Divorce On Mutual Consent

IN THE COURT OF HON’BLE DISTRICT JUDGE: DELHI:
H.M.A. NO. 2007
In the matter of
Shri Naveen Kumar Maheshwari ……... Petitioner No.1
AND
Smt. Sarita Devi ……... Petitioner No.2
INDEX
------------------------------------------------------------------------------------------------------------
SL. NO. PARTICULARS PAGES COURT FEE
------------------------------------------------------------------------------------------------------------
1. Memo of Parties.
2. Petition U/S 13-B (1)

of Hindu Marriage Act
for dissolution of marriage.
3. Affidavit of petitioners
in support of petition.
4. Copy of settlement/ pronote
5. Vakalatnama
------------------------------------------------------------------------------------------------------------
Delhi
Dated
Petitioners
Through
Harish Kumar Garg

Advocate
Kumar Complex
T-1433A/SF-2, Wazir Nagar
Kotla Mubarak Pur, New Delhi -3
H.M.A. NO. 2007
In the matter of
AND
MEMO OF PARTIES
Shri Naveen Kumar Maheshwari

S/o. Late Shri Ramesh Chand Sumani
R/o. K-21/11A, Gali No. 14, Gangotri Vihar,
Paschim Gohra, Delhi. ……... Petitioner No.1
AND
Smt. Sarita Devi

W/o. Shri Naveen Kumar Maheshwari
D/o. Shri Ramesh Kumar Maheshwari
R/o. House No. 10479, Manak Pura,
Karol Bagh, Delhi-5 ……... Petitioner No.2
Delhi
Dated
Through
Harish Kumar Garg
Advocate
Kumar Complex
IN THE COURT OF HON’BLE DISTRICT JUDGE: DELHI
H.M.A. NO. 2007

AND
Smt. Sarita Devi

PETITION FOR DISSOLUTION OF MARRIAGE BY DECREE OF DIVORCE

ON MUTUAL CONSENT UNDER SECTION 13-B (1) OF THE HINDU
MARRIAGE ACT 1955
RESPECTFULLY SHOWETH:-
1. That the marriage between the parties was solemnized on 02.02.2006 in accordance
with the Hindu rites and customs at Delhi. The affidavits duly attested are
annexed with this petition.
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.
HUSBAND
------------------------------------------------------------------------------------------------------------
STATUS AGE PLACE OF RESIDENCE
------------------------------------------------------------------------------------------------------------
Before Hindu
marriage Bachelor 24 Years K-21/11A, Gali No. 14,
Gangotri Vihar, Paschim
Gohra,
Delhi.
------------------------------------------------------------------------------------------------------------
At the time Hindu K-21/11A, Gali No. 14,
of this petition Married 25 Years Gangotri Vihar, Paschim Gohra
Delhi.
----------------------------------------------------------------------------------------------------------
WIFE
------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
1. Before Hindu H.No. 10479, Manak Pura
marriage virgin 21 years Karol Bagh, Delhi-5.
------------------------------------------------------------------------------------------------------------
2. At the time Hindu
of petition. married 22 Years H.No. 10479, Manak Pura,
Karol Bagh, Delhi-5.
3. That due this wedlock no child was born.
4. That due to the temperamental differences and behavior of the parties, they are
residing separately from each other from 10.04.2006 and since then there is no
cohabitation between them.
5. That all efforts made by the parties concerned and their family members and well
wishers have been failed, there is no chances between them to reunion the
matrimonial tie and they have decided to dissolve their marriage by decree of
mutual consent.
6. That all claims between the parties have been settled mutually in terms of the mutual
agreement entered between the parties on 30.08.2006. The contents of the said
agreement are not reproduced and it may be read as part and parcel to this
petition. The agreement is annexed with this petition as ANNEXURE `A`.
7. That all claims between the parties with respect of Istridhan, maintenance, past,
present and future, for permanent alimony, dowry articles etc. have already been
settled between the parties and in lieu of said settlement, the petitioner No.1 has
agreed to pay total sum of Rs.70,000/- (Rupees Seventy Thousand only) to the
petitioner No.2 in full and final settlement. Out of this amount, the petitioner no.
2 had already received a sum of Rs. 35000/- (Rupees Thirty Five Thousand only)
by draft mentioned in the above agreement in the women cell. The remaining
amount of Rs. 35000/- (Rupees Thirty Thousand Only) shall be paid by the
petitioner No. 1 to the petitioner no. 2 at the time of statement of the parties in the
second motion petition before the court by draft.
8. That on receipt of the said amount by the petitioner no. 2 from the petitioner no. 1,
nothing shall be due and payable by the petitioner no.1 to petitioner no. 2.
9. That the parties to this petition have mutually agreed that the there marriage should be
dissolved.
10. That the mutual consent has not been obtained by any force, fraud or undue influence.
11. That the petition is not presented in collusion.
12. That there is no other legal ground, why relief should not be granted.
13. That the marriage was solemnized at Delhi. The petitioners are residing at Delhi,
hence this Hon'ble court has jurisdiction to entertain the present petition.
Prayer
In view of above submissions the petitioners pray that the marriage
between them may kindly be dissolved by a decree of divorce on mutual consent
in the interest of justice.
Delhi
Dated Petitioner No. 1
Petitioner No. 2
Through
Harish Kumar Garg

Advocate
Kumar Complex
Verification :
We, Naveen Kumar Maheshwari and Sarita Devi, the above named petitioners state on
solemnly affirmation that paras of 1 to 11 of our petition are true and correct to our
knowledge and belief and paras 12 to 13 are true and correct on information received and
believed to be true and last para is prayer to this Hon'ble court.
Verified at Delhi on this _____ day of June, 2007.
Petitioner No. 1
Petitioner No. 2.

H.M.A. NO. 2007
In the matter of
AND
AFFIDAVIT
I, Naveen Kumar Maheshwari S/o. Late Shri Ramesh Chand Sumani , R/o. K-21/11A,
Gangotri Vihar, Paschim Gohra, Delhi, do hereby solemnly affirm and declare as under:
1. That I am the Petitioner No.1 in the accompanying petition under section 13-B (1) of
the Hindu Marriage Act and conversant with the facts and circumstances of the
case.
2. That I am Hindu by religion and I was married with the Petitioner No.2 on
02.02.2006 at Delhi, in accordance with the Hindu Rites and Customs.
3. That the accompanying petition has been drafted under my instruction, I have read
over the contents of the petition and found the same are true and correct. The
contents of the petition may be read as part and parcel to this affidavit being not
repeated for sake of brevity.
Deponent
Verification:
I Naveen Kumar Maheshwari, the above named petitioner do hereby on solemnly
affirmation do hereby verify that the contents of my above affidavit are true and correct
to my best knowledge and belief and nothing material has been conceded therefrom.
Verified at Delhi on this ____ day of June 2007.
Deponent

H.M.A. NO. 2007
In the matter of
AND
AFFIDAVIT
I, Sarita Devi W/o. Shri Naveen Kumar Maheshwari D/o. Shri Ramesh Kumar
Maheshwari, R/o. 10479, Manak Pura, Karol Bagh, Delhi-5, do hereby solemnly affirm
and declare as under:
1. That I am the Petitioner No.2 in the accompanying petition under section 13-B (1) of
the Hindu Marriage Act and conversant with the facts and circumstances of the
case.
2. That I am Hindu by religion and I was married with the petitioner No.1 on 02.02.2006
at Delhi, in accordance with the Hindu Rites and Customs.
3. That the accompanying petition has been drafted under my instruction, I have read
over the contents of the petition and found the same are true and correct. The
Deponent
Verification:
I, Sarita Devi, the above named petitioner no. 2 do hereby on solemnly affirmation do
hereby verify that the contents of my above affidavit are true and correct to my best
knowledge and belief and nothing material has been conceded therefrom.
Deponent

H.M.A. NO. 2007
In the matter of:
AND
APPLICATION UNDER SECTION 151 CPC FOR WAIVING OF PERIOD OF SIX

MONTHS OF THE PETITION.
MOST RESPECTFULLY SHOWETH:
1. That the petitioners have filed a petition for divorce on mutual consent. The
contents of the same are not repeated herein for the sake of brevity, which may be
read as part and parcel to this application.
2. That all the disputes between the parties with respect of Istridhan, maintenance
past, present and future, permanent alimony have been amicably settled in terms
of the mutual agreement dated 30.08.2006 and now there is no dispute left
between them to be decided.
3. That the parties to the petition are residing separately since 10.04.2006 and all
efforts for their reconciliation have been failed. Now there is no hope left
between them to reunion the matrimonial relations. More than 1 years have been
passed from their separation and each and every efforts made by the parties or
their family members and well wishers have totally failed.
4. That the parties now have decided to dissolve their marriage on mutual consent
without alleging or counter alleging any allegation against other.

5. That as the matter have amicably settled no hope left for reconciliation, as such no
useful purpose will be served by waiting for another period of six months for the
filing of the second motion petition.
Prayer
It is, therefore, most respectfully prayed that the Hon`ble Court may kindly be
pleased to allow the petitioners to file the second motion petition also without waiting for
the period of another six months. The period six months may kindly be waived keeping
in view the facts and circumstances of the case, in the interest of justice.
Delhi
Dated Petitioners
Through
Harish Kumar Garg

Advocate
Kumar Complex
H.M.A. NO. 2007
In the matter of:
AND
AFFIDAVIT
1.That I am the Petitioner No.2 in the accompanying petition under section 13-B (1) of
the Hindu Marriage Act and conversant with the facts and circumstances of the case.
2. That the accompanying application Under Section 151 of CPC for waiving the period
of six months has been drafted under my instruction, which has been read over by me.
The application is true and correct and it may be read as part of this affidavit.
Deponent
Verification:
I, Sarita, the above named Petitioner No. 2 do hereby on solemnly affirmation do hereby
verify that the contents of my above affidavit are true and correct to my knowledge and
belief.
Deponent
H.M.A. NO. 2007
In the matter of:
AND
AFFIDAVIT
1. That I am the Petitioner No.1 in the accompanying petition under section 13-B (1)
of the Hindu Marriage Act and conversant with the facts and circumstances of the
case.
2. That the accompanying application Under Section 151 of CPC for waiving the
period of six months has been drafted under my instruction, which has been read
over by me. The application is true and correct and it may be read as part of this
affidavit.
Deponent
Verification:
I, Naveen Kumar Maheshwari, the above named Petitioner No.1 do hereby on solemnly
to my knowledge and belief.
Deponent
IN THE COURT OF HON’BLE DISTRICT JUDGE: DELHI
H.M.A. NO. 2007

AND
Smt. Sarita Devi

PETITION FOR DISSOLUTION OF MARRIAGE BY DECREE OF DIVORCE

ON MUTUAL CONSENT UNDER SECTION 13-B (2) OF THE HINDU
MARRIAGE ACT 1955
RESPECTFULLY SHOWETH:-
1. That the marriage between the parties was solemnized on 02.02.2006 in
accordance with the Hindu rites and customs at Delhi. The affidavits duly attested
are annexed with this petition.
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.
HUSBAND
------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
Before Hindu
marriage Bachelor 24 Years K-21/11A, Gali No. 14,
Gangotri Vihar, Paschim
Gohra,
Delhi.
------------------------------------------------------------------------------------------------------------
At the time Hindu K-21/11A, Gali No. 14,
of this petition Married 25 Years Gangotri Vihar, Paschim Gohra
Delhi.
----------------------------------------------------------------------------------------------------------
WIFE
------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------
1. Before Hindu H.No. 10479, Manak Pura
marriage virgin 21 years Karol Bagh, Delhi-5.
------------------------------------------------------------------------------------------------------------
2. At the time Hindu
of petition. married 22 Years H.No. 10479, Manak Pura,
Karol Bagh, Delhi-5.
3. That due this wedlock no child was born.
4. That due to the temperamental differences and behavior of the parties, they are
residing separately from each other from 10.04.2006 and since then there is no
cohabitation between them.
5. That all efforts made by the parties concerned and their family members and well
wishers have been failed, there is no chances between them to reunion the
matrimonial tie and they have decided to dissolve their marriage by decree of
mutual consent.
6. That all claims between the parties have been settled mutually in terms of the
mutual agreement entered between the parties on 30.08.2006. The contents of
the said agreement are not reproduced and it may be read as part and parcel to this
petition. The agreement is annexed with this petition as ANNEXURE `A`.
7. That all claims between the parties with respect of Istridhan, maintenance, past,
present and future, for permanent alimony, dowry articles etc. have already been
settled between the parties and in lieu of said settlement, the petitioner No.1 has
agreed to pay total sum of Rs.70,000/- (Rupees Seventy Thousand only) to the
petitioner No.2 in full and final settlement. Out of this amount, the petitioner no.
2 had already received a sum of Rs. 35000/- (Rupees Thirty Five Thousand only)
by draft mentioned in the above agreement in the women cell. The remaining
amount of Rs. 35000/- (Rupees Thirty Thousand Only) shall be paid by the
petitioner No. 1 to the petitioner no. 2 at the time of statement of the parties in the
second motion petition before the court by draft.
8. That on receipt of the said amount by the petitioner no. 2 from the petitioner no.
1, nothing shall be due and payable by the petitioner no.1 to petitioner no. 2.
9. That the parties to this petition have mutually agreed that the there marriage
should be dissolved.
10. That the mutual consent has not been obtained by any force, fraud or undue
influence.
11. That the petition is not presented in collusion.
12. That there is no other legal ground, why relief should not be granted.
13. That the marriage was solemnized at Delhi. The petitioners are residing at Delhi,
hence this Hon'ble court has jurisdiction to entertain the present petition.
Prayer
In view of above submissions the petitioners pray that the marriage
between them may kindly be dissolved by a decree of divorce on mutual consent
in the interest of justice.
Delhi
Dated Petitioner No. 1
Petitioner No. 2
Through
Harish Kumar Garg

Advocate
Kumar Complex
Verification :
We, Naveen Kumar Maheshwari and Sarita Devi, the above named petitioners state on
solemnly affirmation that paras of 1 to 11 of our petition are true and correct to our
knowledge and belief and paras 12 to 13 are true and correct on information received and
believed to be true and last para is prayer to this Hon'ble court.
Petitioner No. 1
Petitioner No. 2.
H.M.A. NO. 2007
In the matter of
AND
AFFIDAVIT
case.
2. That I am Hindu by religion and I was married with the Petitioner No.2 on
3. That the accompanying petition for divorce has been drafted under my instruction,
I have read over the contents of the petition and found the same are true and
correct. The contents of the petition may be read as part and parcel to this
affidavit being not repeated for sake of brevity.
Deponent
Verification:
I Naveen Kumar Maheshwari, the above named petitioner do hereby on solemnly
to my best knowledge and belief and nothing material has been conceded therefrom.
Deponent
H.M.A. NO. 2007
In the matter of
AND
AFFIDAVIT
case.
2. That I am Hindu by religion and I was married with the petitioner No.1 on
3. That the accompanying petition has been drafted under my instruction, I have
read over the contents of the petition and found the same are true and correct. The
Deponent
Verification:
I, Sarita Devi, the above named petitioner no. 2 do hereby on solemnly affirmation do
hereby verify that the contents of my above affidavit are true and correct to my best
knowledge and belief and nothing material has been conceded therefrom.
Deponent
H.M.A. NO. 2007
In the matter of
AND
INDEX
------------------------------------------------------------------------------------------------------------
SL. NO. PARTICULARS PAGES COURT FEE
------------------------------------------------------------------------------------------------------------
1. Memo of Parties.
2. Petition U/S 13-B (2)

of Hindu Marriage Act
for dissolution of marriage.
3. Affidavit of petitioners
in support of petition.
4. Copy of settlement/ pronote
5. Vakalatnama
------------------------------------------------------------------------------------------------------------
Delhi
Dated
Petitioners
Through
Harish Kumar Garg

Advocate
Kumar Complex
H.M.A. NO. 2007
In the matter of
AND
MEMO OF PARTIES

AND
Smt. Sarita Devi

Delhi
Dated
Through
Harish Kumar Garg
Advocate
Kumar Complex

Divorce On Mutual Consent

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IN THE COURT OF HON’BLE DISTRICT JUDGE: DELHI:

H.M.A. NO. 2007

Shri Naveen Kumar Maheshwari ……... Petitioner No.1

Smt. Sarita Devi ……... Petitioner No.2

2. Petition U/S 13-B (1)

4. Copy of settlement/ pronote

Harish Kumar Garg

Shri Naveen Kumar Maheshwari ……... Petitioner No.1

Smt. Sarita Devi ……... Petitioner No.2

Shri Naveen Kumar Maheshwari

Smt. Sarita Devi

Shri Naveen Kumar Maheshwari

Smt. Sarita Devi

PETITION FOR DISSOLUTION OF MARRIAGE BY DECREE OF DIVORCE

annexed with this petition.

3. That due this wedlock no child was born.

cohabitation between them.

petition. The agreement is annexed with this petition as ANNEXURE `A`.

second motion petition before the court by draft.

11. That the petition is not presented in collusion.

In view of above submissions the petitioners pray that the marriage

between them may kindly be dissolved by a decree of divorce on mutual consent

in the interest of justice.

Dated Petitioner No. 1

Harish Kumar Garg

believed to be true and last para is prayer to this Hon'ble court.

Verified at Delhi on this _____ day of June, 2007.

IN THE COURT OF HON’BLE DISTRICT JUDGE: DELHI:

Shri Naveen Kumar Maheshwari ……... Petitioner No.1

Smt. Sarita Devi ……... Petitioner No.2

02.02.2006 at Delhi, in accordance with the Hindu Rites and Customs.

repeated for sake of brevity.

I Naveen Kumar Maheshwari, the above named petitioner do hereby on solemnly

Verified at Delhi on this ____ day of June 2007.

IN THE COURT OF HON’BLE DISTRICT JUDGE: DELHI:

Shri Naveen Kumar Maheshwari ……... Petitioner No.1

Smt. Sarita Devi ……... Petitioner No.2

and declare as under:

at Delhi, in accordance with the Hindu Rites and Customs.

repeated for sake of brevity.

Verified at Delhi on this ____ day of June 2007.

IN THE COURT OF HON’BLE DISTRICT JUDGE: DELHI:

Shri Naveen Kumar Maheshwari ……... Petitioner No.1

Smt. Sarita Devi ……... Petitioner No.2

APPLICATION UNDER SECTION 151 CPC FOR WAIVING OF PERIOD OF SIX

MOST RESPECTFULLY SHOWETH:

read as part and parcel to this application.

between them to be decided.

their family members and well wishers have totally failed.

without alleging or counter alleging any allegation against other.

filing of the second motion petition.

Harish Kumar Garg

In the matter of:

Shri Naveen Kumar Maheshwari ……... Petitioner No.1

Smt. Sarita Devi ……... Petitioner No.2

and declare as under:

Verified at Delhi on this _____ day of June, 2007.

In the matter of:

Shri Naveen Kumar Maheshwari ……... Petitioner No.1

Smt. Sarita Devi ……... Petitioner No.2

to my knowledge and belief.

Verified at Delhi on this _____ day of June, 2007.

Shri Naveen Kumar Maheshwari