Mutual Divorce U/S 13 B(1) HMA (First Motion) Sample Draft

$5,000.00

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IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT,

SOUTH-WEST, DWARKA, NEW DELHI

 

 

HMA PETITION NO.____ OF 2022

In the matter of:-

 

Mr. XXXXXX                                                         …Petitioner No. 1

 

Versus

 

Mrs. YYY                                                              …Petitioner No. 2

P.S.:

INDEX

 

S.NO PARTICULARS PAGE NO.
1. Memo of the Parties
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.
3. Affidavit of the Petitioner No. 1.
4. Affidavit of the Petitioner No. 2
5. List of documents along with the documents
6. Vakalatnama of the Petitioner No. 1 and 2

 

 

 

 

Petitioner No.1

 

through

 

 

 

 

Advocate

(Contact details)

 

 

 

Petitioner No. 2

 

 

 

 

 

 

Advocate

(Contact details)

 

 

 

 

 

IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT,

SOUTH-WEST, DWARKA, NEW DELHI

 

 

HMA PETITION NO.____ OF 2022

In the matter of:-

 

Mr. XXXXXX                                                         …Petitioner No. 1

 

Versus

 

Mrs. YYY                                                              …Petitioner No. 2

P.S.:

MEMO OF PARTIES

Mr. XXXXXXXX,

S/o ********************,

R/o *****************************

..Petitioner No.1

Versus

 

Mrs. YYYYY,

D/o: ***************

R/o Flat No.*********************

…Petitioner No.2

 

 

Petitioner No.1

 

through

 

Advocate

(Contact details)

 

 

 

Petitioner No. 2

 

 

 

Advocate

(Contact details)

 

 

 

 

 

 

 

 

IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT,

SOUTH-WEST, DWARKA, NEW DELHI

 

 

HMA PETITION NO.____ OF 2022

In the matter of:-

 

Mr. XXXXXX                                                         …Petitioner No. 1

 

Versus

 

Mrs. YYY                                                              …Petitioner No. 2

P.S.

 

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 has filed a petition for dissolution of marriage by a decree of divorce by mutual consent under section 13 –B (1) of the Hindu Marriage Act, 1955. The parties to the petition being Hindu by religion are governed by the Hindu Marriage Act, 1955 (As amended up to date). The affidavits of both the Petitioners duly attested are being filed herewith.
  2. That the marriage between the Petitioner No. 1 and Petitioner No. 2 was solemnized on 00.00.0000 at **********************************, in accordance with Hindu Rites and ceremonies. The affidavits of the petitioners, duly attested, are being filed herewith. Marriage Photograph along with a copy of marriage certificate issued by Arya Samaj Mandir is annexed herewith as Annexure P-1.
  3. That the age, status & place of residence of the Petitioners before marriage and at the time of filing of this petition are as under:-

PETITIONER NO. 1/ HUSBAND

Status Place of Residence Age

(yrs.)

At the time of marriage  

Bachelor

*************** __ years
At the time of filing the present petition  

Married

*************** __ years

 

Petitioner no. 2/ WIFE

Status Residence Age
At the time of marriage  

Spinster

********************** ___ years
At the time of filing the present petition  

Married

********************** ___years

Copy of Aadhar Card of Petitioner No. 1 is annexed herein as Annexure-P2 and copy of Aadhar Card of Petitioner No.2 is annexed herein as Annexure- P3.

  1. That at the time of solemnization of marriage the petitioner no.1&2 were Hindu as per Hindu Marriage Act, 1955 and even continues to do so even at the time of filing of the present divorce petition.
  2. That after the solemnization of marriage, the petitioners resided together as husband and wife and duly consummated the marriage, however no child was born out of the said wedlock.
  3. The petitioners have been living separately from each other since *************** and they have not been able to live together since then as husband and wife on account of their indifferent attitudes and temporal differences towards each other.
  4. That Efforts were made from time to time by the parties, their relations and friends to bring about reconciliation between the parties to enable them to live together, but all such efforts failed miserably. The marriage between the parties has broken down completely, irreparably and irretrievably, and there is now no chance of any reconciliation between the parties or their living together at any time even in future.
  5. That by way of Settlement deed dated ********** executed between the parties, the parties have mutually, amicably, fully and finally settled all disputes between them, including istridhan, permanent alimony, maintenance-past, present and future and expenses of the proceedings, costs, etc. A copy of the Agreement dated *************, executed by the parties, incorporating all the terms and conditions in detail is annexed herewith as Annexure P-4, the entire contents whereof may be treated and read as part and parcel hereof also and same are not being repeated and reproduced herein for the sake of brevity.
  6. That due to the temperamental differences and incompatibility between the parties, the parties have been living separately since 5th January, 20** and there is no relationship between the parties as that of a husband and wife since 5th, January, 20**.
  7. That now the parties of the petition have voluntarily arrived at an amicable solution resolving all their disputes and they have agreed to get their marriage dissolved by a decree of divorce by mutual consent as envisaged under Section 13 B of the Hindu Marriage Act, 1955. The parties have entered into a settlement dated *********.
  8. That as per the settlement between the Petitioners, the following has been agreed upon between them:-
  9. Parties have agreed that they would file a petition jointly for grant of divorce by mutual consent in accordance with law as provided U/s. 13 (B) of HMA Act;
  10. 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 proper and competent Court. 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 six months as per law or as permitted by the Hon’ble Court. 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.
  • It is agreed that the Petitioner No. 1 would pay a sum of Rs. NIL (NIL) to the Petitioner No. 2 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.;
  1. It is also agreed between the parties pursuant to the signing and executing of the Present settlement, all the claims of the Second Party qua the First Party and his family members/relatives shall stand satisfied and extinguished.
  2. It is agreed between the parties that on fulfillment of terms and conditions of the present settlement, the parties shall be free to live their life independently without interference of any kind from each others’ side.
  3. It is agreed between the parties that they shall be left with no matrimonial rights towards each other and shall have no right, title or interest over the movable or immovable properties of each other & shall not litigate qua the marriage in future.
  • Both the parties shall cooperate and sign all necessary documents for the purposes of obtaining divorce by mutual consent and render all assistance for the expeditious disposal of the same and shall undertake to appear before the concerned court for recording of their statements for the purposes of obtaining divorce by mutual consent.
  • 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.
  1. The Second Party after the receipt of the sum of (Rupees NIL) subject to the aforementioned clauses, will not claim any further amount towards past, present and future maintenance, compensation, alimony or expenditure from the First Party or his family members or relatives. It is also agreed between the parties that pursuant to receipt of (Rupees NIL), 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 stand extinguished and the First 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 First Party. Likewise, the First Party shall also not lay any claim or compensation towards the Second Party or her relatives.
  2. 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.
  3. 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 First Party subject to the receipt of settlement amount of Rs. NIL in compliance of the Settlement Deed.
  • 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.
  • 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.
  • The parties hereinabove have taken a decision to break their matrimonial ties keeping in view their future welfare and better prospects.
  1. 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.
  • 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.
  • 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.
  • It is agreed between the parties that in case of breach/violation/willful/deliberate disobedience, the party breaching the terms shall be liable for contempt proceedings and the party aggrieved shall be entitled for status quo-ante in every possible way.
  • It is agreed between the parties that the defaulting party would return all the benefits/advantages/privileges that have endured in its favour and both the parties would be restored to the position that was before they had arrived at such a settlement agreement.
  1. 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.
  • 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.
  1. That the mutual consent of the petitioners for the dissolution of their marriage by a decree of divorce has not been obtained by force, fraud and/or undue influence. That this petition is not being presented in collusion either between the petitioners or with anybody else.
  2. That the Petitioners have been living separately from each other since ***********. There is no possibility for the Petitioners to reconcile their disputes/differences. The marriage of the petitioners has been irrevocably broken for all practical purposes.
  3. That both the parties undertake that except as mentioned above, no other litigation/case/proceedings is pending/decided against the other party or any of his/her relatives and also undertake not to file any other type of case in future i.e. civil, criminal and/or matrimonial against each other and/or any other member/relation of the other’s family, in/before any Court of law and/or before any other forum or authority, in any manner or respect. In any case, any such case, complaint or proceeding, etc of the either party, if filed in future, shall be treated in violation of the settlement agreed between the parties.
  4. That both the parties undertake that neither party nor even any of his/her representatives, executors, assigns, successors, administrators, etc. would at any time, even in future, challenge the contents of this application, terms and conditions as agreed between the parties, on any ground, whatsoever, and/or in any manner, whatsoever, and would always remain bound by them. The terms and conditions agreed between the parties is the primary disposition of all the matters between the parties, whether addressed or not herein.
  5. That there is no legal ground why relief, as prayed for, should not be granted to the petitioners.
  6. That the prescribed court fee has been affixed on the present petition.
  7. That the Petitioner No. 2 is presently residing within the limits of territorial jurisdiction of this Hon’ble Court. Hence, this Hon’ble Court has the jurisdiction to entertain this petition.

PRAYER:

In view of the above said facts and circumstance, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to:-

  1. Dissolve the marriage of Petitioner No. 1 & Petitioner No. 2 by a decree of divorce by mutual consent;
  2. Pass such other or further order(s)/direction(s), which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case, to meet the ends of justice.
 

 

Petitioner No.1

 

through

 

 

Advocate

(Contact details)

 

 

Petitioner No. 2

 

 

 

 

Advocate

(Contact details)

 

 

VERIFICATION:-

 

Verified at New Delhi on this     day of    , 2022 that the contents of petition containing Para No. 1 to 11 are true and correct to the best of my knowledge and belief and para no. 12 to 18  are true and correct as per the legal advice and nothing material has been concealed therefrom. The last para is prayer to this Hon’ble Court.

 

 

 

Petitioner No.1

 

through

 

Advocate

(Contact details)

 

 

Petitioner No. 2

 

 

 

Advocate

(Contact details)

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT,

SOUTH-WEST, DWARKA, NEW DELHI

 

 

HMA PETITION NO.____ OF 2022

In the matter of:-

 

Mr. XXXXXX                                                         …Petitioner No. 1

 

Versus

 

Mrs. YYY                                                              …Petitioner No. 2

P.S.:

 

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

I, Mr. XXXXX, S/o Shri ************, aged about __ years R/o _______________________ do hereby solemnly affirm and declare as under:-

  1. That I am the Petitioner No. 1 in the above mentioned petition and am fully conversant with the facts of the petition thus I am competent and in a position to swear this affidavit.
  2. I say that I got married with Petitioner No. 2 on ******** at **********************************, in accordance with Hindu Rites and ceremonies.
  3. That the parties to the petition have mutually agreed that their marriage should be dissolved by mutual consent by a decree of divorce by this Hon’ble Court.
  4. That the parties have arrived at a compromise on the following terms and conditions:
  5. Parties have agreed that they would file a petition jointly for grant of divorce by mutual consent in accordance with law as provided U/s. 13 (B) of HMA Act;
  6. 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 proper and competent Court. 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 six months as per law or as permitted by the Hon’ble Court. 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.
  • It is agreed that the Petitioner No. 1 would pay a sum of Rs. NIL (NIL) to the Petitioner No. 2 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.;
  1. It is also agreed between the parties pursuant to the signing and executing of the Present settlement, all the claims of the Second Party qua the First Party and his family members/relatives shall stand satisfied and extinguished.
  2. It is agreed between the parties that on fulfillment of terms and conditions of the present settlement, the parties shall be free to live their life independently without interference of any kind from each others’ side.
  3. It is agreed between the parties that they shall be left with no matrimonial rights towards each other and shall have no right, title or interest over the movable or immovable properties of each other & shall not litigate qua the marriage in future.
  • Both the parties shall cooperate and sign all necessary documents for the purposes of obtaining divorce by mutual consent and render all assistance for the expeditious disposal of the same and shall undertake to appear before the concerned court for recording of their statements for the purposes of obtaining divorce by mutual consent.
  • 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.
  1. The Second Party after the receipt of the sum of (Rupees NIL) subject to the aforementioned clauses, will not claim any further amount towards past, present and future maintenance, compensation, alimony or expenditure from the First Party or his family members or relatives. It is also agreed between the parties that pursuant to receipt of (Rupees NIL), 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 stand extinguished and the First 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 First Party. Likewise, the First Party shall also not lay any claim or compensation towards the Second Party or her relatives.
  2. 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.
  3. 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 First Party subject to the receipt of settlement amount of Rs. NIL in compliance of the Settlement Deed.
  • 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.
  • 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.
  • The parties hereinabove have taken a decision to break their matrimonial ties keeping in view their future welfare and better prospects.
  1. 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.
  • 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.
  • 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.
  • It is agreed between the parties that in case of breach/violation/willful/deliberate disobedience, the party breaching the terms shall be liable for contempt proceedings and the party aggrieved shall be entitled for status quo-ante in every possible way.
  • It is agreed between the parties that the defaulting party would return all the benefits/advantages/privileges that have endured in its favour and both the parties would be restored to the position that was before they had arrived at such a settlement agreement.
  1. 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.
  • 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.
  1. That the Petitioners are fully satisfied with the present arrangement and as such they will not file any claim of any nature whatsoever in future including claim for maintenance, permanent alimony etc. or for custody or care of the children against each other or their respective family members.
  2. I undertake to abide by the settlement arrived at between the Petitioners as mentioned in para No. 4.
  3. That in case of any breach/violation/willful/deliberate disobedience of the terms of the settlement agreement, breach, violation of any of the terms of the settlement agreement, I shall be liable to be punished for contempt of court.
  4. I undertake to abide by the stipulation as contained in the judgment dated 15.05.2018, passed by the Hon’ble High Court of Delhi in the matter of Rajat Gupta vs. Rupali Gupta in Cont. Case (C)772/2013.
  5. I say that the above petition is not presented in collusion with the Petitioner No. 2
  6. I say that the mutual consent has not been obtained by force, fraud or undue influence.
  7. I say that I have gone through the accompanying petition for dissolution of marriage by a decree of divorce by mutual consent and the contents of the same are correct and no part of it is false.
  8. I say that the contents of the accompanying petition may be read as part of this affidavit as those are not being repeated herein for the sake of brevity.

 

 

Deponent

VERIFICATION:-

Verified at New Delhi on this ___ day of May, 2022, that the contents of the aforesaid 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 LD. PRINCIPAL JUDGE, FAMILY COURT,

SOUTH-WEST, DWARKA, NEW DELHI

 

 

HMA PETITION NO.____ OF 2022

In the matter of:-

 

Mr. Vipul Malhotra                                                  …Petitioner No. 1

 

Versus

 

Mrs. Swati                                                             …Petitioner No. 2

 

AFFIDAVIT OF THE PETITIONER NO. 2 AS PER JUDGMENT DATED 15.05.2018 PASSED BY THE HON’BLE HIGH COURT OF DELHI IN THE MATTER OF RAJAT GUPTA VS. RUPALI GUPTA IN CONT. CASE (C) 772/2013

I, Mrs. YYYYY, D/o: Shri ***************, aged about ___ years, R/o. Flat No.-************************ do hereby solemnly affirm and declare as under:-

  1. That I am the Petitioner No. 2 in the above-mentioned petition and am fully conversant with the facts of the petition thus I am competent and in a position to swear this affidavit.
  2. I say that I got married with Petitioner No. 1 on ********* at **************************, in accordance with Hindu Rites and ceremonies.
  3. That the parties to the petition have mutually agreed that their marriage should be dissolved by mutual consent by a decree of divorce by this Hon’ble Court.
  4. That the parties have arrived at a compromise on the following terms and conditions:
  5. Parties have agreed that they would file a petition jointly for grant of divorce by mutual consent in accordance with law as provided U/s. 13 (B) of HMA Act;
  6. 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 proper and competent Court. 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 six months as per law or as permitted by the Hon’ble Court. 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.
  • It is agreed that the Petitioner No. 1 would pay a sum of Rs. NIL (NIL) to the Petitioner No. 2 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.;
  1. It is also agreed between the parties pursuant to the signing and executing of the Present settlement, all the claims of the Second Party qua the First Party and his family members/relatives shall stand satisfied and extinguished.
  2. It is agreed between the parties that on fulfillment of terms and conditions of the present settlement, the parties shall be free to live their life independently without interference of any kind from each others’ side.
  3. It is agreed between the parties that they shall be left with no matrimonial rights towards each other and shall have no right, title or interest over the movable or immovable properties of each other & shall not litigate qua the marriage in future.
  • Both the parties shall cooperate and sign all necessary documents for the purposes of obtaining divorce by mutual consent and render all assistance for the expeditious disposal of the same and shall undertake to appear before the concerned court for recording of their statements for the purposes of obtaining divorce by mutual consent.
  • 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.
  1. The Second Party after the receipt of the sum of (Rupees NIL) subject to the aforementioned clauses, will not claim any further amount towards past, present and future maintenance, compensation, alimony or expenditure from the First Party or his family members or relatives. It is also agreed between the parties that pursuant to receipt of (Rupees NIL), 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 stand extinguished and the First 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 First Party. Likewise, the First Party shall also not lay any claim or compensation towards the Second Party or her relatives.
  2. 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.
  3. 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 First Party subject to the receipt of settlement amount of Rs. NIL in compliance of the Settlement Deed.
  • 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.
  • 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.
  • The parties hereinabove have taken a decision to break their matrimonial ties keeping in view their future welfare and better prospects.
  1. 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.
  • 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.
  • 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.
  • It is agreed between the parties that in case of breach/violation/willful/deliberate disobedience, the party breaching the terms shall be liable for contempt proceedings and the party aggrieved shall be entitled for status quo-ante in every possible way.
  • It is agreed between the parties that the defaulting party would return all the benefits/advantages/privileges that have endured in its favour and both the parties would be restored to the position that was before they had arrived at such a settlement agreement.
  1. 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.
  • 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.
  1. That the Petitioners are fully satisfied with the present arrangement and as such they will not file any claim of any nature whatsoever in future including claim for maintenance, permanent alimony etc. or for custody or care of the children against each other or their respective family members.
  2. I undertake to abide by the settlement arrived at between the Petitioners as mentioned in para No. 4.
  3. That in case of any breach/violation/willful/deliberate disobedience of the terms of the settlement agreement, breach, violation of any of the terms of the settlement agreement, I shall be liable to be punished for contempt of court.
  4. I undertake to abide by the stipulation as contained in the judgment dated 15.05.2018, passed by the Hon’ble High Court of Delhi in the matter of Rajat Gupta vs. Rupali Gupta in Cont. Case (C)772/2013.
  5. I say that the above petition is not presented in collusion with the Petitioner No. 1
  6. I say that the mutual consent has not been obtained by force, fraud or undue influence.
  7. I say that I have gone through the accompanying petition for dissolution of marriage by a decree of divorce by mutual consent and the contents of the same are correct and no part of it is false.
  8. I say that the contents of the accompanying petition may be read as part of this affidavit as those are not being repeated herein for the sake of brevity.

 

Deponent

VERIFICATION:-

Verified at New Delhi on this ___ day of May, 2022, that the contents of the aforesaid 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 LD. PRINCIPAL JUDGE, FAMILY COURT,

SOUTH-WEST, DWARKA, NEW DELHI

 

 

HMA PETITION NO.____ OF 2022

In the matter of:-

 

Mr. Vipul Malhotra                                                  …Petitioner No. 1

 

Versus

 

Mrs. Swati                                                             …Petitioner No. 2

P.S.:

LIST OF DOCUMENTS ALONG WITH DOCUMENTS 

SL.NO. PARTICULARS PAGE NO.
1. Marriage photograph along with photocopy of marriage certificate dated 00.00.0000 issued by ARYA SAMAJ MANDIR is annexed herewith as Annexure-P-1.  
2. Photo Copy of the Aadhar Card the Petitioner No.1 is annexed herein as Annexure-P-2.  
3. Photo copy of the Aadhar Card of Petitioner No.2 is annexed herein as Annexure-P-3.  
4. Copy of the Settlement Agreement dated 00.00.0000 is annexed herein as Annexure-P-4.  

 

 

 

Petitioner No.1

through

 

 

 

 

Petitioner No. 2

 

Advocate

(Contact details)

 

 

Dated:

Place:

 

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