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IN THE HON'BLE COURT OF DISTRICT JUDGE, ROHINIYFam:

COURT, DELHI
H.M.A. NO. OF 2011

IN THE MATTER OF: O4o4cooolo 3al|

SH. HARISH KUMAR
S/o LATE MADAN LAL
R/O 29/277, TRILOK PURI
DELHI-91
..PETITIÓNER NO. 1

VERSUS
wdse rCCi tor a!
it Is ailocared to Mr./
SMI, KAMLESH @ KANCHAINe. Eamily Courts, ,o'uiai Courts
W) SHRI HARISH KUMAR iohi Fo..ole/!.
D/O SHRI Qvo PM
R/OH. No. 168,
SECTOR-6, ROHINI, POCKEI"Bk:.deslol]n Addl, Principal Juls
Femily Cout
DELHI-110085 Robini Coot
....PETeIOER NO. 2

PETITION FOR DISSOLUTION OF MARRIAGE BY ADECREE

SECTION 13-B
OF DIVORCE BY MUTUAL CONSENT UNDER
(1) OF THE HINDU MARRIAGE ACT, 1955 AS AMENDED BY
THE MARRIAGE LAWS (AMENDMENT) ACT, 1976.

MOST RESPECTFULLY SHOWETH:

That the marriage between the. Petitioner No. 1 and

Petitioner No. 2 was solemnized 19.04.2000 at Rohini

Delhi, according Hindu rites and ceremonies in a very
were
simple manner. Both the parties re/are Hindu by
religion at the time of marriage and at the time of filing of
the pre peESTE
affidavit shown by each of the
partie in thi_ respect is'aftached hereto.
11 #AY
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HMA
HMA/ 03 /2011

10.01.2011
Present: Proxy counsel for the parties.

Vide separate judgment announçed in the open court, the first motion
petition is allowed. File be consigned to Record Rom.

(SHAL JAIN)
JUDGE, FAMILY COURT-03,
ROHINIOCOURTS, DELHI.
10.01.2011

ATTESTED
Copyiheinlng Agency FamiExami
CGrts, New ly Courtrner
Deihi
 1

IN THE COURT OF MS SHAIL JAIN, JUDGE-03, FAMILY COURTS, ROHINI

COURTS, DELHI

HMAno. 03/2011

Shri Harish Kumar son of Late Madan Lal,

R/o 29/277, Trilok Puri, Delhi-110091.

..Petitioner n0.1...

AND

Smt. Kamlesh @ Kanchan w/o Shri Harish Kumnar,

D/o Shri Prabhu Dayal,
R/o H. No. 168, Pocket-D,
Sector-6, Rohini, Delhi-110085.

...Petitioner no.2....

JUDGMENT:

1 By way of present petition parties seek dissolution of their marriage by a

decree of divorce under section 13-B (1) of the Hindu Marriage Act, 1955 by
way of mutual consent.
2 The facts of the case as stated are that parties were married according to
Hindu rites and ceremonies on 19.04.2000 at Delhi. After the marriage, parties
lived together as husband and wife at matrimonial home. The marriage was

ATTESTED
7
ConinDlCo3,
gAFexs.tlswCDehiourt
 2

consummated. TwO children namely Master Abhishek and Baby

Kaku were born out of the said Harshita @
wedlock and the custody of the child had
been given to the petitioner already
no.1/Father. However, no child was born from the
said wedlock. Due to
temperamental differences, parties could not adjust witn
each other and started living separately since
21.02.2007. Despite several efforts
for reconciliation, parties have not been able to
resume their relationship. The
parties have settled inter se claims and decided to end their
marriage by mutual
Consent. Both the parties have now settled all their matrimonial claims and
disputes after long standing litigation and have decided to end this marriage.
The petition is supported by their respective affidavits. The parties have
reiterated all the averments of the petition.
4 The parties appeared on this petition and their joint statement was
recorded on oath. Parties have settled all the claims including maintenance,
present, past and future, dowry , istridhan and permanent alimony etc. as per
petition Ex. P1. Both the parties undertake to abide by the terms and conditions
of petition Ex. P1. The parties have further asserted to end this marriage by

decree of divorce by means of mutual consent.

5 It is stated that the consent by both the parties is given voluntarily without
any force, coercion, fraud or undue influence. The petition is stated to be bona

fide and it is prayed that mariage between-the parties be dissolved by a decree

of divorce by way of mutual consent.

|ATTESTED BamiCaurtner
piy
 3
|have heard both the parties and their
counsels.
7 I am satisfied that all the
claims between the parties have been settled and
they want to end this marriage voluntarily and with
free will. There is no
possibility or probability of the parties to resume their matrimonial ties and
despite efforts they have not been able toreconcile their marriage.
In view of Section 13 (B) (2) of the Hindu marriage Act, the marriage
between the parties cannot be dissolved straightaway in the present case. As
per the statutory requirement, parties are advised to make further efforts for
reconciliation in order to save this marriage. In case they are unable to do so,
the parties may come up with the petition of second motion under section 13 (B)
(2) of the HinduMarriage Act, as per law. The present petition under section 13
B(1) of the Hindu Marriage Act ishereby allowed andstands disposed of
File be consigned to Record Room.

Announced in the open COurt

on 10.01.2011 (SHAIL JAIN)
JUDGE-03, FAMILY COURTS,
ROHINI COURTS, DELHI

Office of tne Prircipa! Jd;

Femily N. Delh
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