IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY

COURT, SAKET COURT, SOUTH EAST DISTRICT, NEW

DELHI
H.M.A. NO. OF 2023

IN THE MATTER OF:

AAYUSH ...PETITIONER NO.1

AYESHA ...PETITIONER NO.2

INDEX

S.No PERTICULARS Page. No

1. Court Fees
2. Memo of Parties
3. Petition for Dissolution of Marriage by a
Decree of Divorce by Mutual Consent Under
Section 13(b) (i) of Hindu Marriage Act,
1955 (As amended byMarriage Laws
(Amendment) Act.1976), with Affidavits.
4. Affidavit as Per Judgment Dated 15.05.2008 of
the Petitioner
5. List of documents with documents
6. Vakalatnama
7. Duplicate Copy

Place: Delhi

Dated:

THROUGH
PETIONER NO 1 PETITIONER NO 2

TAMANNA SINGHAL MRIDUL SINGHANIA

(ADVOCATE) (ADVOACTE)
NP- 151B, Chamber No 171
Maurya Enclave Pitampura Lawyers Chamber Block –II
New Delhi 110034 Delhi High Court, New Delhi 110017
Email id: harshitagautam676@gmail.com Email id : law.sanchit@gmail.com
Phone No: 9971496814 Phone No:9999416944
 IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY
COURT, SAKET COURT, SOUTH EAST DISTRICT, NEW
DELHI
H.M.A. NO. OF 2023

MEMO OF PARTIES

IN THE MATTER OF:_

AYESHA, W/O. AAYUSH ,D/O MADAN SINGH,
Currently resident of DWARKA, New Delhi
110037.
Adhar Card No. 1234 1234 2345
Mobile No. 8448835012
..PETITIONER NO.1
AND

AAYUSH, SON OF RANJAN

SINGH, -
Currently residing at SAKET, New Delhi -
110024.
Aadhar Card No .1231 9864 1234
Mobile No 8287862234
...PETITIONER NO.2
Place: Delhi
Dated:
THROUGH

PETIONER NO 1 PETITIONER NO 2

TAMANNA SINGHAL MRIDUL SINGHANIA

(ADVOCATE) (ADVOACTE)
NP- 151B, Chamber No 171
Maurya Enclave Pitampura Lawyers Chamber Block –II
New Delhi 110034 Delhi High Court, New Delhi 110017
Email id: harshitagautam676@gmail.com Email id : law.sanchit@gmail.com
Phone No: 9971496814 Phone No:9999416944
 IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY
COURT, SAKET COURT, SOUTH EAST DISTRICT, NEW
DELHI
H.M.A. NO. OF 2023

IN THE MATTER OF:

AYESHA ...PETITIONER NO.1

AND
AAYUSH ...PETITIONER NO.2

P.S.

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE

OF DIVORCE BY MUTUAL CONSENT UNDER SECTION 13 (B)
(1) OFHINDU MARRIAGE ACT, 1955 (NO. 25 OF 1955) (AS
AMENDED BY MARRIAGE LAWS (AMENDMENT) ACT 1976).
The above named petition most respectfully submit as under

1. That the marriage between the parties was solemnizedaccording

to Hindu rites and ceremonies on 10.03.2015 at Arya Samaj
Mandir in Ghazaiabd, Uttar Pradesh. The affidavits of both the
petitioners are annexed herewith.

2. That the status and place of residence of the parties to the

marriage, before the marriage and at the time of filing of the
present petition were/are as follows :-
 PETITIONER NO.1 /WIFE

Before the Marriage :‐

Status Age Place of residence

Hindu 23 36/1-5, 4TH floor, Yusuf Sarai

Near Gurdawara, New Delhi
110016.
At the time of filing the
petition:‐
Status Age Place of residence

Hindu 24 36/1-5, 4TH floor, Yusuf Sarai

Marrie Near Gurdawara, New Delhi
d 110016.

PETITIONER NO.2 /HUSBAND

Before the Marriage :‐

Status Age Place of residence

Hindu 26 60 C, L Block Janta Flats, Saket

Bachelo Malviya Nagar, New Delhi
r
At the time of filing the petition:‐
Status Age Place of residence

Hindu 27 -E-70, Lajpat Nagar 2, Ist floor,

Married New Delhi -110024.
That no child was born from this wedlock

3. That after the marriage both petitioners started living together in

the matrimonial home and they lived together there till
26.06.2022. That due to temperamental differences and
compatibility issues between the parties both the parties have
not maintained the relationship of husband and wife since
13.05.2022 and since then they both have not cohabited together
as husband and wife. That since 13.05.2022, Petitioner No.1 has
been residing separately from the Petitioner No.2. Thus
petitioners are living separately from each other since
13.05.2022.

4. That the parties are not maintaining matrimonial relation between

them since the day of their separation from the month of July
2022. Now there is no possibility or probability of their living
together as husband and wife.

5. That the both the petitioners, with the intervention of relatives and
parents, have decided to part way gracefully and amicably and to
seek divorce from the Hon'ble Court by way of mutual consent
after expiry of one year of statutory separation while filing mutual
consent divorce petition in competent court of jurisdiction.
 6. Both the petitioners to the petition have mutually agreed that their
marriage should be dissolved by way of divorce through mutual
consent. The petitioners have mutually settled their disputes and
entered into agreement/compromise dated and settled
all their disputes, inter‐alia, of maintenance, alimony, Stridhan
and other articles.

That the parties have settled their all dispute out of the Courtamicably in
terms and conditions and signed by both the Petitioners by way of
Memorandum of Settlement dated _, which is hereto marked and
annexed as “Annexure A”.

7. That both the petitioners hereby reduce the terms of their

settlement in the following manner:

a) It has been decided between the parties that Petitioner No. 1

will not claim any maintenance and alimony, inexcess of what
is agreed in the memorandum of Settlement dated
from the Petitioner No.2 or any other expenses
on account of their marriage.
b) It has been further agreed between the petitioners that they
shall not file any case/complaint/litigation against each other
and their family members in future.
c) It has been agreed between the petitioners that after this settlement,
 there shall be no right, title and interest against each other in the
moveable and immovable properties in future.

d) It is specifically agreed that both the petitioners will appear on

the first and second motion in the divorce petition, without any
delay or any excuses, whatsoever, and in case any of the party
refuses to depose or sign or fails to come to court for recording
of statement, then the party in default will be liable for legal
action as envisagedunder the law and the affected party will be
at liberty to initiate legal proceedings for her/his rights and for
damages, maintenance, etc.
e) The settlement/compromise between the petitioners is without
any pressure, coercion or threat or undueinfluence of any kind
and the contents of the same have been understood by both the
petitioners.
f) It is agreed that the petitioners shall remain bound by the
aforesaid terms of settlement.
g) That the parties are living separately since 13.05.2022 and
statutory condition of living separately for one year before
filing first motion under Section 13 B(1) of Hindu Marriage
Act has already been fulfilled.
h) That the Petition is not presented in collusion between the
parties. The mutual consent has not been obtained by force,
fraud or undue influence.
i) That there is no other legal ground why relief should not be
granted to the petitioners.
 8. That the petitioners submit that this Court has jurisdiction to
entertain this petition as the Petitioner No.1 is residing in Yusuf
Sarai, Delhi, within the jurisdiction of this Hon’ble Court.

9. That the necessary fixed court fee has been affixed on the petition.

PRAYER

In view of the aforesaid facts and circumstances of the case

it is most humbly prayed to the Hon'ble Court that the marriage between
the parties (Petitioner No.1 and Petitioner No.2, herein) be dissolved by a
decree of divorce on the basis of mutual consent in terms of Section 13
B(1) of Hindu Marriage Act 1955. The parties do not claim any relief of
cost against each other in the facts and circumstances of the case

Place: Delhi

Dated:

THROUGH

PETIONER NO 1 PETITIONER NO 2
HARSHITA GAUTAM SANCHIT KHNANNA
(ADVOCATE) (ADVOACTE)
NP- 151B, Chamber No 171
Maurya Enclave Pitampura Lawyers Chamber Block –II
New Delhi 110034 Delhi High Court, New Delhi 110017
Email id: harshitagautam676@gmail.com Email id : law.sanchit@gmail.com
Phone No: 9971496814 Phone No:9999416944

VERIFICATION:

We, the above named petitioners, state on solemn affirmation that

the contents of paragraphs no. 1 to 8 of the petition are true and
correct to our knowledge and those of Paras No.9 to 10 are
believed to be true on the basis of legal information received. Last
paragraph is prayer clause to this Hon’ble Court.

Verified on this day of 2023

PETITIONER NO.1 PETITIONER NO.2

 IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY
COURT, SAKET COURT, SOUTH EAST DISTRICT, NEW DELHI

H.M.A. NO. OF 2023

IN THE MATTER OF:

AYESHA ...PETITIONER NO.1

AND

AAYUSH ...PETITIONER NO.2

AFFIDAVIT

I, SMT. AYESHA, WIFE OF AAYUSH,

D/O MADAN SINGH, currently DWARKA, New Delhi 110016, do
hereby solemnly affirm an declare as under :-

1. That I am Petitioner no.1 in the above noted case and well

conversant with the facts of the case and as such is competent to swear
this affidavit.

2. That I was married with Petitioner No.2 in accordance with Hindu

Rites and Ceremonies on 10.03.2015 in Arya Samaj Mandir in
SAKET, NEW DELHI.

3. That since 13.05.2022, I am living separately from Petitioner No.2.

4. That there has not been any improper or un-necessary delay in
filing the petition. The present petition has not been presented in
collusion and connivance with the Petitioner No. 2.

5. That there is no other legal ground why relief should not be granted
as prayed for.

6. The contents of the accompanying petition U/s 13 B (1) of Hindu

Marriage Act has been drafted by my counsel under my instructions and
contents of same are true and correct to my knowledge and contents of
the same may kindly be read as part and parcel of this affidavit as same
are not repeated herein for sake of brevity

DEPONENT

VERIFICATION

Verified at Delhi on this the day of 2023 that the contents of

the above affidavit are true and correct to my knowledge and belief and
nothing material has been concealed there from.

DEPONENT
 IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY
COURT, SAKET COURT, SOUTH EAST DISTRICT, NEW
DELHI
H.M.A. NO. OF 2023
IN THE MATTER OF:

AYESHA ...PETITIONER NO.1

AND

AAYUSH ...PETITIONER NO.2

AFFIDAVIT

I, AAYUSH, SON OF SHIV PRAKASH KHURANA,

SAKET, New Delhi -110024 do hereby solemnly affirm an declare as
under :-
1. That I am Petitioner no.2 in the above noted case and well conversant
with the facts of the case and as such is competent to swear this
affidavit.

2. That I was married with Petitioner No.1 in accordance with Hindu

Rites and Ceremonies on 10.03.2015 in Arya Samaj Mandir in SAKET,
NEW DELHI.

3. That since 13.05.2022, I am living separately from Petitioner No.1.

4. That there has not been any improper or un-necessary delay in filing
the petition. The present petition has not been presented in collusion
and connivance with the Petitioner No. 1.
5. That there is no other legal ground why relief should not be granted
as prayed for.

6. The contents of the accompanying petition U/s 13 B (1) of Hindu

Marriage Act has been drafted by my counsel under my instructions
and contents of same are true and correct to my knowledge and
contents of the same may kindly be read as part and parcel of this
affidavit as same are not repeated herein for sake of brevity

DEPONENT

VERIFICATION

Verified at Delhi on this th day of 2023 that the contents

of the above affidavit are true and correct to my knowledge and belief
and nothing material has been concealed there from.

DEPONENT
 IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY
COURT, SAKET COURT, SOUTH EAST DISTRICT, NEW
DELHI
H.M.A. NO. OF 2023
IN THE MATTER OF:

AYESHA ...PETITIONER NO.1

AND

AAYUSH ...PETITIONER NO.2

AFFIDAVIT ON BEHALF OF THE PETITIONER

NO.1 AS AS PER THE JUDGMENT DATED
15.05.2018 OF HON’BLE HIGH COURT OF DELHI
AT NEW DELHI IN THE MATTER OF RAJAT
GUPTA VS RUPALI GUPTA IN CONT. CASE(C)
772/2013

I, SMT. AAYESH, WIFE OF AAYUSH, D/O

MADAN SINGH currently DWARKA, New Delhi 110016, do
hereby solemnly affirm an declare as under :

1. I am the petitioner no.1 in the above noted case and am

well conversant with the facts there of and am competent
to swear this affidavit.
2. That the marriage of the deponent was performed on
10.03.2015 according to Hindu Rites, Customs &
ceremonies at Arya Samaj Mandir in SAKET, NEW
DELHI.
3. That the deponent and petitioner no.2 could not live
together and could not pull out their married life together
 as temperamental disputes and differences arose between
the petitioners and they decided to live separately from
each other since 13.05.2022 and their marriage has been
broken down irrevocably and there is no chances of their
re-union in future.
4. That with the intervention and efforts of the well-wisher,
friends and family members, the deponent and petitioner
no.2 have decided to legally dissolve their marriage and
resolved all disputes and differences in an amicable and
more dignified manner i.e. by filing a petition for divorce
by way of Mutual Consent (U/s 13-B (1) of the HMA,
1955 between the parties to this effect with their free will
and mutual consent without any force, influence and
coercion from any corner.
5. That the deponent further states that the said settlement as
mentioned in para no 6 and 7 jointly filed by the
petitioners u/s 13-(B) 1 of HMA

6. That the present settlement agreement was executed after full

understanding the terms, consent, effect and consequences
thereof.
7. That the same was arrived at of their own free will and volition.
8. That the deponent is liable for penal consequences in case of
Breach or any other order passed by the court in consequences of
such breach of agreement.
9. That in case any breach is occurred on account of the deponent,
then the deponent shall be liable for penal action or contempt of
court and shall repay the amount if received by the deponent.
10.That the deponent undertakes that she will file and cooperate
with the petitioner no.2 in presenting and filling the second
motion petition and not breach the terms of settlement in future
in any manner.
11.That the deponent states that the deponent shall comply with the
judgment recently passed by the Hon’ble High Court of Delhi at
New Delhi titled as Rajat Gupta vs Rupali Gupta on dated
15.05.2018 vide Cont. case (c) 772/2013
12.That it is true and correct statement of deponent.

DEPONENT

VERIFICATION:-

Verified at Delhi on this day of 2023, that

the contents of this affidavit are true and correct to the best
of my knowledge and belief and nothing has been concealed
therefrom.

DEPONENT
 IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY
COURT, SAKET COURT, SOUTH EAST DISTRICT, NEW
DELHI
H.M.A. NO. OF 2023
IN THE MATTER OF:

AYESHA ...PETITIONER NO.1

AND

AAYUSH ...PETITIONER NO.2

AFFIDAVIT ON BEHALF OF THE PETITIONER NO.2

AS AS PER THE JUDGMENT DATED 15.05.2018 OF
HON’BLE HIGH COURT OF DELHI AT NEW DELHI IN
THE MATTER OF RAJAT GUPTA VS RUPALI GUPTA
IN CONT. CASE(C) 772/2013

I, SH. AAYUSH, SON OF RANJAN SINGH, currently R/O

SAKET, New Delhi -110024 do hereby solemnly affirm an
declare as under :-

1. That I am the petitioner no.2 in the above noted case and am

well conversant with the facts thereof and am competent to

swear this affidavit

2. That the marriage of the deponent was performed on 10.03.2015

according to Hindu Rites, Customs & ceremonies at Arya

 Samaj Mandir in SAKET, NEW DELHI

3. That the deponent and petitioner no.1 could not live together

and could not pull out their married life together as

temperamental disputes and differences arose between the

petitioners and they decided to live separately from each other

since 13.05.2022 and their marriage has been broken down

irrevocably and there is no chances of their re-union in future.

4. That with the intervention and efforts of the well-wisher, friends

and family members, the deponent and petitioner no.1 have

decided to legally dissolve their marriage and resolved all

disputes and differences in an amicable and more dignified

manner i.e. by filing a petition for divorce by way of Mutual

Consent (U/s 13-B (1) of the HMA, 1955 between the parties to

this effect with their free will and mutual consent without any

force, influence and coercion from any corner.

5. That the deponent further states that the said settlement as

mentioned in para no.6 jointly filed by the petitioners u/s 13-

(B) (1) of HMA.

6. That the present settlement agreement was executed after full

understanding the terms, consent, effect and consequences

thereof.
7. That the same was arrived at of their own free will and volition.

8. That the deponent is liable for penal consequences in case of

Breach or any other order passed by the court in consequences

of such breach of agreement.

9. That in case any breach is occurred on account of the deponent,

then the deponent shall be liable for penal action or contempt of

court and shall repay the amount if received by the deponent.

10. That the deponent undertakes that he will file and cooperate

with the petitioner no.1 in presenting and filling the second

motion petition and not breach the terms of settlement in future

in any manner.

11. That the deponent states that the deponent shall comply with the

judgment recently passed by the Hon’ble High Court of Delhi at

New Delhi titled as Rajat Gupta vs Rupali Gupta on dated

15.05.2018 vide Cont. case (c) 772/2013

12. That it is true and correct statement of deponent.

DEPONENT

VERIFICATION:-
 Verified at Delhi on this day of July 2023, that the

contents of this affidavit are true and correct to the best of

my knowledge and belief and nothing has been concealed

therefrom.

DEPONENT
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY
COURT, SAKET COURT, SOUTH EAST DISTRICT,
NEW DELHI
H.M.A. NO. OF 2023

IN THE MATTER OF:

AYESHA ...PETITIONER NO.1

AND
AAYUSH ...PETITIONER NO.2

LIST OF DOCUMENTS

S.No PARTICUALAR PAGE NO

1 COPPY OF AADHAR CARD OF THE
PETITIONERS
2 COPPY OF MARIAGE CERTIFICATE OF
THE PETITIONERS
3 MOU/DEED OF SETTLEMENT

Place: Delhi

Dated:

PETIONER NO 1 PETITIONER NO 2

TAMANNA SINGHAL MRIDUL SINGANIA

(ADVOCATE) (ADVOACTE)
NP- 151B, Chamber No 171
Maurya Enclave Pitampura
New Delhi 110034
110017
Email id: tamannasinghal676@gmail.com
Phone No: 9971496814
Lawyers Chamber Block –II
Delhi High Court, New Delhi
Email id : law.sanchit@gmail.com
Phone No:9999416944