IN THE COURT OF HON’BLE PRINCIPLE JUDGE | FAMILY COURT

SHAHDARA DISTRICT | KARKARDOOMA COURT COMPLEX,

H.M.A PETITION NO. __________ OF 2023
( PETITION U/S 13-B(1) OF HINDU MARRIAGE ACT,1955)
IN THE MATTER OF

ANITA (WIFE) PETITIONER NO. 1

AND

DIGAMBAR (HUSBAND) PETITIONER NO. 2

INDEX
S.NO. PARTICULARS PAGE NO.

1. Memo of Parties

Petition Under the aegis of Section 13B(1) of the

2. Hindu Marriage Act along with Affidavit of the
parties.

Affidavit of Petitioners in compliance of

Judgement by the Hon’ble High Court of Delhi
3.
Rajat Gupta V. Rupali Gupta 2018 SCC OnLine
Del 9005”

ANNEXURE – A1(COLLY)
Identity Proofs of both the Petitioners, Marriage
4.
Photographs and Marriage Card to prove factum
of marriage

ANNEXURE – B(COLLY)
5.
Memorandum of Understanding dated 13.09.2023

6. VAKALATNAMA

FILED BY THE PETITIONERS THROUGH LD. COUNSEL

DATE: 13TH SEPTEMBER 2023 ANITA
PLACE: DELHI PETITIONER NO.1

THROUGH LD. COUNSEL

DATE: 13TH SEPTEMBER 2023 MANOJ KUMAR

PLACE: DELHI ADVOCATE
E. NO. D/3040/14
MOB: 9560366776

DATE: 13TH SEPTEMBER 2023 DIGAMBAR

PLACE: DELHI PETITIONER NO.2

THROUGH LD. COUNSEL

DATE: 13TH SEPTEMBER 2023 GAURAV SINGH

PLACE: DELHI ADVOCATE
ENRL NO-D-8469/2021
7, PRIYA ENCLAVE,
DELHI-110092
Mobile No. 9958740033
E: gsingh288@gmail.com
IN THE COURT OF HON’BLE PRINCIPLE JUDGE | FAMILY COURT
SHAHDARA DISTRICT | KARKARDOOMA COURT COMPLEX,
H.M.A PETITION NO. __________ OF 2023
( PETITION U/S 13-B(1) OF HINDU MARRIAGE ACT,1955)
IN THE MATTER OF

ANITA (WIFE) PETITIONER NO. 1

AND

DIGAMBAR (HUSBAND) PETITIONER NO. 2

MEMO OF PARTIES
ANITA (WIFE)
W/O DIGAMBAR
D/O SUKHU RAM
R/O B – 88, NEW SANJAY AMAR
COLONY, VISHWAS NAGAR,
SHAHDARA, EAST DELHI – 110032 PETITIONER NO. 1

AND

DIGAMBAR (HUSBAND)
S/O NARESH PAL SINGH
R/O 500/22 GALI NO. 8,
BHIKAM SINGH COLONY,
VISHWAS NAGAR, SHAHDARA,
NEW DELHI – 110032 PETITIONER NO. 2

FILED BY THE PETITIONERS THROUGH LD. COUNSEL

DATE: 13TH SEPTEMBER 2023 ANITA
PLACE: DELHI PETITIONER NO.1

THROUGH LD. COUNSEL

DATE: 13TH SEPTEMBER 2023 MANOJ KUMAR

PLACE: DELHI ADVOCATE
E. NO. D/3040/14
MOB: 9560366776

DATE: 13TH SEPTEMBER 2023 DIGAMBAR

PLACE: DELHI PETITIONER NO.2

THROUGH LD. COUNSEL

DATE: 13TH SEPTEMBER 2023 GAURAV SINGH

PLACE: DELHI ADVOCATE
ENRL NO-D-8469/2021
7, PRIYA ENCLAVE,
DELHI-110092
Mobile No. 9958740033
E: gsingh288@gmail.com
IN THE COURT OF HON’BLE PRINCIPLE JUDGE | FAMILY COURT
SHAHDARA DISTRICT | KARKARDOOMA COURT COMPLEX,
H.M.A PETITION NO. __________ OF 2023
( PETITION U/S 13-B(1) OF HINDU MARRIAGE ACT,1955)
IN THE MATTER OF

ANITA (WIFE).
W/O DIGAMBAR
D/O SUKHU RAM
R/O B – 88, NEW SANJAY AMAR
COLONY, VISHWAS NAGAR,
SHAHDARA, EAST DELHI – 110032 PETITIONER NO. 1
AND

DIGAMBAR (HUSBAND)
S/O NARESH PAL SINGH
R/O 500/22 GALI NO. 8,
BHIKAM SINGH COLONY,
VISHWAS NAGAR, SHAHDARA,
NEW DELHI – 110032 PETITIONER NO. 2

PETITION FOR DISSOLUTION OF MARRIAGE BY DECREE

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

MOST RESPECTFULLY SHOWETH:

1. It is respectfully submitted that the wedding of the Petitioner No. 1
i.e Anita with the Petitioner No. 2 i.e., Digambar, was held on
 11.12.2020 ( 11th December 2020) as per Hindu rites and customs.
The documents related to Identity Proofs of both the Petitioners,
Marriage Photographs and Marriage Card to prove factum of
marriage are annexed herewith and Marked as “ANNEXURE-
A1(colly)”.

2. That the status and place of residence of the parties to the marriage,
before the marriage and at the time of filing the present petition are
as follows:

Petitioner No. 1 / Wife’s status

Status Age Place of residence

Before B – 88, New Sanjay Amar

Hindu 26
the Colony, Vishwas Nagar,
Unmarried
marriage Shahdara, East Delhi – 110032

At the
B – 88, New Sanjay Amar
time of Hindu 26
Colony, Vishwas Nagar,
filing the Married
Shahdara, East Delhi – 110032
petition

Petitioner No. 2 / Husband’s status

Status Age Place of residence

500/22 Gali No. 8 Bhikam

Before
Hindu Singh Colony Vishwas Nagar,
the 30
unmarried Shahdara, New Delhi – 110032
Marriage

At the Hindu 30 500/22 Gali No. 8 Bhikam

time of married Singh Colony Vishwas Nagar,
 filing the
Shahdara, New Delhi – 110032
petition

3. It is respectfully submitted that the marriage was consummated

however no issue was born out of said wedlock.

4. It is respectfully submitted that that owing to some disputes and

personal problems, the relations between the Petitioner No.1 and the
Petitioner No.2 deteriorated to such an extent that they were not able
to cohabit together as husband and wife. Thereafter irreconcilable
differences arose between them due to which they are separated since
01.06.2022. Since then both the petitioners have been living
separately.

5. It is respectfully submitted that that there is no ongoing litigation

except a complaint pending before CAW Cell/ PS vide DD no. 655
dated 04.07.2022 at PS Farsh Bazar between the parties. It is further
submitted that despite the differences in sour marriage , the Petitioners
have expressed their willingness to settle the matter amicably.

6. It is respectfully submitted that that the parties with the intervention of

friends and family settled their disputes through a Memorandum of
Understanding dated 13.09.2023 wherein the Petitioners have sorted
out all their matrimonial and other claims against each other under
following terms:-
i. It is agreed between the parties that the payment of the settled
amount of 1,10,000/- (Indian Rupee One Lakh Ten Thousand
 Only) shall be paid by the Petitioner No.2 i.e., Husband to the
Petitioner No.1 i.e., the Wife in the following schedule.

ii. It is agreed that the Petitioner No.1 i.e., Husband shall pay Rs.
40,000/- (Indian Rupee Forty Thousand Only) to the Petitioner
No. 2 i.e., Wife at the time of recording statement in the First
Motion Petition under Section 13B(1) of the Hindu Marriage
Act, 1955.

iii. It is agreed that the Petitioner No.1 i.e., Husband shall pay Rs.
Rs. 35,000/- (Indian Rupee Thirty Five Thousand Only) to the
Petitioner No. 2 i.e., Wife After the withdrawal of the
Complaint pending before the PS. Farsh Bazar/CAW Cell.

iv. It is agreed that the Petitioner No.1 i.e., Husband shall pay Rs.
35,000/- (Indian Rupee Thirty Five Thousand Only) to the
Petitioner No. 2 i.e., Wife at the time of recording statement in
the Second Motion Petition under Section 13B(2) of the Hindu
Marriage Act, 1955

The true copy of the Memorandum of Understanding dated 13.09.2023 is

annexed herewith and marked as “ANNEXURE-B(COLLY)”.

7. It is respectfully submitted that the Petitioners amongst themselves

have sorted out all their matrimonial and other claims against each
other and have agreed and decided that they have no claim of any
nature against each other or their respective families on any account,
whatsoever except the terms and conditions mentioned in
 Memorandum of Understanding dated 13th September 2023. It is
pertinent to note that no claim whatsoever remains unsettled.

8. That the petitioners submit that they will not claim anything of any
kind, whatsoever, from each other.

9. That the mutual consent has not been obtained from any of the parties
by force, fraud, coercion or undue influence.

10.That the petition is not being presented in collusion.

11.That there has not been any previous proceedings pending between the
parties in respect of the matrimony.

12.That there is no legal impediment why relief sought for should not be
granted to the petitioners.

13.That the Petitioner no.1 is a resident of B – 88, New Sanjay Amar

Colony, Vishwas Nagar, Shahdara, East Delhi – 110032 within the
local limits of the jurisdiction of this court, and hence this Hon'ble
Court has jurisdiction to try and decide this petition. The parties
are living separately since 01.06.2022, i.e 1 Year and 3 months.

14.That the requisite court fee has been paid.

15.That there has not been any unnecessary or improper delay in filing
the present petition.
16.That there is no other legal impediment why the relief should be
granted.

17.That the proper Court Fees have been affixed on the petition as per the
provision of law.

PRAYER
It is therefore, respectfully prayed that the marriage between the parties
may kindly be dissolved by passing a decree of divorce by mutual
consent, in the interest of justice.
Any other relief which this Hon'ble Court deems fit and proper in the
facts and circumstances mentioned above in the petition may also be
granted.

Prayed accordingly.

FILED BY THE PETITIONERS THROUGH LD. COUNSEL

DATE: 13TH SEPTEMBER 2023 ANITA

PLACE: DELHI PETITIONER NO.1

THROUGH LD. COUNSEL

DATE: 13TH SEPTEMBER 2023 MANOJ KUMAR

PLACE: DELHI ADVOCATE
E. NO. D/3040/14
 MOB: 9560366776

DATE: 13TH SEPTEMBER 2023 DIGAMBAR

PLACE: DELHI PETITIONER NO.2

THROUGH LD. COUNSEL

DATE: 13TH SEPTEMBER 2023 GAURAV SINGH

PLACE: DELHI ADVOCATE
ENRL NO-D-8469/2021
7, PRIYA ENCLAVE,
DELHI-110092
Mobile No. 9958740033
E: gsingh288@gmail.com

VERIFICATION:
I, the above named Petitioner No.1 state on the solemn affirmation that
the contents of the para no 1 to 10 of the petition, are true to our
knowledge and para no 11 to 17 are believed to be true to our
information received. Last para is prayer to this Hon’ble court.

Verified at Delhi on this 13TH day of SEPTEMBER 2023

ANITA
 PETITIONER NO.1

VERIFICATION:
I, the above named Petitioner No.2 state on the solemn affirmation that
the contents of the para no 1 to 10 of the petition, are true to our
knowledge and para no 11 to 17 are believed to be true to our
information received. Last para is prayer to this Hon’ble court.

Verified at Delhi on this 13TH day of SEPTEMBER 2023

DIGAMBAR
PETITIONER NO.2
IN THE COURT OF HON’BLE PRINCIPLE JUDGE | FAMILY COURT
SHAHDARA DISTRICT | KARKARDOOMA COURT COMPLEX,
H.M.A PETITION NO. __________ OF 2023
( PETITION U/S 13-B(1) OF HINDU MARRIAGE ACT,1955)
IN THE MATTER OF

ANITA (WIFE) PETITIONER NO. 1

AND

DIGAMBAR (HUSBAND) PETITIONER NO. 2

AFFIDAVIT BY PETITIONER NO. 1 I.E., MS. ANITA (HEREIN

“WIFE”) AS PER GUIDELINES LAID DOWN IN “RAJAT
GUPTA VERSUS RUPALI GUPTA 2018 SCC OnLine Del 9005”

I, Anita W/o Sh. Digambar D/o Sh. Sukho Ram R/o B – 88, New Sanjay
Amar Colony, Vishwas Nagar, Shahdara, East Delhi – 110032 aged 26
years, hereby solemnly affirm and declare as under:-

1. That the deponent herein is petitioner No. 1 in the accompanied

petition and being well conversant with the facts and circumstances of
the case, the deponent is fully competent to swear to this affidavit.

2. That the deponent was married to petitioner No. 2 at Delhi on

11.12.2020 ( 11th December 2020) as per Hindu rites and ceremonies.

3. That the marriage was consummated but no child was born out of the
wedlock of the parties.
4. That the details mentioned in the accompanying petition, regarding the
age, status and place of residence of the deponent at the time of
marriage and at the time of institution of this petition, may be read as a
part of this affidavit for the sake of brevity.

5. That the parties herein lived together in Delhi owing to the

temperamental differences with the petitioner No. 2 and absolute
incompatibility between the two, they are living separately since
01.06.2022

6. That the parties could not live together and have been living separately
since the aforementioned date and there has been absolutely no
cohabitation between the parties ever since.

7. That owing to the failure of all efforts of both the parties at

reconciliation, the marriage between the parties has come to an
irretrievable breakdown.

8. That the parties have compromised all their disputes through a

Memorandum of Understanding dated 13.09.2023 and have decided to
seek divorce by mutual consent on the following terms:

a. It is agreed between the parties that the payment of the settled

amount of 1,10,000/- (Indian Rupee One Lakh Ten Thousand
Only) shall be paid by the Petitioner No.2 i.e., Husband to the
Petitioner No.1 i.e., the Wife in the following schedule.

b. It is agreed that the Petitioner No.1 i.e., Husband shall pay Rs.
40,000/- (Indian Rupee Forty Thousand Only) to the Petitioner
 No. 2 i.e., Wife at the time of recording statement in the First
Motion Petition under Section 13B(1) of the Hindu Marriage
Act, 1955.

c. It is agreed that the Petitioner No.1 i.e., Husband shall pay Rs.
Rs. 35,000/- (Indian Rupee Thirty Five Thousand Only) to the
Petitioner No. 2 i.e., Wife After the withdrawal of the
Complaint pending before the PS. Farsh Bazar/CAW Cell vide
no. 655 dated 04.07.2022.

d. It is agreed that the Petitioner No.1 i.e., Husband shall pay Rs.
35,000/- (Indian Rupee Thirty Five Thousand Only) to the
Petitioner No. 2 i.e., Wife at the time of recording statement in
the Second Motion Petition under Section 13B(2) of the Hindu
Marriage Act, 1955

e. It is further settled that on grant of decree of divorce by mutual

consent , the parties shall live their independent lives without
the involvement of each other and shall not have any claims of
any kind in future.

f. 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. The
parties shall be liable to be punished for the contempt of court.

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

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

11.That there has not been any unnecessary or improper delay in filing
this petition.

12.That there is no other legal ground, why the relief should not be
granted.

13.That the marriage between the parties was solemnized on 11.12.2020 (

11th December 2020) and the parties are living separately since
01.06.2022

14.That due the shortness of time the invitation card of the above
mentioned marriage could not be printed.

15.That I have read and understood the contents of the attached petition
under section 13B(1) of H.M.A,1956, which has been drafted by the
counsel under the expressed instructions of both the petitioners and
the facts stated therein are true and correct.

DEPONENT
VERIFICATION:-
Verified at Delhi on this day of 13th Day of September 2023 that the
contents of the above affidavit are true and correct to the best of my
knowledge, no part of it is false and nothing material has been concealed
therefrom.

DEPONENT
IN THE COURT OF HON’BLE PRINCIPLE JUDGE | FAMILY COURT
SHAHDARA DISTRICT | KARKARDOOMA COURT COMPLEX,
H.M.A PETITION NO. __________ OF 2023
( PETITION U/S 13-B(1) OF HINDU MARRIAGE ACT,1955)
IN THE MATTER OF

ANITA (WIFE) PETITIONER NO. 1

AND

DIGAMBAR (HUSBAND) PETITIONER NO. 2

AFFIDAVIT BY PETITIONER NO.2 I.E., MR. DIGAMBAR

(HEREIN “HUSBAND”) AS PER GUIDELINES LAID DOWN IN
“RAJAT GUPTA VERSUS RUPALI GUPTA 2018 SCC OnLine Del
9005”

I, Digambar S/o Naresh Pal Singh R/o 500/22 Gali No. 8, Bhikam Singh
Colony, Vishwas Nagar, Shahdara, New Delhi – 110032, Aged - 34
years, hereby solemnly affirm and declare as under:-

1. That the deponent herein is petitioner No. 2 in the accompanied

petition and being well conversant with the facts and circumstances of
the case, the deponent is fully competent to swear to this affidavit.

2. That the deponent was married to petitioner No. 1 at Delhi on

11.12.2020 ( 11th December 2020) as per Hindu rites and ceremonies.

3. That the marriage was consummated but no child was born out of the
wedlock of the parties.
4. That the details mentioned in the accompanying petition, regarding the
age, status and place of residence of the deponent at the time of
marriage and at the time of institution of this petition, may be read as a
part of this affidavit for the sake of brevity.

5. That the parties herein lived together in Delhi owing to the

temperamental differences with the Petitioner No. 1 and absolute
incompatibility between the two, they are living separately since
01.06.2022

6. That the parties could not live together and have been living separately
since the aforementioned date and there has been absolutely no
cohabitation between the parties ever since.

7. That owing to the failure of all efforts of both the parties at

reconciliation, the marriage between the parties has come to an
irretrievable breakdown.

8. That the parties have compromised all their disputes through a

Memorandum of Understanding dated 13.09.2023 and have decided to
seek divorce by mutual consent on the following terms:

a. It is agreed between the parties that the payment of the settled

amount of 1,10,000/- (Indian Rupee One Lakh Ten Thousand
Only) shall be paid by the Petitioner No.2 i.e., Husband to the
Petitioner No.1 i.e., the Wife in the following schedule.

b. It is agreed that the Petitioner No.1 i.e., Husband shall pay Rs.
40,000/- (Indian Rupee Forty Thousand Only) to the Petitioner
 No. 2 i.e., Wife at the time of recording statement in the First
Motion Petition under Section 13B(1) of the Hindu Marriage
Act, 1955.

c. It is agreed that the Petitioner No.1 i.e., Husband shall pay Rs.
Rs. 35,000/- (Indian Rupee Thirty Five Thousand Only) to the
Petitioner No. 2 i.e., Wife After the withdrawal of the
Complaint pending before the PS. Farsh Bazar/CAW Cell vide
no. 655 dated 04.07.2022.

d. It is agreed that the Petitioner No.1 i.e., Husband shall pay Rs.
35,000/- (Indian Rupee Thirty Five Thousand Only) to the
Petitioner No. 2 i.e., Wife at the time of recording statement in
the Second Motion Petition under Section 13B(2) of the Hindu
Marriage Act, 1955

e. It is further settled that on grant of decree of divorce by mutual

consent , the parties shall live their independent lives without
the involvement of each other and shall not have any claims of
any kind in future.

f. 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. The
parties shall be liable to be punished for the contempt of court.

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

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

11.That there has not been any unnecessary or improper delay in filing
this petition.

12.That there is no other legal ground, why the relief should not be
granted.

13.That the marriage between the parties was solemnized on 11.12.2020 (

11th December 2020) and the parties are living separately since
01.06.2022.

14.That due the shortness of time the invitation card of the above
mentioned marriage could not be printed.

15.That I have read and understood the contents of the attached petition
under section 13-B(1) of H.M.A,1956, which has been drafted by the
counsel under the expressed instructions of both the petitioners and
the facts stated therein are true and correct.

DEPONENT

VERIFICATION:-
Verified at Delhi on this day of 13th Day of September 2023 that the
contents of the above affidavit are true and correct to the best of my
knowledge, no part of it is false and nothing material has been concealed
therefrom.

DEPONENT
 IN THE COURT OF HON’BLE PRINCIPLE JUDGE | FAMILY COURT
SHAHDARA DISTRICT | KARKARDOOMA COURT COMPLEX,
H.M.A PETITION NO. __________ OF 2023
( PETITION U/S 13-B(1) OF HINDU MARRIAGE ACT,1955)
IN THE MATTER OF

ANITA (WIFE) PETITIONER NO. 1

AND

DIGAMBAR (HUSBAND) PETITIONER NO. 2

VAKALATNAMA
KNOW ALL to whom these presents shall come that I, Digambar S/o Naresh
Pal Singh R/o 500/22 Gali No. 8, Bhikam Singh Colony, Vishwas Nagar,
Shahdara, New Delhi – 110032, the Petitioner No.2 do hereby appoint

MR. GAURAV SINGH

(D8469/2021),
7, Priya Enclave, New Delhi – 110092.
Mobile – 09958740033
Email – gsingh288@gmail.com

to be my Advocate in the above noted case authorize them:-

1. To act, appear and plead in the above-noted case in this Family Court
or in any other Court in which the same may be tried or heard and also
in the appellate Court including High Court subject to payment of fees
separately for each Court by me/us.
2. To sign, file, verify and present pleadings, appeals, cross-objections or
petitions for executions review revision, withdrawal, compromise or
other petitions or affidavits or other documents as may be deemed
necessary or proper for the prosecution of the said case in all its stages
subject to payment of fees for each stage.
3. To file and take back documents, to admit and/or deny the documents
of opposite party.
4. To withdraw or compromise the said case or submit to arbitration any
differences or disputes that may arise touching or in any manner
relating to the said case.
5. To take execution proceedings.
6. To deposit, draw and receive monthly cheques, cash and grant receipts
thereof and to do all other acts and things which may be necessary to
be done for the progress and in the course of the prosecution of the
said case.
 7. To appoint and instruct any other Legal Practitioner authorising him to
exercise the power and authority hereby conferred upon the Advocate
whenever he may think fit to do so and to sign the power of attorney
on our behalf.
8. And I, the undersigned do hereby agree to rectify and confirm all acts
done by the Advocate or his substitute in the matter as my/our own
acts, as if done by me/us to all intents and proposes.
9. And I undertake that I or my duly authorized agent would appear in
Court on all hearings and will inform the Advocate for appearance
when the case is called;
10.And I, the undersigned do hereby agree not to hold the advocate or his
substitute responsible for the result of the said case.
11.The adjournment costs whenever ordered by the Court shall be of the
Advocate which he shall receive and retain for himself.
12.And I the undersigned to hereby agree that in the event of the whole
or part of the fee agreed by me/us to be paid to the advocate remaining
unpaid he shall be entitled to withdraw from the prosecution of the
said case until the same is paid up. The fee settled is only for the
above case and above Court.
13.I hereby agree that once fee is paid, I will not be entitled for the
refund of the same in any case whatsoever and if the case prolongs for
more than 3 years the original fee shall be paid again by me.

IN WITNESS WHEREOF I do here unto set my hand to these presents the

Vakalatnama.
I, Advocate Gaurav Singh (Enrolment No. D8469 / 2021) do hereby identify the
Petitioner No. 2 i.e., Digambar S/o Naresh Pal Singh R/o 500/22 Gali No. 8,
Bhikam Singh Colony, Vishwas Nagar, Shahdara, New Delhi – 110032 aged 30
the Plaintiff in the present Civil Suit and verify that the signatures of the
Petitioner No.2 i.e., Ms. Digambar to be true and were done in my presence.

Digambar (Petitioner No.2) Mr. Gaurav Singh, (Advocate)

S/o Naresh Pal Singh Enrol No. D8469/2021
R/o 500/22 Gali No. 8, Bhikam 7, Priya Enclave,
Singh Colony, Vishwas Nagar, New Delhi – 110092.
Shahdara, New Delhi – 110032 Mobile – 09958740033
Email – gsingh288@gmail.com