Mutual consent Divorce Petition (13B )

  1. BEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT TIS HAZARI, DELHI


    HMA PETITION No._______ OF 2021
    IN THE MATTER OF:


    Mr. Krishan kant gupta(Petitioner No.1)
    9/975, Green Street,
    Tis Hazari, Delhi

    Mrs. Meenakshi gupta(Petitioner No.2)
    17/756, samayera colony,
    Tis Hazari, Delhi (In her parents house)

    PETITION UNDER SECTION 13-B OF THE HMA FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT.

    MOST RESPECTFULLY SUBMITTED AS UNDER:-

    1. That the present petition is being preferred by the petitioners seeking dissolution of their marriage by mutual consent. The marriage between the parties was solemnized on 2-4-2015 at 8pm, by Hindu rites and ceremonies. The certificate issued by the Registrar of Marriages __________ and the joint affidavit of the petitioners is annexed with this petition.

That the status and place of residence of the parties at the time of marriage and at the time of filing of the present petition was/ is as under:

HUSBAND BEFORE MARRIAGE

Age – 26
Address – 9/975,Green Street, Tis Hazari, . . Delhi
Status – Unmarried

HUSBAND AFTER MARRIAGE

Age – 32
Address – 9/975, Green Street, Tis Hazari, . Delhi
Status – Married ( No children )

WIFE BEFORE MARRIAGE

Age – 21
Address – 17/756, Samayera Colony, Tis . . Hazari, Delhi
Status – Unmarried

WIFE AFTER MARRIAGE

Age – 26
Address – 17/756, samayera colony, Tis . . . Hazari, Delhi
Status – Married (No children)

3. That after solemnization of marriage, the petitioners lived together as husband and wife at 9/975, Green Street, Tis Hazari, Delhi. Unfortunately, after marriage, they both realized that there are serious differences in their attitude and living style, which created no compatibility. Consequently, both the parties to the petition parted their company from each other since 26-7-2019.

4. That the parties could not adjust with each other due to temperamental differences and their marriage has broken down irretrievably and it is now not possible between the parties to live as husband and wife anymore.

5. That there is no issue out of the wedlock of the parties. And both the petitioners have come upto a Memorandum of understanding which is annexed below.

6. That all the efforts of reconciliation between the parties to continue the present marriage have failed and there are no further chances of reconciliation between the parties anymore.

7. That the parties are residing separately since 26-4-2019 till now and there is no cohabitation between the parties since then.

8. That the parties have realized there is no chance to reconcile the differences on any matter, and have finally decided to part with by initiating proceedings seeking divorce by way of mutual consent and the present petition is not being filed in collusion.

9. That the parties have settled all their claims, counterclaims etc. As per stated in Memorandum of understanding.

10. That there are no other divorce proceedings pending before any other court.

11. That the matrimonial home of the parties was at Tis Hazari, Delhi hence this court has the jurisdiction to grant the decree of divorce as prayed for.

12. That there are no legal impediments in the grant of the decree of divorce to the parties on the basis of mutual consent.

This MEMORANDUM of UNDERSTANDING as follows:

1. Mutual Consent Divorce was agreed by both Parties.

2. That the first party will pay a sum of Rs. 30,00,000/- ( Thirty Lakhs only) to the first party in the form of Fixed Deposit towards final settlement to the second Party.

3. In the year ________ first Party purchased a Plot in the name of second Party which is worth around Rs. 20,00,000/- (Twenty Lakhs only) as per current market rate, same will be in second party name and said property papers will be handed over to second party.

4. The respondent wife has received her entire Stridhan, Permanent alimony, maintenance etc. and there is no due with regard to any other claim between the parties now.

5. The First party and Second party agreed to file the Mutual consent Divorce Petition before the Hon’ble Judge Family court at Delhi within one month of this MoU.

6. It is agreed that after the execution of the terms and conditions stated above there shall be no claim left between the parties against each other in any manner whatsoever.

7. The second party shall not raise any claim or right over the properties immovable or movable of the first party or his parents and relatives in future. She shall not file any other criminal or other complaint against the first party or his family members within the jurisdiction in India, or abroad.

8. That it is further agreed between both the parties that they would not have any communication or contact with each other, with each other’s friends, family members or relatives.

9. They shall not create any situation which may defame or lower the reputation of the parties or their family members in the society. It is further agreed that they shall not enter at each other’s workplaces as well.

10. Both the parties have executed this MoU by mutual consent and without any force, coercion, misrepresentation, pressure from any corner and after going through and understanding the contents of the same.

11. In Witness Whereof, the parties have signed this MoU on the day, month and year first above written in the presence of the following witnesses:–


Mr. Krishan kant gupta (First party)

Mrs. Meenakshi gupta (Second party)

Witnesses:- 
Reena gupta – mother of first party

Mukesh gupta – father of first part

Shekhar gupta – father of second party

Lekhir gupta – mother of second party



PRAYER

It is most respectfully prayed that the court may accept the present petition and grant a decree of divorce between the parties thereby, dissolving the marriage between the parties.
Any other order which the court may deem fit and proper in the facts and circumstances of the present case be also passed in favor of the petitioners.

Mr. Krishan kant gupta ( petitioner no. 1) and,
Mrs. Meenakshi gupta ( petitioner no. 2)


VERIFICATION:-

Verified that the contents of para nos. 1 to 8 are true and correct to my knowledge, I being acquainted with the facts of the case and the contents of para nos. 9 to 12 being legal submissions are believed to be true on the advice of counsel. No part of it is false and nothing relevant has been kept concealed therefrom.



Tis Hazari court, Delhi
DATED: 26-4-2021
Mr. Krishan kant gupta (Petitioner No. 1) and Mrs. Meenakshi gupta (Petitioner No. 2)

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