IN THE COURT OF PRINCIPAL JUDGE,

FAMILY COURT, GAUTAUM BUDDHA NAGAR

PETITION No. ________/2022

IN THE MATTER OF
Roopam Garg,
Age: 50 years,
Occupation: Works in a private company,
Address: 71, Mall Avenue, Avas Vikas Colony,
District- Lucknow, presently residing at 61,
Ravindra Garden, Sector – E, Aliganj, Lucknow.
Petitioner No. 1
AND
Asmita Dubey,
Age: 48 years,
Occupation: Works in a private company,
Address: 1216, Sector 37, Arun Vihar,
Noida, Gautam Budh Nagar, 201303
Petitioner No. 2

A PETITION FOR DIVORCE BY MUTUAL CONSENT

U/S 13B OF HINDU MARRIAGE ACT, 1955

MOST RESPECTFULLY SHOWETH:

The Petitioners above named submit this petition praying to state as
follows;
1. That the present petition has being preferred by the Petitioners
seeking dissolution of their marriage by mutual consent and on
22.02.2022, i.e. on the 1st motion of the petitioners, the petitioners
mutually agreed and presented before this Court that they are
unwilling to live as husband and wife and the marriage between the
petitioners should be dissolved.
2. That the marriage between the petitioners was solemnized on 26th
November, 2001 at Hotel Clark Awadh, District Lucknow in
accordance with Hindu Traditions and Customs. The marriage was
registered before the Registrar Lucknow on 28.11.2001.

3. That the petitioners are residing separately since March 2008 and
there is no cohabitation between them since then.

4. That all the efforts of reconciliation between the petitioners to

continue with the present marriage have failed and there are no
further chances of reconciliation between the petitioners anymore.

5. That there are two children out of the wedlock of the petitioners,
Arush Garg, aged about 18 years born on 27 th June 2003 and
Agastya Garg, aged about 15 years born on 12 th September 2006.
The petitioners herewith agree that the custody of the two children
shall remain with Petitioner No. 2 and the Petitioner No. 1 shall have
the right to visit.

6. That the petitioners have finally decided to part with by initiating

proceedings seeking divorce by mutual consent and the present
petition is not being filed in collusion. In pursuance of the present
petition, the petitioners hereby agree on the following terms:
(a) The property in the joint name of the petitioners herein in
Mumbai, bearing the following details shall be sold by the
petitioners and the sale proceeds (post tax) of the same shall be
deposited in the bank in a joint account under Roopam Garg and
Asmita Dubey.
(b) The funds of such joint account as specified in clause 9 (a) shall
be used only for the purpose of higher education of Arush Garg
and Agastya Garg for payment of tuition fee.
(c) The funds can be transferred from the said joint account to the
account to third party only by joint signing Roopam Garg and
Asmita Dubey.
(d) If any balance is left, Arush Garg and Agastya Garg shall be
entitled to receive the balance amount from the above mentioned
joint account in equal proportion once they attain the age of 25
years, meaning thereby, Arush Garg shall be entitled to receive
the half of the balance amount once he attains the age of 25
years and thereafter Agastya Garg shall receive the remaining
amount once he attains the age of 25 years.

Property details: D203/204, Lake Lucerne ABCD Co-Hsg.

Society Ltd. Off, Adi Shankaracharya Marg, Near Gopal Sharma
School, Powai, Mumbai, Maharashtra – 400076.
 (e) The Petitioners shall cooperate with each other to sell the
property within a reasonable period of 1-2 years.

(f) The Petitioner No. 1 hereby agree to authorize the Petitioner No. 2
to operate the Locker in the joint name of Roopam Garg and
Asmita Dubey in the Bank (details of which have been mentioned
below) where the jewellery of the Petitioner No. 2 have been
stored.

Bank Details:-

Name of the Bank: ICICI Bank, Prabhadevi Branch

Locker No.: 0057R0200080, Joint name of Roopam Garg and
Asmita Dubey

7. That the petitioners are highly educated, professionally skilled and

earning sufficient income, hence no party shall claim or file any case
for maintenance, alimony or whatsoever against each other before
any court of law in India or abroad.

8. That both the Petitioner no.1 and 2 have already resolved the
disputes regarding the Istridhan and belonging etc, amicably, hence
in future they shall not indulge each other for the same before any
Court of law.

9. That the parties agree that they will not initiate any proceedings of
any nature against each other and/or against any and all of their
family members, as their matrimonial relationship no more survives
nor shall they raise any claims against each other and/or against
any and all of their family members with respect to any and all
movable or immovable properties belonging to either Parties and/or
any and all of their family members.

10. That in case any proceedings or case is filed by any of the

Petitioner No.1 or 2 against each other and/or against any and all of
their family members, then the same shall be treated as withdrawn
and non-est, and for the said purpose all necessary appropriate
steps shall be taken to get the same dismissed.

11. That the petitioners have settled all their disputes/claim,

counterclaims and there is no due with respect to any claim between
the petitioners.

12. That the Petitioner No. 2 is staying at her father’s residence at

1216, Sector 37, Arun Vihar, Noida, Gautam Budh Nagar, 201303
 and hence, this Hon’ble Court has the jurisdiction to grant the
decree of divorce as prayed for.

13. That there is no legal impediment in the grant of the decree of

divorce to the petitioners on the basis of mutual consent.

PRAYER
It is most respectfully prayed that this Hon'ble court be pleased to:
(a) dissolve the marriage between the petitioners, solemnized on
26.11.2001 by the decree of divorce by mutual consent and/or
(b) pass any other as this Hon'ble Court may deem fit and proper in the
nature and circumstances of the case.

Petitioner No. 1 Petitioner No. 2

VERIFICATION

I, Roopam Garg, aged about 50 years, currently residing at A143,

Trinity Tower, DLF 5, Gurgaon 122009, (the Petitioner No. 1 herein) do
hereby solemnly declare that what is stated in the foregoing
paragraphs of the petition is true to best of my own knowledge and
belief save and except for the legal submission.

Solemnly Declared at: Noida

On this _____ day of February 2022

Petitioner no. 1

I, Asmita Dubey, aged about 48 years, currently residing at 1216,

Sector 37, Arun Vihar, Noida, Gautam Budh Nagar, 201303 (the
Petitioner No. 2 herein) do hereby solemnly declare that what is stated
in the foregoing paragraphs of the present petition is true to best of my
own knowledge and belief save and except for the legal submission.

Solemnly Declared at: Noida

On this ____ day of February 2022

Petitioner no. 2