IN THE COURT OF PRINCIPAL JUDGE, FAMILYCOURT, SAKET

COURTS, NEW DELHI

H.M.A. CASE NO. ________ OF 2019

IN THE MATTER OF:

ANKITA ANAND …PETITIONER No. 1

VERSUS

ANSHUL SRIVASTAVA …PETITIONER No. 2

INDEX

Sr. No. PARTICULARS PAGE NO.

1. Memo of Parties

2. Application under Section 13-B (1) of the Hindu

Marriage Act, 1955 (First Motion) along with
affidavits in support

3. Annexure – 1

Marriage Certificate

4. Annexure – 2

Marriage Invitation Card

5. Annexure – 3

Photographs of the Marriage

6. Annexure – 4

Identity Proof of both the parties

7. Vakalatnama

New Delhi Petitioners

____.11.2019
THROUGH

(M. N. Haq & F. A. Khan)

Counsels for the Petitioner
SYNDICATE LAW OFFICES
A – 35, L.G.F., Defence Colony,
New Delhi-110024
(M): 9950999675, 9911997475
 IN THE COURT OF PRINCIPAL JUDGE, FAMILYCOURT, SAKET
COURTS, NEW DELHI

H.M.A. CASE NO. ________ OF 2019

IN THE MATTER OF:

ANKITA ANAND …PETITIONER No. 1

VERSUS

ANSHUL SRIVASTAVA …PETITIONER No. 2

MEMO OF PARTIES

Smt. Ankita Anand

W/O- Shri Anshul Srivastava
D/O- Shri Chandesh Kumar

Permanent Address:
72/6, M.B. Road,
Sector – 1, Pushp Vihar,
Malviya Nagar, Hauz Khas,
Delhi – 110017

Current Address:
Quirrinstrasse 11,
Frankfurt am Main 60599,
Germany ….Petitioner No.1

AND

Shri Anshul Srivastava

S/O- Shri Prem Narain Srivastava
R/O- J – 102, Krishvi Dhavala,
Doddakannelli Road, Near Gear School,
Doddakannelli, Banglore – 560035 ….Petitioner No.2

New Delhi Petitioners

.2019
THROUGH

(M. N. Haq & F. A. Khan)

Counsels for the Petitioner

SYNDICATE LAW OFFICES
A – 35, L.G.F., Defence Colony,
New Delhi-110024
(M): 9950999675, 9911997475
 IN THE COURT OF PRINCIPAL JUDGE, FAMILYCOURT, SAKET
COURTS, NEW DELHI

H.M.A. CASE NO. ________ OF 2019

IN THE MATTER OF:

ANKITA ANAND …PETITIONER No. 1

VERSUS

ANSHUL SRIVASTAVA …PETITIONER No. 2

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF

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

MOST RESPECTFULLY SHOWETH:

1. That the petitioner No.1 and petitioner No. 2 were married on

06.12.2014 at Tivoli Garden Resort Hotel, Chhattarpur, Mandir Road,
New Delhi - 110074 as per Hindu rites and ceremonies. The said
marriage was duly registered with the Registrar concerned, who has
issued the certificate regarding the same. Duly attested affidavits of
both the parties to this effect are annexed along with this petition.

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 of the present
petition are as follows:
HUSBAND WIFE
Status/ Place of Status/ Place of
Age Residence Age Residence
Before Bachelor J – 102, Krishvi Spinster 72/6, M.B.
30 years Dhavala, 27 years Road,
Marriage
Doddakannelli Hindu Sector – 1,
Road, Near Gear Pushp Vihar,
School, Malviya Nagar,
Doddakannelli, Hauz Khas,
 Banglore – 560035 Delhi – 110017
At the Married ________Mumbai, Married Quirrinstrasse
35 Yrs Maharashtra 32 Yrs. 11,
time of
Hindu Frankfurt am
Filing Main 60599,
Hindu Germany
Petition

3. That due to certain irreconcilable temperamental differences and

mental incompatibility both the parties are living separately since
__________ (date). There has been no co-habitation or any sort of
relationship / interaction between each other since ________ (date).

4. That with the passage of time and the healthy intervention of well-

meaning friends and relatives, both sides realized that their differences

could not be reconciled. They decided to end the impasse and end the

marriage by taking divorce by mutual consent.

5. That the marriage between the parties has now broken down

irretrievably and there are no chances of both of them living together

as husband and wife. There has been no cohabitation between both the

petitioners since their separation from each other on ______ (date) till

date.

6. That both the petitioners have agreed to settle all their disputes

amicably arising out of breakdown of this marriage with the

intervention of few well wishers, friends and relatives etc. The terms

agreed between the parties are as under: -

a) Both the parties will dissolve their marriage by seeking divorce

by mutual consent in a competent court of law at New Delhi.
 b) Both parties agreed that the petitioner no. 1 will not claim any
amount towards maintenance, permanent alimony, istridhan
and dowry articles. The petitioner no. 1 will only take a token
sum of Rs 1/- only towards full and final satisfaction qua all her
claims, passed present and future arriving out of the marriage
including permanent alimony, istridhan, dowry articles,
maintenance etc.

c) Both parties will file the Second Motion within one week of the
first motion along with an application for waiver of the statutory
six months cooling off period since they have been separated
since __________ (date).

7. That both the parties have agreed to act upon the settlement
mentioned in para 5 hereinabove and have hence agreed to amicably
sign the present petition for divorce by mutual consent.

8. That both the Petitioner No.1 and Petitioner No. 2 have agreed to part
ways amicably without indulging in any acrimonious litigation or
mudslinging against each other, either at present or in future as there
has been no cause whatsoever for the same in the form of unsocial
behaviour, mental or physical harassment, any dowry demand or any
unnatural demands/acts on the part of any of the parties or their
friend and/or relatives except irreconcilable differences and mental
incompatibility. Both parties agree not to file in future, any case or
complaint in any court of law, whether civil or criminal, or any
authority, whether judicial or quasi- judicial, against each other or the
family members of each other for any dispute / claim in respect of
their marriage. It is agreed that if any undisclosed civil or criminal
complaint is instituted by any of the parties which are not in the
knowledge of the other side, then the same will be deemed to be
considered as withdrawn and not have any legal effect. Both parties
have agreed to part ways gracefully in an amicable manner.
9. That as stated before, the parties have been living separately ________
(date) and have finally decided to dissolve their marriage by mutual
consent. There are no chances of reconciliation, nor is there any
possibility nor probability of any reconciliation or them ever living
together. Therefore, the present petition is being filed for divorce on
the basis of mutual consent.

10. That the mutual consent has not been obtained by force, fraud or
undue influence.

11. That there is no legal ground as to why the relief prayed for should not
be granted to the parties.

12. That the petition has not been presented by the parties in collusion
with each other.

13. That there have been no proceedings between the parties with respect
to grant of divorce by or on behalf of the parties.

14. That there has not been any unnecessary or improper delay in filing
the present petition.

15. That this Hon’ble Court has jurisdiction to entertain the case as
petitioner no. 2 permanently resides at Pushp Vihar, New Delhi.

16. That the necessary and proper court fee as required under the law has
been affixed on this petition.

PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may be
graciously pleased to:-

a) dissolve the marriage between the Petitioner No.1 and Petitioner No. 2
by passing a decree of divorce by mutual consent (First Motion) as per
the provisions of law under Section 13B(1) of the HMA, 1955, and

b) pass any other and further order as this Hon’ble Court may deem fit,
just and proper in the facts and circumstances of the case.

New Delhi Petitioners

.2019

THROUGH

(M. N. Haq & F. A. Khan)

Counsels for the Petitioner
SYNDICATE LAW OFFICES
A – 35, L.G.F., Defence Colony,
New Delhi-110024
(M): 9950999675, 9911997475
VERIFICATION:

We, the above named petitioners state on solemn affirmation that the
contents of paras 1 to 7 of the above petition are true and correct to the
petitioners’ knowledge and those of paras 9 to 16 are true to the legal advice
received and believed to be true and last para is prayer clause to this Hon’ble
Court.

Verified at New Delhi on this ____ day of ________ of November, 2019.

Petitioner No. 1 Petitioner No. 2

 IN THE COURT OF PRINCIPAL JUDGE, FAMILYCOURT, SAKET
COURTS, NEW DELHI

H.M.A. CASE NO. ________ OF 2019

IN THE MATTER OF:

ANKITA ANAND …PETITIONER No. 1

VERSUS

ANSHUL SRIVASTAVA …PETITIONER No. 2

AFFIDAVIT

I, Smt. Ankita Anand W/O- Shri Anshul Srivastava D/O- Shri Chandesh
Kumar R/o Permanent Address: 72/6, M.B. Road, Sector – 1, Pushp Vihar,
Malviya Nagar, Hauz Khas, Delhi – 110017 and Current Address:
Quirrinstrasse 11, Frankfurt am Main 60599, Germany, presently at New
Delhi, do hereby solemnly affirm, state and declare as under:-

1) That I am petitioner No. 1 in the above noted case and am fully

conversant with the facts of the case and am competent to file and
swear the present affidavit.

2) That the accompanying petition under Section 13B(1) of the Hindu

Marriage Act, 1955 has been drafted by the counsel under my
instructions, contents of the same are true and correct to my
knowledge.

3) That the Petitioner No.1 and Petitioner No.2 are related to each other
as wife and husband. The marriage of the petitioner was solemnized
on 06.12.2014 at Tivoli Garden Resort Hotel, Chhattarpur, Mandir
Road, New Delhi – 110074 and the same was registered at Registrar if
Marriage, Varthur, Banglore – 560087 on 08.03.2018.

4) That the deponent says that she is living separately from Petitioner No.
2 since ________ (date).
5) That the mutual consent has not been obtained by force, fraud or
undue influence.

6) That the petition is not presented in collusion with the other party.

Deponent

VERIFICATION:

Verified at New Delhi on this the day of May, 2018 that the contents of
my affidavit are true and correct to my knowledge, no part of it is false and
nothing material has been concealed therefrom.

Deponent
 IN THE COURT OF PRINCIPAL JUDGE, FAMILYCOURT, SAKET
COURTS, NEW DELHI

H.M.A. CASE NO. ________ OF 2019

IN THE MATTER OF:

ANKITA ANAND …PETITIONER No. 1

VERSUS

ANSHUL SRIVASTAVA …PETITIONER No. 2

AFFIDAVIT

I, Anshul Srivastava S/O- Shri Prem Narain Srivastava R/O- J – 102, Krishvi
Dhavala, Doddakannelli Road, Near Gear School, Doddakannelli, Banglore –
560035, presently at New Delhi, do hereby solemnly affirm, state and declare
as under:-

1) That I am petitioner No. 2 in the above noted case and am fully

conversant with the facts of the case and am competent to file and
swear the present affidavit.

2) That the accompanying petition under Section 13B(1) of the Hindu

Marriage Act, 1955 has been drafted by the counsel under my
instructions, contents of the same are true and correct to my
knowledge.

3) That the Petitioner No.1 and Petitioner No.2 are related to each other
as wife and husband. The marriage of the petitioner was solemnized
on 06.12.2014 at Tivoli Garden Resort Hotel, Chhattarpur, Mandir
Road, New Delhi – 110074 and the same was registered at Registrar if
Marriage, Varthur, Banglore – 560087 on 08.03.2018.

4) That the deponent says that he is living separately from Petitioner No.
1 since ________ (date).

5) That the mutual consent has not been obtained by force, fraud or
undue influence.
6) That the petition is not presented in collusion with the other party.

Deponent

VERIFICATION:

Verified at New Delhi on this the_____day of November, 2019 that the

contents of my affidavit are true and correct to my knowledge, no part of it is
false and nothing material has been concealed therefrom.

Deponent