IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,

ROHINI COURT, DELHI

HMA NO.____________OF 2023
In the matter of:
SH. HEMANT ARORA Petitioner No.1
AND
SMT.ANJALI Petitioner No.2
INDEX

S.No. PARTICULARS PAGES COURT/FEES

1. MEMO OF PARTIES
2. PETITION U/S 13(B)(1) OF THE
HINDU MARRIAGE ACT, 1955
WITH SUPPORTING
AFFIDAVITS
3. SUPPORTING AFFIDAVITS OF
RAJAT GUPTA V/S RUPALI
GUPTA
4. LIST OF DOCUMENTS
5. VAKALATNAMAS

Petitioner No.1 Petitioner no.2

Through Through

COUNSEL COUNSEL

Delhi
Dated:
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,
ROHINI COURT, DELHI
HMA NO.____________OF 2022
In the matter of:
SH. HEMANT ARORA Petitioner No.1
AND
SMT.ANJALI Petitioner No.2
MEMO OF PARTIES

HEMANT ARORA S/O PRDEEP ARORA,

R/O-A-148-149, UPPER GROUND FLOOR,
POCKET-5, SECTOR-25, ROHINI,
NORTH WEST DELHI-110085 PETITIONER NO.1
AND
ANJALI S/O HEMANT ARORA, B-2/16,
SECOND FLOOR, ROHINI SEC-11,
NORTH WEST DELHI-110039. .PETITIONER NO.2

PETITIONER NO.1 PETITIONER NO.2

Through

PARVEEN AARTI DANGI

ADVOCATE ADVOCATE
CHEMBER NO- 650, WESTERN WING
TIS HAZARI COURT, DELHI-110054
MOBILE NO-9588308756
 IN THE COURT PRINCIPAL JUDGE; FAMILY COURT; NORTH
WEST DISTRICT, ROHINI COURTS, DELHI
H.M.A PETITION NO. __________/ 2021

HEMANT ARORA S/O PRDEEP ARORA,

R/O-A-148-149, UPPER GROUND FLOOR,
POCKET-5, SECTOR-25, ROHINI,
NORTH WEST DELHI-110085 PETITIONER NO.1
AND
ANJALI S/O HEMANT ARORA, R/O-B-2/16,
SECOND FLOOR, ROHINI SEC-11,
NORTH WEST DELHI-110039. .PETITIONER NO.2
PETITION FOR GRANT OF DISSOLUTION OF MARRIAGE BY A
DECREE OF DIVORCE ON MUTUAL CONSENT UNDER SECTION
13-B(1)OF HINDU MARRIAGE ACT, 1955(NO. 25 OF 1955) AS
AMENDED BY THE MARRIAGE LAWS AMENDMENT ACT, 1976.

Most respectfully showeth:-

1. That the marriage between the parties was solemnized at Rohtak,

Haryana according to Hindu Rites and ceremonies on dated on 06
June 2009 and duly consummated. An marriage card is annexed
with this petition.
2. That after marriage, the parties herein resided together at MAYUR
APPARTMENT SECTOR-9, ROHINI, NORTH WEST DELHI-
110085, which was the matrimonial home of the parties. That the
age and place of residence of the parties, before the marriage and
at the time of presentation of the present petition were/ are as
under:-
 PETITIONER NO.1(Husband)

Status Age Place of residence

Before Hindu MAYUR APPARTMENT

Marriage SECTOR-9, ROHINI,
Bachelor
NORTH WEST DELHI-
110085

At the Hindu R/O-A-148-149, UPPER

time of GROUND FLOOR,
Married
filing the
POCKET-5, SECTOR-25,
present
petition ROHINI,
NORTH WEST DELHI-
110085

Petitioner no.2 ( Wife)

Status Age Place of residence

Before Marriage Hindu 543/23, DLF COLONY,

ROHTAK-124001
Virgin

At the time of Hindu B-2/16,

filing the present SECOND FLOOR,
Married
petition
ROHINI SEC-11,
NORTH WEST DELHI-
110039.

3. That after the marriage , the petitioners resided together as

husband and wife. The marriage was duly consummated and one

male child born was born out from the said wedlock.
4. That the parties to the petition could not live together and could not

pull out their matrimonial life together as temperamental disputes

and differences arose between the petitioners and they decided to

live separately from each other and the petitioner no.1 & petitioner

no.2 are living separately from each other since 18 January, 2020

and there is no chance of their re-union in future and ever since they

have not resided together and cohabited as husband and wife.

5. That on account of divergent temperaments of the parties to the

present petition, several differences/disputes arose between them

and the parties started living separately and course of proceedings

the parties explored the possibilities of settlement out of court, where

parties to the petition agreed to resolve their disputes amicably on

the following terms and conditions:

I. That it has been agreed between the parties that they shall get their
marriage dissolved by a decree of divorce by way of mutual consent by
filing petitions under Section 13 B (1) and 13 B (2) of the Hindu
Marriage Act, 1955 upon the terms contained in the present Agreement.
It is agreed between the parties that the petition under Section 13 B (1)
shall be filed within seven working days of the signing and execution of
the present Agreement before the Learned Principal Judge, Family
Courts, Rohini, Delhi. The parties further undertake that subject to
fulfillment of the terms of the present Settlement/Agreement, the parties
shall file the Second Motion Petition under Section 13 B (2) of the Hindu
Marriage Act, 1955 within a period of 14 working days upon the expiry
of the statutory period of limitation of six months from the date of filing
 of First Motion Petition under Section 13 B (1) of the Hindu Marriage
Act, 1955. Both the parties undertake that they shall not withdraw their
consent to proceed with the filing of the Second Motion Petition and
seeking divorce by way of mutual consent subject to the fulfillment of
the terms of the present Settlement/Agreement.
II. That the first Party has agreed to pay a total sum of Rs. 3,00,000/- (Rupees
Three Lakh Only) (hereinafter referred to as the "settlement amount") to
the second Party towards full and final settlement of all her claims
including but not limited to istridhan articles/jewellery, if any,
maintenance, past, present and future, permanent alimony, marriage
expenses, etc. The said settlement amount shall be paid to the second Party
by the first Party in the following manner:-

A. It has been agreed between the parties that the first Party shall
pay a sum of Rs. Two Lakh/- (Rupees Two Lakh only) at the
time of recording of the statement of the parties before the
Learned Family Court concerned in the First Motion Petition
under Section 13 B (1) of the Hindu Marriage Act, 1955 by
way of Demand Draft/PayOrder.
B. It has been agreed between the parties that the Second Party
shall pay the remaining sum of Rs. 1,00,000/- (Rupees One
Lakhonly) out of the total settlement amount of Rs.3,00,000/-
(Rupees Three Lakh Only) at the time of recording of the
statement of the parties before the Learned Family Court
concerned in the Second Motion Petition under Section 13 B
(2) of the Hindu Marriage Act, 1955 by way of Demand
Draft/Pay Order.
C. That it is also agreed between the parties pursuant to the
receipt of the aforesaid amount of Rs. 3,00,000/- (Rupees
three Lakh only), all the claims of the First Party qua the
 Second Party and his family members/relatives shall stand
satisfied and extinguished.

III. That the both parties have agreed that the custody of child remain
with the petitioner no-2 and petitioner no-1 have only visiting right
and she can only meet once in a week in the house of petitioner no-
2 or some other places as per the convince of petitioner no-2. And
first party shall pay Rs. 5,000/- (Five Thousand only) per months in
the account of petitioner no-2/ minor child for the maintenance of
minor child till the attainment of majority.
IV. That pursuant to engrossing their signatures on the present
Settlement Deed/Agreement and fulfillment of all the terms of the
present Settlement, the First Party and the Second Party shall not
interfere in the lives of each other in any manner including personal,
oral, written, electronic or telephonic contact and also will not make
any allegation against each other and/or their respective family
members.
V. That the First Party after the receipt of the sum of Rs.3,00,000/-
(Rupees Three Lakh only) subject to the aforementioned clauses,
will not claim any further amount towards past, present and future
maintenance, compensation, alimony or expenditure from the
Second Party or his family members or relatives. It is also agreed
between the parties that pursuant to receipt of Rs.3,00,000/- (Rupees
THREE LAKH ONLY), the second Party shall not be entitled to
claim any amount from the first Party. All the claim (s), if any, raised
by the second Party qua the first Party and his family members shall
stands extinguished and the second Party shall be estopped in law to
file any such claim and in case any such claim is filed by the second
Party, the same shall stand dismissed and withdrawn and shall also
tantamount to committing breach of the undertaking given by the
 second Party. Likewise, the first Party shall also not lay any claim
or compensation towards the second Party or her relatives.
VI. That the second Party hereafter shall have no claim towards
istridhan, jewellery and personal belongings and undertakes not to
raise any claim in respect of the same against the first Party or his
parents and relatives, etc. subject to payment of settlement amount.
VII. That both the parties agree and undertake that subject to the
fulfillment of the terms of the present Agreement, they shall have no
claim or right qua any immovable or movable properties of the other
party or against the family members of the other party whether self-
acquired, HUF or ancestral under any circumstances now or in
future, immediately in view of the present Settlement. The second
Party agrees and undertakes that she has and shall have no claim for
maintenance, stridhan or permanent or temporary alimony against
the Second Party subject to the receipt of settlement amount of
Rs3,00,000/- in compliance of the Settlement Deed.
VIII. That the present Settlement Deed is effective and enforceable from
the date of its execution and shall remain effective and binding and
form part of the decree for mutual consent.
IX. That it has also been agreed between the parties that they will
adhere to the terms and conditions of this Settlement and will do all
acts necessary for the expeditious compliance of the same and shall
cooperate with each other and sign all the relevant documents
required for the purposes of obtaining divorce by mutual consent.
X. That the parties hereinabove have taken a decision to break their
matrimonial ties keeping in view their future welfare and better
prospects.
XI. That the contents of this Settlement Deed/Agreement have been
read over to the parties and they have been explained the terms of
this Settlement Deed/Agreement and they have understood the same
to be true and shall be governed by the same.
XII. That both the parties have executed this Settlement Deed/Agreement
without any force, undue influence or coercion from any quarter,
and both the parties shall be estopped in law to assail the validity of
any clause/term of the Settlement on the ground of the same being
void or unlawful subject to the payment of the entire settlement
amount in terms of the present Settlement/Agreement.
XIII. That both the parties to the present Settlement Deed/Agreement
undertake that they shall duly perform and abide by all the terms and
conditions as contained in the present Settlement Deed/Agreement
and in case of breach of any of the terms and conditions as envisaged
hereinabove, the parties are liable to be punished under the
provisions of Contempt of Courts Act, 1971.
XIV. That neither the parties nor any of their representatives, executors,
assigns, successors, administrators, etc. would at any time, even in
future, challenge these terms and conditions, on any ground,
whatsoever, and/or in any manner, whatsoever, and would always
remain bound by them.
XV. That it is clearly understood by the parties that they are entering into
and executing this Full and Final Settlement Deed bonafide,
voluntarily and out of their own free will and consent, without any
force, pressure, duress, threat, fraud, coercion, misrepresentation,
collusion or undue influence, whatsoever, and the parties accept this
Full and Final Settlement Deed as fair, just and equitable and also as
final, conclusive and binding on them, their representatives,
executors, assigns, successors, administrators, etc. and they have
further bound themselves to do all what would be necessary to give
full and complete effect to it. Further, the parties have confirmed and
undertaken that they were given sufficient time and opportunity to
consult their legal counsels of their choice and it is only after said
consultations with the counsels of their choice, after full
 understanding of the effect of the terms and conditions of the present
Settlement Deed.
6. That all the disputes and differences between the parties have been fully

and finally settled. Nothing shall be now due from either party to the other

on any account, whatsoever, except under the present Settlement. It is also

agreed between the Parties that neither party shall file against the other,

or against their family, relative, successor or assigns any suit, plaint, case,

petition, application, complaint or report in relation to events arising out

of their matrimonial life.

7. That it is agreed between the parties that they shall withdraw all their

respective cases/ complaint, if any, against each other.

8. That ever since the date of separation, the petitioners could not adjust

among themselves. Relatives and friends of both the petitioners had

tried their level best to persue the petitioners but they are not at all

inclined to live together as Husband and Wife and further there are

no chances of their cohabiting together in future. The petitioners are

thus adamant for dissolution of their marriage by way of obtaining a

decree of divorce through mutual consent and have entered into an

amicable settlement as mentioned above.

9. That the consent of the parties has not been obtained under undue

influence, coercion, fraud or pressure but the same is out of their free

will and consent.

10. That the petition has not been presented in collusion between the

parties.

11. That there is no reason or ground whatsoever which may legally bar

the relief prayed for.

12. That there is no unnecessary or improper delay in presenting the

present petition.

13. That there is no other legal impediment in granting the relief of

divorce to the parties as prayed herein.

14. That there are no proceedings pending in any court of law for and on

their behalf of the petitioners with regard to the marriage solemnized

between them.

15. That the petitioner no.1 is residing at the time of filing of the petition

reside at A-148-149, UPPER GROUND FLOOR, POCKET-5,

SECTOR-25, ROHINI, NORTH WEST DELHI-110085 hence this

Hon’ble Court has the jurisdiction to try and entertain the present

petition.

16. That the requisite court fees have been paid.

PRAYER

It is, therefore, respectfully prayed that Hon’ble court may

graciously pleased to pass a decree of divorce by dissolving the marriage

between the parties, by a decree of divorce of mutual consent as provided

under section 13-B(1) Hindu Marriage Act, 1955, as amended upto date in

the interest of justice.

It is prayed accordingly.

PETITIONER NO.1 PETITIONER NO.2

THROUGH

COUNSEL COUNSEL

VERIFICATION:-

We, petitioner no.1 & petitioner no.2, respectively, do hereby verify

that the contents of para no. 1 to 7 are true to our knowledge and those of
paras 8 to 16 are true to the information received and believed to be true.
The last para is humble prayer to this Hon’ble Court.

Verified at Delhi on this day of March 2023.

PETITIONER NO.1 PETITIONER NO.2

 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,
ROHINI COURT, DELHI
HMA NO.____________OF 2023
In the matter of:
SH. HEMANT ARORA Petitioner No.1
AND
SMT.ANJALI Petitioner No.2

AFFIDAVIT

I, HEMANT ARORA S/O PRDEEP ARORA, R/O-A-148-149, UPPER

GROUND FLOOR, POCKET-5, SECTOR-25, ROHINI, NORTH WEST
DELHI-110085 aged about years do hereby solemnly affirm and declare as
under:-
1. That I am the Petitioner No. 1 in the above mentioned petition for divorce
by mutual consent under sec. 13B (1) of Hindu Marriage Act, and I am well
conversant with the facts and circumstances of the case and hence competent
to swear the present affidavit.
2. That the contents of the accompanying petition are true and correct to the
best of my knowledge and the same may be read as part and parcel of this
affidavit.
3. That marriage between me and petitioner no. 2 was solemnized at Payal
Garden Tilyar Lake, Rohtak on 06/06/2009 according to Hindu rites and
ceremonies. We are living separately since 18/01/2020 and there has been
no cohabitation between me and the petitioner no.2 since 18/01/2020.
4. That due to temperamental incompatibility the marriage between me and
petitioner no.2 has irretrievably broken.
5. That I have given my consent to this petition out of my free will and the
same has not been obtained by coercion, force or undue influence. That the
present petition is not presented in collusion.

6. That I and petitioner no.2 have mutually settled all our disputes and claims
and nothing remains due against each other.

7. That there is no legal ground why the relief should not be granted.

DEPONENT

VERIFICATION

Verified at Delhi on this ____ day of March, 2023, that the contents of the
above affidavit are true and correct to the best of my knowledge and nothing
material has been concealed therefrom.

DEPONENT
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,
ROHINI COURT, DELHI
HMA NO.____________OF 2023
In the matter of:
SH. HEMANT ARORA Petitioner No.1
AND
SMT.ANJALI Petitioner No.2
AFFIDAVIT

I, ANJALI S/O HEMANT ARORA, B-2/16,SECOND FLOOR, ROHINI SEC-

11, NORTH WEST DELHI-110039 aged about years, do hereby solemnly
affirm and declare as under:-

1. That I am Petitioner No. 2 in the above mentioned petition for divorce by

mutual consent under Section 13B (1) of Hindu Marriage Act, and I am well
conversant with the facts and circumstances of the case and hence competent
to swear the present affidavit.

2. That the contents of the accompanying petition are true and correct to the
best of my knowledge and the same may be read as part and parcel of this
affidavit.

3. That my marriage with Petitioner no.1 was solemnized at Payal Garden

Tilyar Lake, Rohtak on 06/06/2009 according to Hindu rites and ceremonies.
We are living separately since 18/01/2020 and there has been no
cohabitation between me and the petitioner no.1 since 18/01/2020
4. That due to temperamental incompatibility the marriage between me &
Petitioner no.1 has irretrievably broken.
5. That I have given my consent to this petition out of my free will and the
same has not been obtained by coercion, force or undue influence. That the
present petition is not presented in collusion.

6. That I and petitioner no. 1 have mutually settled all our disputes and claims
and nothing remains due against each other.

7. That there is no legal ground why the relief should not be granted.

8. That it is my true statement.

DEPONENT

VERIFICATION

Verified at Delhi on this day of March 2023, that the contents of the
above affidavit are true and correct to the best of my knowledge and nothing
material has been concealed therefrom.

DEPONENT
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,
ROHINI COURT, DELHI
HMA NO.____________OF 2023
In the matter of:
SH. HEMANT ARORA Petitioner No.1
AND
SMT.ANJALI Petitioner No.2

LIST OF DOCUMENTS

1. Copy of Marriage Card

2. Copy of Aadhar Card of petitioner no.1.

3. Copy of Aadhar Card of petitioner no.2.

4. Any other document with permission of Court.

Delhi

Dated:- PETITIONERS

Through

Counsel
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,
ROHINI COURT, DELHI
HMA NO.____________OF 2023
In the matter of:
SH. HEMANT ARORA Petitioner No.1
AND
SMT.ANJALI Petitioner No.2
AFFIDAVIT OF PETITIONER NO.1 AS PER JUDGMENT OF RAJAT
GUPTA VS RUPALI GUPTA

I, HEMANT ARORA S/O PRDEEP ARORA, R/O-A-148-149, UPPER

GROUND FLOOR, POCKET-5, SECTOR-25, ROHINI, NORTH WEST
DELHI-110085 aged about years do hereby solemnly affirm and declare as
under:-

1. That I am the Petitioner No. 1 in the above mentioned petition for divorce
by mutual consent under sec. 13B (1) of Hindu Marriage Act, and I am well
conversant with the facts and circumstances of the case and hence competent
to swear the present affidavit.
2. That the contents of the accompanying petition are true and correct to the
best of my knowledge and the same may be read as part and parcel of this
affidavit.
3. That marriage between me and petitioner no. 2 was solemnized at Payal
Garden Tilyar Lake, Rohtak on 06/06/2009 according to Hindu rites and
ceremonies. We are living separately since 18/01/2020 and there has been
no cohabitation between me and the petitioner no.2 since 18/01/2020Delhi
on 27.02.2004 according to Hindu rites and ceremonies.
4. That I have already settled all my disputes with the Petitioner 2 and a
compromise. The terms of settlement are:-
 i. That it has been agreed between the parties that they shall get their marriage
dissolved by a decree of divorce by way of mutual consent by filing petitions
under Section 13 B (1) and 13 B (2) of the Hindu Marriage Act, 1955 upon the
terms contained in the present Agreement. It is agreed between the parties that
the petition under Section 13 B (1) shall be filed within seven working days of
the signing and execution of the present Agreement before the Learned Principal
Judge, Family Courts, Rohini, Delhi. The parties further undertake that subject
to fulfillment of the terms of the present Settlement/Agreement, the parties shall
file the Second Motion Petition under Section 13 B (2) of the Hindu Marriage
Act, 1955 within a period of 14 working days upon the expiry of the statutory
period of limitation of six months from the date of filing of First Motion Petition
under Section 13 B (1) of the Hindu Marriage Act, 1955. Both the parties
undertake that they shall not withdraw their consent to proceed with the filing of
the Second Motion Petition and seeking divorce by way of mutual consent
subject to the fulfillment of the terms of the present Settlement/Agreement.
ii. That the first Party has agreed to pay a total sum of Rs. 3,00,000/- (Rupees Three
Lakh Only) (hereinafter referred to as the "settlement amount") to the second
Party towards full and final settlement of all her claims including but not limited
to istridhan articles/jewellery, if any, maintenance, past, present and future,
permanent alimony, marriage expenses, etc. The said settlement amount shall be
paid to the second Party by the first Party in the following manner:-

iii. It has been agreed between the parties that the first Party shall pay a sum of Rs.
Two Lakh/- (Rupees Two Lakh only) at the time of recording of the statement
of the parties before the Learned Family Court concerned in the First Motion
Petition under Section 13 B (1) of the Hindu Marriage Act, 1955 by way of
Demand Draft/PayOrder.
iv. It has been agreed between the parties that the Second Party shall pay the remaining
sum of Rs. 1,00,000/- (Rupees One Lakhonly) out of the total settlement amount
of Rs.3,00,000/- (Rupees Three Lakh Only) at the time of recording of the
 statement of the parties before the Learned Family Court concerned in the
Second Motion Petition under Section 13 B (2) of the Hindu Marriage Act, 1955
by way of Demand Draft/Pay Order.
v. That it is also agreed between the parties pursuant to the receipt of the aforesaid
amount of Rs. 3,00,000/- (Rupees three Lakh only), all the claims of the First
Party qua the Second Party and his family members/relatives shall stand satisfied
and extinguished.
vi. That the both parties have agreed that the custody of child remain with the
petitioner no-2 and petitioner no-1 have only visiting right and she can only meet
once in a week in the house of petitioner no-2 or some other places as per the
convince of petitioner no-2. And first party shall pay Rs. 5,000/- (Five Thousand
only) per months in the account of petitioner no-2/ minor child for the
maintenance of minor child till the attainment of majority.
vii. That pursuant to engrossing their signatures on the present Settlement
Deed/Agreement and fulfillment of all the terms of the present Settlement, the
First Party and the Second Party shall not interfere in the lives of each other in
any manner including personal, oral, written, electronic or telephonic contact and
also will not make any allegation against each other and/or their respective
family members.
viii. That the First Party after the receipt of the sum of Rs.3,00,000/- (Rupees Three
Lakh only) subject to the aforementioned clauses, will not claim any further
amount towards past, present and future maintenance, compensation, alimony or
expenditure from the Second Party or his family members or relatives. It is also
agreed between the parties that pursuant to receipt of Rs.3,00,000/- (Rupees
THREE LAKH ONLY), the second Party shall not be entitled to claim any
amount from the first Party. All the claim (s), if any, raised by the second Party
qua the first Party and his family members shall stands extinguished and the
second Party shall be estopped in law to file any such claim and in case any such
claim is filed by the second Party, the same shall stand dismissed and withdrawn
and shall also tantamount to committing breach of the undertaking given by the
 second Party. Likewise, the first Party shall also not lay any claim or
compensation towards the second Party or her relatives.
ix. That the second Party hereafter shall have no claim towards istridhan, jewellery
and personal belongings and undertakes not to raise any claim in respect of the
same against the first Party or his parents and relatives, etc. subject to payment
of settlement amount.
x. That both the parties agree and undertake that subject to the fulfillment of the
terms of the present Agreement, they shall have no claim or right qua any
immovable or movable properties of the other party or against the family
members of the other party whether self-acquired, HUF or ancestral under any
circumstances now or in future, immediately in view of the present Settlement.
The second Party agrees and undertakes that she has and shall have no claim for
maintenance, stridhan or permanent or temporary alimony against the Second
Party subject to the receipt of settlement amount of Rs3,00,000/- in compliance
of the Settlement Deed.
xi. That the present Settlement Deed is effective and enforceable from the date of
its execution and shall remain effective and binding and form part of the decree
for mutual consent.
xii. That it has also been agreed between the parties that they will adhere to the terms
and conditions of this Settlement and will do all acts necessary for the
expeditious compliance of the same and shall cooperate with each other and sign
all the relevant documents required for the purposes of obtaining divorce by
mutual consent.
xiii. That the parties hereinabove have taken a decision to break their matrimonial
ties keeping in view their future welfare and better prospects.
xiv. That the contents of this Settlement Deed/Agreement have been read over to the
parties and they have been explained the terms of this Settlement
Deed/Agreement and they have understood the same to be true and shall be
governed by the same.
xv. That both the parties have executed this Settlement Deed/Agreement without any
force, undue influence or coercion from any quarter, and both the parties shall
 be estopped in law to assail the validity of any clause/term of the Settlement on
the ground of the same being void or unlawful subject to the payment of the
entire settlement amount in terms of the present Settlement/Agreement.
xvi. That both the parties to the present Settlement Deed/Agreement undertake that
they shall duly perform and abide by all the terms and conditions as contained in
the present Settlement Deed/Agreement and in case of breach of any of the terms
and conditions as envisaged hereinabove, the parties are liable to be punished
under the provisions of Contempt of Courts Act, 1971.
xvii. That neither the parties nor any of their representatives, executors, assigns,
successors, administrators, etc. would at any time, even in future, challenge these
terms and conditions, on any ground, whatsoever, and/or in any manner,
whatsoever, and would always remain bound by them.
xviii. That it is clearly understood by the parties that they are entering into and
executing this Full and Final Settlement Deed bonafide, voluntarily and out of
their own free will and consent, without any force, pressure, duress, threat, fraud,
coercion, misrepresentation, collusion or undue influence, whatsoever, and the
parties accept this Full and Final Settlement Deed as fair, just and equitable and
also as final, conclusive and binding on them, their representatives, executors,
assigns, successors, administrators, etc. and they have further bound themselves
to do all what would be necessary to give full and complete effect to it. Further,
the parties have confirmed and undertaken that they were given sufficient time
and opportunity to consult their legal counsels of their choice and it is only after
said consultations with the counsels of their choice, after full understanding of
the effect of the terms and conditions of the present Settlement Deed.

5. That the above-mentioned compromise has been arrived by me after fully

understanding the terms, consents, effects & consequences thereof.

6. That the Compromise with Petitioner no.2 has been arrived at my own free
will & volition.
7. That I shall be liable for penal consequences in case of breach of any of
terms of compromise.

DEPONENT

VERIFICATION:-
Verified at Delhi on this ____ day of March 2023, that the contents of my
above-mentioned affidavit are true and correct and nothing material has been
concealed therefrom.

DEPONENT
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,
ROHINI COURT, DELHI
HMA NO.____________OF 2022
In the matter of:
SH. HEMANT ARORA Petitioner No.1
AND
SMT.ANJALI Petitioner No.2
AFFIDAVIT OF PETITIONER NO.2 AS PER JUDGMENT OF RAJAT
GUPTA VS RUPALI GUPTA

I, ANJALI S/O HEMANT ARORA, B-2/16,SECOND FLOOR, ROHINI SEC-

11, NORTH WEST DELHI-110039 aged about years, do hereby solemnly
affirm and declare as under:-

1. That I am Petitioner No. 2 in the above mentioned petition for divorce by

mutual consent under Section 13B (1) of Hindu Marriage Act, and I am well
conversant with the facts and circumstances of the case and hence competent
to swear the present affidavit.

2. That the contents of the accompanying petition are true and correct to the
best of my knowledge and the same may be read as part and parcel of this
affidavit.

3. That my marriage with Petitioner no.1 was solemnized at Payal Garden

Tilyar Lake, Rohtak on 06/06/2009 according to Hindu rites and ceremonies.
We are living separately since 18/01/2020 and there has been no
cohabitation between me and the petitioner no.1 since 18/01/2020.
4. That I have already settled all my disputes with the Petitioner no.1. The
terms of settlement are:-
 i. That it has been agreed between the parties that they shall get their marriage
dissolved by a decree of divorce by way of mutual consent by filing petitions
under Section 13 B (1) and 13 B (2) of the Hindu Marriage Act, 1955 upon the
terms contained in the present Agreement. It is agreed between the parties that
the petition under Section 13 B (1) shall be filed within seven working days of
the signing and execution of the present Agreement before the Learned Principal
Judge, Family Courts, Rohini, Delhi. The parties further undertake that subject
to fulfillment of the terms of the present Settlement/Agreement, the parties shall
file the Second Motion Petition under Section 13 B (2) of the Hindu Marriage
Act, 1955 within a period of 14 working days upon the expiry of the statutory
period of limitation of six months from the date of filing of First Motion Petition
under Section 13 B (1) of the Hindu Marriage Act, 1955. Both the parties
undertake that they shall not withdraw their consent to proceed with the filing of
the Second Motion Petition and seeking divorce by way of mutual consent
subject to the fulfillment of the terms of the present Settlement/Agreement.
ii. That the first Party has agreed to pay a total sum of Rs. 3,00,000/- (Rupees Three
Lakh Only) (hereinafter referred to as the "settlement amount") to the second
Party towards full and final settlement of all her claims including but not limited
to istridhan articles/jewellery, if any, maintenance, past, present and future,
permanent alimony, marriage expenses, etc. The said settlement amount shall be
paid to the second Party by the first Party in the following manner:-

iii. It has been agreed between the parties that the first Party shall pay a sum of Rs.
Two Lakh/- (Rupees Two Lakh only) at the time of recording of the statement
of the parties before the Learned Family Court concerned in the First Motion
Petition under Section 13 B (1) of the Hindu Marriage Act, 1955 by way of
Demand Draft/PayOrder.
iv. It has been agreed between the parties that the Second Party shall pay the remaining
sum of Rs. 1,00,000/- (Rupees One Lakhonly) out of the total settlement amount
of Rs.3,00,000/- (Rupees Three Lakh Only) at the time of recording of the
statement of the parties before the Learned Family Court concerned in the
 Second Motion Petition under Section 13 B (2) of the Hindu Marriage Act, 1955
by way of Demand Draft/Pay Order.
v. That it is also agreed between the parties pursuant to the receipt of the aforesaid
amount of Rs. 3,00,000/- (Rupees three Lakh only), all the claims of the First
Party qua the Second Party and his family members/relatives shall stand satisfied
and extinguished.
vi. That the both parties have agreed that the custody of child remain with the
petitioner no-2 and petitioner no-1 have only visiting right and she can only meet
once in a week in the house of petitioner no-2 or some other places as per the
convince of petitioner no-2. And first party shall pay Rs. 5,000/- (Five Thousand
only) per months in the account of petitioner no-2/ minor child for the
maintenance of minor child till the attainment of majority.
vii. That pursuant to engrossing their signatures on the present Settlement
Deed/Agreement and fulfillment of all the terms of the present Settlement, the
First Party and the Second Party shall not interfere in the lives of each other in
any manner including personal, oral, written, electronic or telephonic contact and
also will not make any allegation against each other and/or their respective
family members.
viii. That the First Party after the receipt of the sum of Rs.3,00,000/- (Rupees Three
Lakh only) subject to the aforementioned clauses, will not claim any further
amount towards past, present and future maintenance, compensation, alimony or
expenditure from the Second Party or his family members or relatives. It is also
agreed between the parties that pursuant to receipt of Rs.3,00,000/- (Rupees
THREE LAKH ONLY), the second Party shall not be entitled to claim any
amount from the first Party. All the claim (s), if any, raised by the second Party
qua the first Party and his family members shall stands extinguished and the
second Party shall be estopped in law to file any such claim and in case any such
claim is filed by the second Party, the same shall stand dismissed and withdrawn
and shall also tantamount to committing breach of the undertaking given by the
second Party. Likewise, the first Party shall also not lay any claim or
compensation towards the second Party or her relatives.
 ix. That the second Party hereafter shall have no claim towards istridhan, jewellery
and personal belongings and undertakes not to raise any claim in respect of the
same against the first Party or his parents and relatives, etc. subject to payment
of settlement amount.
x. That both the parties agree and undertake that subject to the fulfillment of the
terms of the present Agreement, they shall have no claim or right qua any
immovable or movable properties of the other party or against the family
members of the other party whether self-acquired, HUF or ancestral under any
circumstances now or in future, immediately in view of the present Settlement.
The second Party agrees and undertakes that she has and shall have no claim for
maintenance, stridhan or permanent or temporary alimony against the Second
Party subject to the receipt of settlement amount of Rs3,00,000/- in compliance
of the Settlement Deed.
xi. That the present Settlement Deed is effective and enforceable from the date of
its execution and shall remain effective and binding and form part of the decree
for mutual consent.
xii. That it has also been agreed between the parties that they will adhere to the terms
and conditions of this Settlement and will do all acts necessary for the
expeditious compliance of the same and shall cooperate with each other and sign
all the relevant documents required for the purposes of obtaining divorce by
mutual consent.
xiii. That the parties hereinabove have taken a decision to break their matrimonial
ties keeping in view their future welfare and better prospects.
xiv. That the contents of this Settlement Deed/Agreement have been read over to the
parties and they have been explained the terms of this Settlement
Deed/Agreement and they have understood the same to be true and shall be
governed by the same.
xv. That both the parties have executed this Settlement Deed/Agreement without any
force, undue influence or coercion from any quarter, and both the parties shall
be estopped in law to assail the validity of any clause/term of the Settlement on
 the ground of the same being void or unlawful subject to the payment of the
entire settlement amount in terms of the present Settlement/Agreement.
xvi. That both the parties to the present Settlement Deed/Agreement undertake that
they shall duly perform and abide by all the terms and conditions as contained in
the present Settlement Deed/Agreement and in case of breach of any of the terms
and conditions as envisaged hereinabove, the parties are liable to be punished
under the provisions of Contempt of Courts Act, 1971.
xvii. That neither the parties nor any of their representatives, executors, assigns,
successors, administrators, etc. would at any time, even in future, challenge these
terms and conditions, on any ground, whatsoever, and/or in any manner,
whatsoever, and would always remain bound by them.
xviii. That it is clearly understood by the parties that they are entering into and
executing this Full and Final Settlement Deed bonafide, voluntarily and out of
their own free will and consent, without any force, pressure, duress, threat, fraud,
coercion, misrepresentation, collusion or undue influence, whatsoever, and the
parties accept this Full and Final Settlement Deed as fair, just and equitable and
also as final, conclusive and binding on them, their representatives, executors,
assigns, successors, administrators, etc. and they have further bound themselves
to do all what would be necessary to give full and complete effect to it. Further,
the parties have confirmed and undertaken that they were given sufficient time
and opportunity to consult their legal counsels of their choice and it is only after
said consultations with the counsels of their choice, after full understanding of
the effect of the terms and conditions of the present Settlement Deed.

5. That the above-mentioned compromise has been arrived by me after fully

understanding the terms, consents, effects & consequences thereof.

6. That the Compromise with Petitioner no.1 has been arrived at my own free
will & volition.
7. That I shall be liable for penal consequences in case of breach of any of
terms of compromise.
 DEPONENT

VERIFICATION:-
Verified at Delhi on this ____ day of March, 2023 that the contents of my
above-mentioned affidavit are true and correct and nothing material has been
concealed therefrom.

DEPONENT