IN THE COURT OF HON’BLE DISTRICT JUDGE, DELHI

H.M.A.PETITION. NO OF 2011

IN THE MATTER OF:-

SH.RISHI KUMAR ..PETITIONER NO.1/HUSBAND

VERSUS

SMT.ANJU ... PETITIONER NO.2/ WIFE

INDEX

SL.No. PARTICULAR PAGE COURT FEE

1. MEMO OF PARTIES

2. PETITION U/SEC. (13) (B) (1)

OF THE HINDU MARRIAGE ACT,

3. AFFIDAVITS IN SUPPORT

4. LIST OF DOCUMENTS

5. VAKALATNAMA

PE T IT IO NE R NO. 1 P ET IT IO NER NO . 2

THROUGH THROUGH

COUNSEL COUNSEL
PLACE: DELHI.
DATED:
 IN THE COURT OF HON’BLE DISTRICT JUDGE, DELHI

HMA. PETITION. NO OF 2011

IN THE MATTER OF: -

SH.RISHI KUMAR ..PETITIONER NO.1/HUSBAND

VERSUS

SMT.ANJU ... PETITIONER NO.2/ WIFE

MEMO OF PARTIES

SH.RISHI KUMAR
S/O SH.B.L.KUMAR
R/O F-189, NEAR PRIMARY SCHOOL
LADO SARAI, NEW DELHI- …PETITIONER NO.1/HUSBAND

VERSUS

SMT.ANJU
W/O SH.RISHI KUMAR
D/O SH.SHYAM LAL
R/O BG-6/200-D,
PASCHIM VIHAR, NEW DELHI …PETITIONER NO.2/WIFE

FIRST MOTION

PE T IT IO NE R NO. 1 P ET IT IO NER NO . 2

THROUGH THROUGH
 COUNSEL COUNSEL
PLACE: DELHI.
DATED:

IN THE COURT OF HON’BLE DISTRICT JUDGE, DELHI

HMA PETITION. NO OF 2011

IN THE MATTER OF: -

SH.RISHI KUMAR
S/O SH.B.L.KUMAR
R/O F-189, NEAR PRIMARY SCHOOL
LADO SARAI, NEW DELHI …PETITIONER NO.1/HUSBAND

VERSUS

SMT.ANJU
W/O SH.RISHI KUMAR
D/O SH.SHYAM LAL
R/O BG-6/200-D,
PASCHIM VIHAR, NEW DELHI …PETITIONER NO.2/WIFE

PETITION U/SEC.(13-B) 1 OF THE HINDU

MARRIAGE ACT, FOR DISSOLUTION OF
MARRIAGE BY A DECREE OF DIVORCE BY
MUTUAL CONSENT.

FIRST MOTION

MOST RESPECTFULLY SHOWETH: -

1.
That marriage was solemnized between the parties

th

according to Hindu rites and ceremonies on 10 July

2008 at Arya Samaj Mandir, Burari, Delhi in presence

of friends and relatives. Affidavits of both the

petitioners in respect their marriage are filed

herewith.

2. That the age, status and residence of the parties,

before their marriage and at the time of filing the

present petition were/are as under:

PETITIONER/HUSBAND

AT THE TIME OF MARRIAGE:

STATUS AGE PLACE OF RESIDENCE

HINDU UNMARRIED 34 YEARS BG-6/200/D, PASCHIM
VIHAR, NEW DELHI

AT THE TIME OF FILING THE PETITION:

STATUS AGE PLACE OF RESIDENCE

HINDU MARRIED 37 YEARS AS PER TITLE

RESPONDENT/WIFE

AT THE TIME OF MARRIAGE:

STATUS AGE PLACE OF RESIDENCE

HINDU DIVORCEE 33 YEARS AS PER TITLE

AT THE TIME OF FILING THE PETITION:

STATUS AGE PLACE OF RESIDENCE

HINDU MARRIED 36 YEARS AS PER TITLE

3.
That the petitioner No.2 got divorce from her ex-

husband and she has one son namely Sagar Sharma

 (age 17 years) and one daughter namely Priya

Sharma (age 15 years) out of her first marriage and

presently both are in care and custody of petitioner

No.2.

4.
That after solemnizations of the marriage petitioner

No.1 and petitioner No.2 resided together as husband

and wife and marriage was duly consummated and no

issue was born out of this wedlock.

5.
That due to certain temperamental differences, both

the parties have decided to not to live together as

husband and wife inspite of the best efforts made by

 the relatives and common friends. Hence both are

living separately from each other since July 2010.

6.
That the parties to this petition have decided all their

disputes relating to this marriage and the

controversies in regard to dowry and istridhan

articles. Both the petitioners have also settled all

other disputes and now nothing remained to be

resolved. Since the petitioner No.2 has settled all her

claims in regard to maintenance, present past and

future as well as towards alimony to be settled on any

account between the petitioner no.1 and petitioner

 no.2, as there is no chance of reconciliation between

the parties.

7.
That the parties to this petition have decided to

dissolve their marriage by a decree of divorce by

mutual consent as the parties have not co-habited as

husband and wife after July 2010.

8. That due to intervention of common friends, relatives,

and well wishers the matter in dispute between both

the parties i.e. petitioner no.1 and petitioner no.2

have been settled permanently.

9. That the parties to this petition shall remain at liberty

to enjoy their lives in a manner of their choice and

shall also have every right to get marriage with a

person of their choice after having their marriage

dissolve by decree of divorce by mutual consent. Both

parties will not contact and disturb each other and

any of their relatives.

10.
That the parties to the petition have since resolve

their controversies and now nothing remains to be

resolved and even otherwise, all remedies have

already been exhausted for arriving at reconciliation

 stage and their re-union has become impossible and

all efforts since failed and parties had not lived as

husband and wife w.e.f. July 2010 as are living

separately and have now mutually decided their

marriage may kindly be dissolved by decree of

divorce by mutual consent.

11.
That there is no obstacle to grant relief in favour of

the petitioners seeking divorce with mutual consent.

12. That the consent of the parties as referred above has

not been obtained by pressure, force, fraud, or under

any influence whatsoever.

13. That the mutual consent has not been obtained by

force, fraud or undue influence.

14. That the both the parties to the petition have also

assured each other that both parties will not file in

future any case, claim against each other or against

any other of their family members in any court of law,

police station or in any other department.

15. That there has not been any previous proceeding of

the like nature with regard to the marriage in question

by or on behalf of the parties.

16. That there has not been any unnecessary and proper

delay in filling the present petition.

17.
That there is no other legal ground as to why the

relief claims should not be granted.

18.
That the petitioners submit that this Hon'ble Court

has jurisdiction to entertain this petition as the parties

lastly resided as husband and wife at Paschim Vihar,

New Delhi and still petitioner No.2 is residing within

the local limits of the ordinary original jurisdiction of

the Hon'ble Court.

PR AYER :-
It is, therefore, prayed that this Hon'ble Court may kindly

be pleased to dissolve the marriage between the

abovenamed petitioners by a decree of divorce by mutual

consent under section 13 (B)(1) of Hindu Marriage Act as

amended upto date in the interest of justice.

PETITIONER NO. 1 PETITIONER NO. 2

THROUGH THROUGH

COUNSEL
COUNSEL

VERIFICATION:-

We, the abovenamed petitioners do hereby states on

solemn affirmation that the contents of above petition from
paras No.1 to 9 of the petition are true to my knowledge
and belief and paras No.10 to 17 are believed to be true on
the information and legal advice received and believed to
be true. Last para is prayer to this Hon'ble Court.

Verified at Delhi on this day of 2011

PETITIONER NO.1 PETITIONER NO.2
 IN THE COURT OF HON’BLE DISTRICT JUDGE, DELHI

HMA. PETITION. NO OF 2011

IN THE MATTER OF: -

SH.RISHI KUMAR ..PETITIONER NO.1/HUSBAND

VERSUS

SMT.ANJU ... PETITIONER NO.2/ WIFE

AFFIDAVIT

AFFIDAVIT OF SH.RISHI KUMAR, S/O SH.B.L.KUMAR, R/O F-

189, NEAR PRIMARY SCHOOL, LADO SARAI, NEW DELHI

I, the above named deponent do hereby solemnly affirm

and declare as under:

1. That I am the petitioner no.1 in the abovenoted

petition and I am well conversant to the facts and

circumstances of the case, as such am fully

competent to swear the present affidavit.

2. That the contents of the present petition U/SEC.13 (B)

(1) of Hindu Marriage Act may kindly be read as part

and parcel of this affidavit and the same has not been

repeated for the sake of brevity and the present

petition has been drafted by my counsel under my

instructions and directions and the contents of the

 same has been explained and read over to me in my

vernacular language.

3. That I was married with the petitioner no.2 Smt.Anju

on 10.07.2008 at Arya Samaj Mandir, Burari, Delhi as

per according to Hindu rites, custom and ceremonies.

4. That there is no collusion between the deponent and

the petitioner No.2 in filing the abovenoted petition.

5. That there is no legal ground or impediments to why

the relief should not be granted to me, as prayed for.

6. That consent of the Deponent has not been taken by

force, fraud or coercion in any manner.

7. That there is no unnecessary delay in instituting the

abovenoted petition.

8. That the deponent and the petitioner no.2 are living

separately from each other since July 2010.

DEPONENT
V E R I F I C A T I O N: -
I, the abovenamed deponent do hereby solemnly affirms

and declare that the contents of the abovesaid affidavit

are true and correct to the best of my knowledge and

nothing material has been concealed therefrom.

Verified at Delhi on this day of 2011.

DEPONENT
 IN THE COURT OF HON’BLE DISTRICT JUDGE, DELHI

HMA. PETITION. NO OF 2011

IN THE MATTER OF: -

SH.RISHI KUMAR ..PETITIONER NO.1/HUSBAND

VERSUS

SMT.ANJU ... PETITIONER NO.2/ WIFE

AFFIDAVIT

AFFIDAVIT OF SMT.ANJU W/O SH.RISHI KUMAR, D/O

SH.SHYAM LAL, R/O BG-6/200-D, PASCHIM VIHAR, NEW

DELHI

I, the above named deponent do hereby solemnly affirm

and declare as under:

1. That I am the petitioner no.2 in the abovenoted

petition and I am well conversant to the facts and

circumstances of the case, as such am fully

competent to swear the present affidavit.

2. That the contents of the present petition U/SEC.13 (B)

(1) of Hindu Marriage Act may kindly be read as part

and parcel of this affidavit and the same has not been

repeated for the sake of brevity and the present

petition has been drafted by my counsel under my

instructions and directions and the contents of the

 same has been explained and read over to me in my

vernacular language.

3. That I was married with the petitioner no.1 Sh.Rishi

Kumar on 10.07.2008 at Arya Samaj Mandir, Burari,

Delhi as per according to Hindu rites, custom and

ceremonies.

4. That there is no collusion between the deponent and

the petitioner No.1 in filing the abovenoted petition.

5. That there is no legal ground or impediments to why

the relief should not be granted to me, as prayed for.

6. That consent of the Deponent has not been taken by

force, fraud or coercion in any manner.

7. That there is no unnecessary delay in instituting the

abovenoted petition.

8. That the deponent and the petitioner no.1 are living

separately from each other since July 2010.

DEPONENT
V E R I F I C A T I O N: -
I, the abovenamed deponent do hereby solemnly affirms

and declare that the contents of the abovesaid affidavit

are true and correct to the best of my knowledge and

nothing material has been concealed therefrom.

Verified at Delhi on this day of 2011

DEPONENT