindu
filing of the Married
petition

PETITIONER NO.2/HUSBAND

RELIGION, AGE PLACE OF

STATUS RESIDENCE
At the time of Hindu, .
marriage Unmarried
At the time of Hindu,
filing of the Married
petition

4. That after the marriage, the petitioners lived together as husband

and wife at the residence of the petitioner No.2 at H. No.
and the marriage was not duly consummated, however no child
born out from this wedlock.

5. That after the marriage, the parties to the petition could not live
together and pull out their matrimonial life together owing to
temperamental disputes and differences, so that they decided to
live separately with each other since and their marriage has
been broken down irrevocably and there is no chance of their re-
union in future.
6. That with the intervention of the parents, well-wishers, friends
etc., the parties to the petition have been understood and with due
discussion, all the issues and dispute has been amicably settled
between the parties and in this regard, they have also entered into
an Memorandum of Understanding/Settlement Deed dt.09.02.2023
thereby the petitioners have sorted out their claims, disputes and
differences and have agreed to dissolve their marriage by mutual
consent on the basis of terms and conditions of the said MOU, as
follow:-
I. It is agreed between the parties that both the parties shall dissolve
their marriage by filing a petition under/section 13B (1) & (2) of
the HMA on the ground of mutual consent before the Hon’ble
Family Courts, New Delhi.
II. It is further agreed between the parties that after expiry of
mandatory prescribed six months or any earlier is any so permitted
under the law/Judicial Prouncement they will file the second
motion as contemplated under the HMA, 1956, or in any other law
and both the parties shall cooperate in entire process of mutual
consent divorce proceedings and shall duly appear before the
Hon’ble court for recording of their respective statement as
required in law for the first and the second motion.
III. It is further agreed between the parties that the wife will not have
any right, titles, interest, claim etc. whatsoever over the movable
and immovable properties of husband after granting the divorce
subject to compliance to this agreement.
IV. It is further agreed between the parties that these all proceedings
shall be completed within 60 days positively.
 V. It is further agreed and undertake not to file any other
complaint/petition on/Execution Petition etc. against each other at
any point of time in future in any court of law in India and both
the parties hereby agreed to abide by the present settlement as
having been reached without any undue influence, pressure or
coercion.
VI. It is agreed between the parties that in the event of failure of the
compliance of the present settlement both the parties shall be at
liberty to seek revival and pursue their respective cases/remedies
under law which includes proceedings mention herein.
VII. That the parties have agreed on each and every terms as recorded
in the settlement after carefully reading and understanding and
appreciating the contents scope and effect thereof, as also the
consequences of breach thereof including payments of the
fine/penalty as mentioned above.
VIII. That the above settlement between the parties has been arrived at
out of their free will, volition and consent and without any force,
pressure, undue, influence, coercion, or mistake, misrepresentation
(both the law and facts) from any quarters whatsoever and the
parties have signed the present settlement after being explained
the content of the settlement in vernacular.

7. That there is no possibility or probability of reconciliation

between the petitioners in future and both the petitioners have not
cohabited with each other since and as such with the
intervention of family members and friends, they have mutually
agreed and decided to dissolve their marriage by way of mutual
consent.
8. That the mutual consent has not been obtained by force, fraud or
undue influence.

9. That the petition has not been presented in collusion with each
other.

10. That there is no any necessary or improper delay in filling the

present petition.

11. That there is no ground/no other legal ground why relief claim
should not be granted to the petitioners.

12. That the parties to the petition lastly resided together at the
residence of the petitioner No.2 i.e. H. No. Delhi-110093, which
comes within the local territorial jurisdiction of this Hon’ble Court
and fallen under PS- Delhi, hence this Hon’ble Court has got
territorial jurisdiction to entertain, try and decide the present
petition.

13. That the requisite court fee has been paid and affixed on the
petition.

PRAYER:-

It is, therefore, most respectfully prayed that this Hon’ble Court

may kindly be pleased to pass a decree of divorce U/s 13-B-(1) of Hindu
Marriage Act, 1955, thereby dissolving the marriage solemnized on
12.12.2018of the petitionerson the mutual Consent, in the interest of
justice.

Any other order(s) which this Hon’ble Court deems fit and proper
may also be passed in favour of the parties.
PETITIONER NO.1 PETITIONER NO.2

THROUGH: THROUGH:

COUNSEL COUNSEL

DELHI
DATED:

VERIFICATION:-
We the petitioners verified that the contents of para No.1 to 10 are true
and correct to our personal knowledge and belief and Para No.11 to 16
are true and correct as per information received and legal advice received
and believed to be true and correct. The last para is prayer to this Hon'ble
Court.

Verified at Delhi on this ____ Day of February-2023

PETITIONER NO.1 PETITIONER NO.2

IN THE COURT OF LD. PRINCIPAL JUDGE: FAMILY COURT,
DISTRICT SHAHDARA, KARKRDOOMA COURTS, DELHI

HMA PETITION ________ OF 2023

AFFIDAVIT

I, Kiran (Age years) W/o Sh. Vishal S/o Sh. do hereby solemnly
affirm and declare as under:

1. That I am deponent herein and the petitioner No.1/wife in the

above noted matter and am well conversant with the facts and
circumstances of the case, hence I am competent to swear this
affidavit.

2. That I have filed the accompanying petition under Section

13-B(1) of the H.M.A Act before this Hon’ble Court. The
contents of the same are not being repeated herein for the sake
of brevity and the same may be read as part and parcel of this
affidavit.

3. That I got married with the petitioner No.2 according to Hindu

Rites and ceremonies on

4. That I have been living separately from the petitioner No.2

w.e.f. ______and we are not able to live together and have not
cohabited with each other since then. The marriage has broken
down irretrievably.

5. That mutual consent for divorce has not been obtained by

force, fraud or undue influence by me or petitioner No.2.

6. That the petition has been drafted by my counsel under my

 instruction. The contents of the same are read over to me in
vernacular language and I have signed the same in the token
of its correctness.

DEPONENT

VERIFICATION:-

Verified at Delhi on this ____ day of February-2023that the contents

of my affidavit with accompanying petition U/s 13-B(1) of H.M.A.
are true and correct to my knowledge and belief and nothing has
been concealed therefrom.

DEPONENT
IN THE COURT OF LD. PRINCIPAL JUDGE: FAMILY COURT,
DISTRICT SHAHDARA, KARKRDOOMA COURTS, DELHI

HMA PETITION ________ OF 2023

IN THE MATTER OF:-

Smt. Kiran … Petitioner No.1
AND
Sh.Vishal … Petitioner No.2
AFFIDAVIT

I, Vishal (Age years) S/o R/o H. No. do hereby solemnly affirm and
declare as under:

1. That I am deponent herein and the petitioner No.2/husband in the

above noted matter and am well conversant with the facts and
circumstances of the case, hence I am competent to swear this
affidavit.
2. That I have filed the accompanying petition under Section 13-
B(1) of the H.M.A Act before this Hon’ble Court. The contents
of the same are not being repeated herein for the sake of brevity
and the same may be read as part and parcel of this affidavit.
3. That I got married with the petitioner No.1 according to Hindu
Rites and ceremonies o_____
4. That I have been living separately from the petitioner No.1w.e.f.
________and we are not able to live together and have not
cohabited with each other since then. The marriage has broken
down irretrievably.

5. That mutual consent for divorce has not been obtained by force,
fraud or undue influence by me or petitioner No.1.
6. That the petition has been drafted by my counsel under my
 instruction. The contents of the same are read over to me in
vernacular language and I have signed the same in the token of
its correctness.
DEPONENT

VERIFICATION:-

Verified at Delhi on this ____ day of February-2023 that the contents

of my affidavit with accompanying petition U/s 13-B(1) of H.M.A.
are true and correct to my knowledge and belief and nothing has
been concealed therefrom.

DEPONENT
IN THE COURT OF LD. PRINCIPAL JUDGE: FAMILY COURT,
DISTRICT SHAHDARA, KARKRDOOMA COURTS, DELHI

HMA PETITION ________ OF 2023

IN THE MATTER OF:-

Smt.Kiran … Petitioner No.1
AND
Sh.Vishal … Petitioner No.2
AFFIDAVIT OF THE PETTIONER NO.1/WIFE AS PER
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

I, Kiran (Age years) W/o Sh. Vishal D/o Sh. do hereby solemnly
affirm and declare as under:
1. That I say that I am petitioner No.1/wife in the above mentioned
petition and am fully conversant with the facts of the petition,
thus I am competent and in a position to swear this affidavit.

2. That I say that I got married with the petitioner No.2 on

according to Hindu Rites and Ceremonies, at Delhi. And out of
this wedlock, there is no child born to the parties.

3. That I have been living separately from the petitioner No.2 w.e.f
_________and we are not able to live together and have not
cohabited with each other since then. The marriage has broken
down irretrievably.

4. That the parties to the petition have mutually agreed that their
marriage should be dissolved by mutual consent by a decree of
divorce by this Hon’ble Court.

5. That with the intervention of the parents, well-wishers, friends

 etc., the petitioner No.1 and 2 have decided to resolve their all
matrimonial issues and also they have arrived into a
MOU/Settlement Deed dt.09.02.2023on the following terms and
conditions:-
I. It is agreed between the parties that both the parties shall dissolve
their marriage by filing a petition under/section 13B (1) & (2) of
the HMA on the ground of mutual consent before the Hon’ble
Family Courts, New Delhi.
II. It is further agreed between the parties that after expiry of
mandatory prescribed six months or any earlier is any so permitted
under the law/Judicial Prouncement they will file the second
motion as contemplated under the HMA, 1956, or in any other law
and both the parties shall cooperate in entire process of mutual
consent divorce proceedings and shall duly appear before the
Hon’ble court for recording of their respective statement as
required in law for the first and the second motion.
III. It is further agreed between the parties that the wife will not have
any right, titles, interest, claim etc. whatsoever over the movable
and immovable properties of husband after granting the divorce
subject to compliance to this agreement.
IV. It is further agreed between the parties that these all proceedings
shall be completed within 60 days positively.
V. It is further agreed and undertake not to file any other
complaint/petition on/Execution Petition etc. against each other at
any point of time in future in any court of law in India and both
the parties hereby agreed to abide by the present settlement as
having been reached without any undue influence, pressure or
coercion.
 VI. It is agreed between the parties that in the event of failure of the
compliance of the present settlement both the parties shall be at
liberty to seek revival and pursue their respective cases/remedies
under law which includes proceedings mention herein.
VII. That the parties have agreed on each and every terms as recorded
in the settlement after carefully reading and understanding and
appreciating the contents scope and effect thereof, as also the
consequences of breach thereof including payments of the
fine/penalty as mentioned above.
VIII. That the above settlement between the parties has been arrived at
out of their free will, volition and consent and without any force,
pressure, undue, influence, coercion, or mistake, misrepresentation
(both the law and facts) from any quarters whatsoever and the
parties have signed the present settlement after being explained
the content of the settlement in vernacular.

6. That the petitioners are fully satisfied with the present

MOU/Settlement and as such they will not file any claim of any
nature whatsoever in future including claim for maintenance,
permanent alimony etc. against each other or their respective
family members.

7. That I undertake to abide by the MOU/Settlement arrived at

between me and petitioner No.2 as mentioned in the foregoing
paras as mentioned above.
8. That in case of any breach/violation/ willful/deliberate
disobedience of the terms of the MOU/Settlement, I shall be liable
to be punished for contempt of court.

9. That I undertake to abide by the stipulation as 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.

10. That I say that the above petition is not presented in collusion with
the petitioner No.2.

11. That I say that the mutual consent has not been obtained by force,
fraud or undue influence.

12. That I say that I have gone through the accompanying petition for
dissolution of marriage by a decree of dissolution of marriage by
mutual consent and the contents of the same are correct and no
part of it is false.

13. That I say that I undertake to abide by the terms and conditions as
mentioned in the petition in its true letter and spirit.

14. That I say that the contents of the accompanying petition may be
read as part of this affidavit as those are not being repeated herein
for the sake of brevity.

DEPONENT

VERIFICATION:-
Verified at Delhi on this ___ day of February-2023 ,that the contents of
my aforesaid affidavit are true and correct. No part of it is false and
nothing material has been concealed therefrom.

DEPONENT
IN THE COURT OF LD. PRINCIPAL JUDGE: FAMILY COURT,
DISTRICT SHAHDARA, KARKRDOOMA COURTS, DELHI

HMA PETITION ________ OF 2023

IN THE MATTER OF:-

Smt. Kiran … Petitioner No.1
AND
Sh. Vishal … Petitioner No.2
AFFIDAVIT OF THE PETTIONER NO.2/HUSBAND AS PER
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

I, Vishal (Age years) S/o R/o H. No., do hereby solemnly affirm

and declare as under:

1. That I say that I am petitioner No.2/husband in the above

mentioned petition and am fully conversant with the facts of the
petition, thus I am competent and in a position to swear this
affidavit.

2. That I say that I got married with the petitioner No.1on

12.12.2018 according to Hindu Rites and Ceremonies, at
Delhi.andout of this wedlock, there is no child born to the
parties.

3. That I have been living separately from the petitioner No.1w.e.f.

and we are not able to live together and have not cohabited with
each other since then. The marriage has broken down
irretrievably.
4. That the parties to the petition have mutually agreed that their
marriage should be dissolved by mutual consent by a decree of
 divorce by this Hon’ble Court.

5. That with the intervention of the parents, well-wishers, friends

etc., the petitioner No.1 and 2 have decided to resolve their all
matrimonial issues and also they have arrived into a
MOU/Settlement Deed dt.09.02.2023 on the following terms and
conditions:-
I. It is agreed between the parties that both the parties shall dissolve
their marriage by filing a petition under/section 13B (1) & (2) of
the HMA on the ground of mutual consent before the Hon’ble
Family Courts, New Delhi.
II. It is further agreed between the parties that after expiry of
mandatory prescribed six months or any earlier is any so permitted
under the law/Judicial Prouncement they will file the second
motion as contemplated under the HMA, 1956, or in any other law
and both the parties shall cooperate in entire process of mutual
consent divorce proceedings and shall duly appear before the
Hon’ble court for recording of their respective statement as
required in law for the first and the second motion.
III. It is further agreed between the parties that the wife will not have
any right, titles, interest, claim etc. whatsoever over the movable
and immovable properties of husband after granting the divorce
subject to compliance to this agreement.
IV. It is further agreed between the parties that these all proceedings
shall be completed within 60 days positively.
V. It is further agreed and undertake not to file any other
complaint/petition on/Execution Petition etc. against each other at
any point of time in future in any court of law in India and both
 the parties hereby agreed to abide by the present settlement as
having been reached without any undue influence, pressure or
coercion.
VI. It is agreed between the parties that in the event of failure of the
compliance of the present settlement both the parties shall be at
liberty to seek revival and pursue their respective cases/remedies
under law which includes proceedings mention herein.
VII. That the parties have agreed on each and every terms as recorded
in the settlement after carefully reading and understanding and
appreciating the contents scope and effect thereof, as also the
consequences of breach thereof including payments of the
fine/penalty as mentioned above.
VIII. That the above settlement between the parties has been arrived at
out of their free will, volition and consent and without any force,
pressure, undue, influence, coercion, or mistake, misrepresentation
(both the law and facts) from any quarters whatsoever and the
parties have signed the present settlement after being explained
the content of the settlement in vernacular.

6. That the petitioners are fully satisfied with the present

MOU/Settlement and as such they will not file any claim of any
nature whatsoever in future including claim for maintenance,
permanent alimony etc. against each other or their respective
family members.
7. That I undertake to abide by the MOU/Settlement arrived at
between me and petitioner No.1 as mentioned in the foregoing
parasas mentioned above.

8. That in case of any breach/violation/ willful/deliberate

disobedience of the terms of the MOU/Settlement, I shall be liable
to be punished for contempt of court.

9. That I undertake to abide by the stipulation as 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.

10. That I say that the above petition is not presented in collusion with
the petitioner No.1.

11. That I say that the mutual consent has not been obtained by force,
fraud or undue influence.

12. That I say that I have gone through the accompanying petition for
dissolution of marriage by a decree of dissolution of marriage by
mutual consent and the contents of the same are correct and no
part of it is false.

13. That I say that I undertake to abide by the terms and conditions as
mentioned in the petition in its true letter and spirit.

14. That I say that the contents of the accompanying petition may be
read as part of this affidavit as those are not being repeated herein
for the sake of brevity.
 DEPONENT

VERIFICATION:-

Verified at Delhi on this ___ day of February-2023 that the contents of

my aforesaid affidavit are true and correct. No part of it is false and
nothing material has been concealed therefrom.

DEPONENT