IN THE COURT OF DISTRICT & SESSION JUDGE,

DWARKA COURTS,NEW DELHI

H.M.A. PETITION NO. OF 2014

IN THE MATTER OF:-

RAJESH
S/O SH. RAM KUMAR
R/O VPO SAWLI, P.S. RAI,
DISTT. SONIPAT, HARYANA
...PETITIONER NO.1
AND
BABITA
W/O SH. RAJESH
D/O SH. RAGHBIR SINGH
R/O VILLAGE BAKHARGARH,
POST UJWA, NEW DELHI-110073
...PETITIONER NO.2

PETITION FOR DISSOLUTION OF MARRIAGE

BY A DECREE OF DIVORCE BY MUTUAL
CONSENT UNDER SECTION 13-B (2) OF THE
HINDU MARRIAGE ACT, 1955, AS AMENDED
BY THE MARRIAGE LAWS (AMENDEMENT) ACT,
1976.

MOST RESPECTFULLY SHOWETH:-

1. That the marriage between the petitioner

No.1 and 2 was solemnized according to

Hindu rites and ceremonies on 22.02.2002.

Affidavit of Petitioner No. 1 and

Petitioner No. 2 to this effect, duly

attested, is filed herewith.

2. That the status and place of residence of

the parties to the marriage before marriage

and at the time of filing of the petition

are as follows:
 PETITIONER NO.1/HUSBAND

Status Age Place of residence

Before the Hindu VPO Sawali, Distt.

marriage Bachelor years
Sonipat, Haryana.

At the time Hindu ------Do----

of filing Married years
petition.

PETITIONER NO.2/WIFE

status Age Place of residence

Before the Hindu Village Bakhargarh,

Marriage spinster years Post Ujwa, New DELHI-
110073

At the time Hindu ---Do---

of Marriage Married years

3. That after the marriage, the petitioner

No.1 and 2 lived together as husband and

wife and cohabited and no issue was born

out of the said wed-lock.

4. That the parties to the petition have been

living separately since 07.04.2007 and they

are not in a position to re-unite or to

patch up their disputes and differences

despite best efforts due to their

temperamental differences and attitude and

since then there has not been any

cohabitation between the parties to the

 petition, as husband and wife since

07.04.2007.

5. That several efforts were also made by the

well-wishers, relatives and common friends

of the parties to the petition but parties

could not re-unite and there is no chance

of their living together as husband and

wife again. Hence, there is no possibility

of coming for reconciliation and rejoining,

so the parties desired immediately and

earnestly to get their marriage dissolved

by mutual consent.

6. That the petitioner No.2/wife has settled

her entire claim towards her entire dowry/

Jewellery, istridhan, maintenance (past,

present, future, all inclusive) and

permanent alimony etc. in lump sum for a

sum of Rs. 1,25,000/-which will be payable

in following manner:-

i) Rs.60,000/-(Rupees Sixty thousand) has

also already been paid by the
petitioner No.1 to petitioner No.2 by
way of Bank Draft at the time of
making statement before the Court in
the petition U/s 13-B(1) of H.M.A.
Act, 1955.
 ii) Now remaining balance of Rs. 65,000/-
(Rupees Sixty five Thousand) out of
above referred settled amount of Rs.
1,25,000/- shall be paid by the
petitioner No.1 to petitioner No.2 by
way of Bank Draft at the time of
making statement before the Court in
the petition U/s 13-B(2) of H.M.A.
Act, 1955.

7. That now the parties have mutually

consented and decided for the dissolution

of their marriage by a decree of divorce by

mutual consent. Both the parties have

agreed to file a joint petition for

dissolution of their marriage before this

Hon’ble Court under Section 13(B) (1) & (2)

of H.M.A, 1955 as amended by the marriage

laws (amended) act, 1976, by mutual

consent.

8. That the petitioners have filed the

petition for dissolution of their marriage

by a decree of divorce by mutual consent

U/s 13 (B) (1) of H.M. Act 1955 which was

allowed by the court of Smt. Deepa Sharma

Ld. Judge Family Court, Dwarka Courts, New

Delhi, vide judgment/order dated

27.09.2012.
9. That the mutual consent has not been

obtained by force, fraud, undue influence,

coercion and pressure from any corner

whatsoever.

10. That there is no collusion or connivance

with each other in filing the present

petition.

11. That there has not been any unnecessary or

improper delay in filing the present

petition.

12. That there is no legal impediment as to why

the relief sought should not be granted to

the Petitioners.

13. That this Hon’ble Court has got the

jurisdiction and is fully competent to

entertain, try and decide the present joint

petition, as the marriage between the

parties was solemnized at Delhi and parties

to the petition lastly resided and

cohabited together at Delhi.

14. That no similar petition has been filed by

the parties before this Hon’ble Court or

any other court except the present petition

 under Section 13 (B) (2) of Hindu Marriage

Act, 1955.

15. That the necessary court fee has been

affixed on the face of the petition.

In view of the facts and

circumstances of the submission made above,

it is, therefore, most respectfully prayed

that this Hon’ble Court may graciously be

pleased to dissolve the marriage of the

Petitioners by mutual consent under the

provision of Section 13(B)(2) of the Hindu

Marriage Act, as amended upto date, in the

interest of justice.

PETITIONER NO. 1 PETITIONER NO. 2

THROUGH
COUNSEL
DELHI
DATED:
VERIFICATION:-
The contents of para 1 to 8 are true
and correct to my knowledge and belief and
the contents of para 9 to 15 are based on
information received and I believe that the
same are true and correct. Last para is
prayer to this Hon'ble Court.
Verified at Delhi on this day of
February, 2014.

PETITIONER NO. 1 PETITIONER NO. 2

 IN THE COURT OF DISTRICT & SESSION JUDGE,
DWARKA COURTS,NEW DELHI

H.M.A. PETITION NO. OF 2014

IN THE MATTER OF:-

RAJESH ...PETITIONER NO.1
AND
BABITA ...PETITIONER NO. 2

AFFIDAVIT

I, Rajesh S/o Sh. Ram Kumar R/o VPO

Sawli, P.S. Rai, Distt. Sonipat, Haryana,
presently at Delhi, do hereby solemnly affirm
and declare as under:-

1. That I am the Petitioner No. 1 in the above

noted case. Hence, competent to swear this
affidavit.

2. That the marriage of deponent was solemnized

with petitioner No.2 at Delhi, on 22.02.2000
according to Hindu rites and ceremonies.

3. That the contents of accompanying petition

under Section 13(B)(2) of Hindu Marriage Act
has been drafted by my counsel under my
instruction the same has been explained to me
in my vernacular language which are true and
correct to my knowledge and belief. The
 contents of same may kindly be read as part
and parcel of this affidavit as the same are
not reproduced herein for the sake of brevity.

4. That the mutual consent has not been obtained

by force, fraud, undue influence, coercion and
pressure from any corner whatsoever.

5. That there is no collusion or connivance with

each other in filing the present petition.

6. That there has not been any unnecessary or

improper delay in filing the present petition.

7. That there is no legal impediment as to why

the relief sought should not be granted to the
Petitioners.

8. That the deponent and petitioner No.2 have

been living separately since 07.04.2007 due to
their temperamental differences and they are
not in a position to re-unite or to patch up
their disputes and differences despite best
efforts and since then there has not been any
cohabitation between the parties to the
petition.

DEPONENT

VERIFICATION:

Verified at Delhi on .02.2014 that

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

IN THE COURT OF DISTRICT & SESSION JUDGE,

DWARKA COURTS, NEW DELHI

H.M.A. PETITION NO. OF 2014

IN THE MATTER OF:-

RAJESH ...PETITIONER NO.1
AND
BABITA ...PETITIONER NO. 2

AFFIDAVIT

I, Babita W/o Sh. Rajesh D/o Sh.

Raghbir Singh R/o Village Bakhargarh, Post
Ujwa, New Delhi-110073, do hereby solemnly
affirm and declare as under:-

1. That I am the Petitioner No. 2 in the above

noted case. Hence, competent to swear this
affidavit.

2. That the marriage of deponent was solemnized

with petitioner No.1 at Delhi, on 22.02.2000
according to Hindu rites and ceremonies.

3. That the contents of accompanying petition

under Section 13(B)(2) of Hindu Marriage Act
has been drafted by my counsel under my
instruction the same has been explained to me
in my vernacular language which are true and
correct to my knowledge and belief. The
contents of same may kindly be read as part
and parcel of this affidavit as the same are
not reproduced herein for the sake of brevity.
4. That the mutual consent has not been obtained
by force, fraud, undue influence, coercion and
pressure from any corner whatsoever.

5. That there is no collusion or connivance with

each other in filing the present petition.

6. That there has not been any unnecessary or

improper delay in filing the present petition.

7. That there is no legal impediment as to why

the relief sought should not be granted to the
Petitioners.

8. That the deponent and petitioner No.1 have

been living separately since 07.04.2007 due
to their temperamental differences and they
are not in a position to re-unite or to patch
up their disputes and differences despite best
efforts and since then there has not been any
cohabitation between the parties to the
petition.

DEPONENT
VERIFICATION:
Verified at Delhi on .02.2014 that the
contents of the above affidavit are true and
correct to the best of my knowledge and belief
and nothing has been concealed therefrom.

DEPONENT
 IN THE COURT OF DISTRICT & SESSION JUDGE,
DWARKA COURTS, NEW DELHI

H.M.A. PETITION NO. OF 2014

IN THE MATTER OF:-

RAJESH ...PETITIONER NO.1
AND
BABITA ...PETITIONER NO.2

INDEX
SL. PARTICULARS COURT PAGE
NO. FEES.
NOS.

1. MEMO OF PARTIES

2. PETITION UNDER
SECTION 13(B)(2) OF
H.M.A. ALONG WITH
AFFIDAVITS OF BOTH
THE PETITIONERS.

3. LIST OF DOCUMENTS
ALONG WITH DOCUMENTS
4. VAKALATNAMA.

5. CARBON COPY OF
PETITION.

PETITIONER NO. 1
HUSBAND

PETITIONER NO. 2
WIFE
THROUGH

COUNSEL
DELHI
DATED:
 IN THE COURT OF DISTRICT & SESSION JUDGE,
DWARKA COURTS,NEW DELHI

H.M.A. PETITION NO. OF 2014

IN THE MATTER OF:-

RAJESH ...PETITIONER NO.1
AND
BABITA ...PETITIONER NO. 2

MEMO OF PARTIES

RAJESH
S/O SH. RAM KUMAR
R/O VPO SAWLI, P.S. RAI,
DISTT. SONIPAT, HARYANA
...PETITIONER NO.1
AND

BABITA
W/O SH. RAJESH
D/O SH. RAGHBIR SINGH
R/O VILLAGE BAKHARGARH,
POST UJWA, NEW DELHI-110073
...PETITIONER NO.2

PETITIONER NO. 1
HUSBAND

PETITIONER NO. 2
WIFE
THROUGH

COUNSEL
DELHI
DATED:
 PETITION FOR DISSOLUTION OF MARRIAGE BY A
DECREE OF DIVORCE BY MUTUAL CONSENT UNDER
SECTION 13-B (2) OF HINDU MARRIAGE ACT
1955.

The petitioners respectfully pray as

under:-

1. That the petitioner No.1 was married to the

petitioner No.2 on 20.03.2005 according to

Hindu rites and ceremonies at Bhopal.

2. That the status, age and place of residence

of the parties before marriage and at the
time of filing of the petition were as
under:-

HUSBAND/PETITIONER NO.1

Status age place of res.

(Before marriage)
Hindu Bachelor 24 Yrs. C-1/94,Brindapur
Extn.
Jeevan Park, Uttam
Nagar,New Delhi-59

At the time of
filing
Hindu Married 32 Yrs D-1/5 A,2nd
Floor,Jeevan
Park, Uttam Nagar,
New
Delhi-59

Wife/petitioner No.1

Status age place of res.

(Before marriage)
Hindu unmarried 26 Yrs. A-104, Arera Colony,
Bhopal

At the time of
filing
Hindu Married 34 Yrs J-3/201,2nd Floor,
Near Gurudwara,
Rajouri Garden New
Delhi-47

3. That the parties to the marriage last

resided together at C-1/94, Brindapur
Extn., Jeevan Park, Uttam Nagar, New Delhi-
110059 and one child namely Ms. Kanishka
Chauhan (presently aged 7 years and nine
months), was born to the petitioners out of
this wedlock who is residing with the
petitioner No.1 since she was born.

4. That due to temperamental differences the

parties to the marriage could not adjust
with each other. Therefore, the petitioners
are living separately since 26.11.2011 and
are not performing their marital obligation
towards each other. The parties have not
been able to reconcile their differences
despite the intervention of relatives and
common friends and have therefore, with the
intervention of relatives and family
friends, decides to file for divorce by
mutual consent. Thus the marriage between
the parties has irretrievably broken down
and there is no possibility of the parties
living together as husband and wife.

5. That the parties withdraw all their

allegation against each other and want to
separate amicably as both petitioner have
temporal and psychological differences.
Thus, the parties have agreed to settle all
 their claims pertaining to past, present
and future maintenance, permanent alimony,
stridhan, marriage expenses etc. and the
petitioner No.1 has agree to pay a sum of
Rs. 20 Lacs to the petitioner No.2 vide
Demand Draft No. _______ of ICICI Bank in
favour of petitioner No.2 dated 25.10.2013
towards full and final settlement of all
claims of petitioner No.2 including
stridhan past, present and future
maintenance. However, it is further agreed
between the parties that the above stated
amount shall be paid by the petitioner No.1
to the petitioner No.2 at the time of
making statement in second motion petition.
Moreover, the parties herein undertake not
to raise any claims against each other for
any reason in connection with the marriage.
The custody of child namely Ms. Kanishka
Chauhan will remain with the petitioner
No.1 and the petitioner No.2 will have
visitation rights to meet the child with
the prior permission of the petitioner
No.1.

6. That the First motion was filed and allowed

on 26.04.2013 in the Ld. Court of Ms.
Barkha Gupta, ADJ, Delhi, vide H.M.A.
petition No. 110/13, titled as Mr. Rahul
Chauhan Vs. Smita Chauhan and the terms of
the settlement were recorded in the said
petition. The certified copy of the
statement of parties recorded and the order
is annexed to this petition. Since the
 passing of First motion the parties have
not lived or cohabited together and have
not been able to reconcile their
differences.

7. That the parties with their free will and

consent have decided to get their marriage
dissolved by a decree of divorce by mutual
consent.

8. That the parties to the petition were

married at Bhopal and have stayed at New
Delhi within the jurisdiction of this
Hon’ble Court.

9. That the petition has been field by the

parties own free will and consent without
any pressure.

10. That the mutual consent of the parties has

not been obtained by force, fraud or undue
influence.

11. That the present petition is not presented

in collusion.

12. That there is no other proceeding of Hindu

Marriage Act or any other proceedings
relating to this marriage pending in any
court on behalf of the petitioners/parties.

13. That there is no other legal ground why the

relief should not be granted.
14. That the proper court fee has been affixed
on the petition.

In view of the facts and circumstances

mentioned above, it is, therefore, most
respectfully prayed that the marriage
between the parties may be dissolved by a
decree of divorce by mutual consent and a
decree of divorce be issued to the
Petitioners in the interest of justice.

PETITIONER NO. 1 PETITIONER NO.

2

THROUGH
Rajesh Sharma

Advocate for petitioners

DELHI
DATED: .11.2013

VERIFICATION:
We the above named petitioners do
hereby state on solemn affirmation that the
facts stated in paras 1 to 14 of the above
petition are true and correct to our
knowledge and no part of it is false.

Verified at Delhi on this day of

November, 2013.

PETITIONER NO. 1 PETITIONER NO.

2
 IN THE COURT OF SMT. BARKHA GUPTA, TIS HAZARI
COURTS, NEW DELHI

H.M.A. PETITION NO. OF 2013

IN THE MATTER OF:-

MR. RAHUL CHAUHAN ...PETITIONER
NO.1
AND
MRS. SMITA CHAUHAN ...PETITIONER
NO.2

AFFIDAVIT

I, Rahul Chauhan S/o Sh. Ravi Kumar

Chauhan aged about 32 years R/o D-1/5A, 2nd
Floor, Jeevan Park, Uttam Nagar, New Delhi-
110059, do hereby solemnly affirm and declare
as under:-

1. That I am the Petitioner No. 1 in the above

noted case. Hence, competent to swear this
affidavit.

2. I was married to the petitioner No.2 at Bhopal

on 20.03.2005.

3. I have not presented the petition in collusion

with the petitioner No.2.

4. The mutual consent has not been obtained by

force, fraud or undue influence of any kind.

5. The contents of accompanying petition under

Section 13(B)(2) of Hindu Marriage Act, 1955
have been drafted under my instruction and the
same are true and correct to my knowledge and
belief.

DEPONENT
VERIFICATION:
Verified at Delhi on this day of
November,2013 that the contents of the above
 affidavit are true and correct to the best of
my knowledge and belief and nothing has been
concealed there from.

DEPONENT

IN THE COURT OF SMT. BARKHA GUPTA, TIS HAZARI

COURTS, NEW DELHI

H.M.A. PETITION NO. OF 2013

IN THE MATTER OF:-

MR. RAHUL CHAUHAN ...PETITIONER
NO.1
AND

MRS. SMITA CHAUHAN ...PETITIONER

NO.2

AFFIDAVIT

I, Smita Chauhan W/o Sh. Rahul Chauhan

aged about 34 years R/o J-3/201, 2nd floor,
Near Gurudwara, Rajouri Garden, New Delhi-
110047, do hereby solemnly affirm and declare
as under:-

1. That I am the Petitioner No. 2 in the above

noted case. Hence, competent to swear this
affidavit.

2. I was married to the petitioner No.2 at Bhopal

on 20.03.2005.

3. I have not presented the petition in collusion

with the petitioner No.1.

4. The mutual consent has not been obtained by

force, fraud or undue influence of any kind.

5. The contents of accompanying petition under

Section 13(B)(2) of Hindu Marriage Act, 1955
have been drafted under my instruction and the
same are true and correct to my knowledge and
belief.
 DEPONENT
VERIFICATION:
Verified at Delhi on this day of
November,2013 that the contents of the above
affidavit are true and correct to the best of
my knowledge and belief and nothing has been
concealed there from.

DEPONENT

IN THE COURT OF HON’BLE DISTRICT JUDGE, DELHI

H.M.A. PETITION NO.______/2013

IN THE MATTER OF:

SMT. NAUTAN
W/O SH. ANANAT PRAKASH
D/O SH. BAL KISHAN
R/O RZ-34/1409, SHANKAR PART WEST,
SAGAR PUR, DELHI
...PETITIONER NO.1

AND
ANANT PRAKASH
S/O SH. RAM DEV MAURYA
R/O HOUSE NO. 29, KRISHNA PARK,
NEW DELHI
...PETITIONER NO.2

PETITION FOR DISSOLUTION OF MARRIAGE BY

A DECREE OF DIVORCE BY MUTUAL CONSENT
UNDER SECTION 13(B)(2) OF THE HINDU
MARRIAGE ACT, 1955, AS AMENDED BY THE
MARRIAGE LAWS (AMENDEMENT) ACT, 1976

MOST RESPECTFULLY SHOWETH:-

1. That a marriage was solemnized between the

parties at Delhi, on 17.02.2002 according

to Sikh rites and ceremonies. Affidavit of

Petitioner No. 1 and Petitioner No. 2 to

this effect, duly attested, is filed

herewith.

2. That the age, status, place of residence of

both the Petitioners, before their marriage

and at the time of filing the present

petition were/are as under:-

PETITIONER NO.1/WIFE
AT THE TIME OF MARRIAGE:

STATUS AGE PLACE OF RESIDENCE

Hindu 26 yrs. RZ-34/1409, Shankar Park

Unmarried West, Sagarpur, Delhi

AT THE TIME OF FILING THE PETITION:

STATUS AGE PLACE OF RESIDENCE

Hindu 36 Yrs -Do-

Married

PETITIONER NO.2/HUSBAND

AT THE TIME OF MARRIAGE:

STATUS AGE PLACE OF RESIDENCE

Hindu 26 yrs. H.No. 29, Krishna Park,

Unmarried Devli Road, New Delhi

AT THE TIME OF FILING THE PETITION:

STATUS AGE PLACE OF RESIDENCE

Hindu 36 yrs. -Do-
Married

3. That the parties to the petition lived

together as husband and wife till

10.04.2006.

4. That one female child was born namely baby

Ashmita from the wedlock of the

petitioners.

5. That the parties to the petition have been

living separately since 10.04.2006 and they

are not in a position to re-unite or to

patch up their disputes and differences

despite best efforts and since then there

has not been any cohabitation between the

parties to the petition.

6. That several efforts were also made by the

well-wishers, relatives and common friends

of the parties to the petition but parties

could not re-unite and it is clear that

there is no chance of their living together

as husband and wife in future. Hence, there

is no possibility of coming for

reconciliation and rejoining, so the

parties desire immediately and earnestly to

 get their marriage dissolved by mutual

consent.

7. That the parties to the petition have

amicably settled their all the disputes

with the intervention of their respective

parents, elderly people and well-wishers.

8. That the petitioners have settled their all

the disputes amongst them amicably,

voluntarily and with their free will and

mind, without any pressure, force, fraud,

fear, coercion or undue influence in any

manner whatsoever to dissolve their

marriage by a decree of divorce by mutual

consent.

9. That it was agreed between the parties that

petitioner No.1 shall not claim in future

any maintenance or permanent alimony etc.

from petitioner No.2.

10. That the petitioners have settled their all

the claims/disputes with each other and as

such the parties have left no grudge/

grievance/claim against the either party in

any manner whatsoever. The parties to this

 petition have undertaken that they shall

not raise any kind of claim against each

other in future or their respective family

members and relatives qua this marriage.

11. That both the petitioners have further

undertaken that they shall not file any

kind of complaint or petition against each

other and their respective family members

and relatives in the police, court or any

other authority in future.

12. That first motion petition of the parties

was allowed by the Court of Ms. Sujata

Kohli, Ld. ADJ, Delhi on 30.11.2011.

13. That the petitioner No.2 did not come

forward neither give any proper response to

the request of the petitioner No.1. The

petitioner No.1 send an intimation through

his Counsel for filing the present petition

but till date the petitioner No.2 neither

come forward nor paid any heed to the

intimation send to him.

14. That since now the parties have mutually

consented and decided for the dissolution

 of their marriage by a decree of divorce by

mutual consent, thus both the parties have

agreed to file the present petition for

dissolution of their marriage before this

Hon’ble Court under Section 13(B) (2) of

H.M.A, 1955 as amended by the marriage laws

(amended) act, 1976, by mutual consent.

15. That the mutual consent has not been

obtained by force, fraud, undue influence,

coercion and pressure from any corner

whatsoever.

16. That there is no collusion or connivance

with each other in filing the present

petition.

17. That there has not been any unnecessary or

improper delay in filing the present

petition.

18. That there is no legal impediment as to why

the relief sought should not be granted to

the Petitioners.

19. That this Hon’ble Court has got the

jurisdiction and is fully competent to

 entertain, try and decide the present joint

petition, as the marriage between the

parties was solemnized at Delhi and parties

to the petition lastly resided and

cohabited together at Delhi.

20. That no similar petition has been filed by

the parties before this Hon’ble Court or

any other court except the present petition

under Section 13 (B) (2) of Hindu Marriage

Act, 1955.

21. That the necessary court fee has been

affixed on the face of the petition.

IN THE COURT OF HON’BLE DISTRICT JUDGE, DELHI

H.M.A. PETITION NO.______/2013

IN THE MATTER OF:

SMT. NAUTAN ...PETITIONER
NO.1

AND
ANANT PRAKASH ...PETITIONER
NO.2

INDEX

SL. PARTICULARS COURT PAGE

NO. FEES.
NOS.
1. MEMO OF PARTIES A

2. PETITION UNDER 1-
SECTION 13(B)(2) OF
H.M.A. ALONG WITH
AFFIDAVITS OF BOTH
THE PETITIONERS.

3. LIST OF DOCUMENTS
ALONG WITH DOCUMENTS
4. VAKALATNAMA.

PETITIONER NO. 1 PETITIONER NO.

2
THROUGH

COUNSEL
DELHI
DATED: .09.2013