IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,

DWARKA, NEW DELHI

HMA NO. _____ OF 2018

IN THE MATTER OF:

SMT. ANITA : PETITIONER NO.1

VERSUS

SH. SOURABH SHARMA : PETITIONER NO.2

INDEX

S.NO. PARTICULARS PAGES C.FEES

1. MEMO OF PARTIES.

2. PETITION U/S.13-B(1) OF HINDU

MARRIAGE ACT, 1955 ALONGWITH
AFFIDAVITS IN SUPPORT

3. LIST OF DOCUMENTS ALONGWITH

DOCUMENTS

4. VAKALATNAMA

NEW DELHI
DATED 17.04.2018

PETITIONER NO.1 PETITIONER NO.2

THROUGH THROUGH

(DAYA RAM BADALIA) (PANKAJ SHARMA)

ADVOCATE ADVOCATE
CHAMBER NO. 449,
LAWYER’S CHAMBER,
IV TH FLOOR, DISTT. COURT,
DWARKA, NEW DELHI-110075
Mob. No. 9891913252, 9711293317
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,
DWARKA, NEW DELHI
HMA NO._____ OF 2018

IN THE MATTER OF:

SMT. ANITA : PETITIONER NO.1

VERSUS

SH. SOURABH SHARMA : PETITIONER NO.2

MEMO OF PARTIES

SMT. ANITA
W/O SH. SOURABH SHARMA,
R/O LATE SH. VED PRAKASH,
R/O RZ-25/E, GALI NO. 17 A,
PRADHAN CHOWK, SADH NAGAR,
NEW DELHI-110045 : PETITIONER NO.1

AND

SH. SAURABH SHARMA

S/O SH. JUGAL KISHORE SHARMA
R/O D-13, PANCHSHEEL GARDEN
(NEAR SHANTI NURSING HOME),
NAVEEN SHAHDARA,
DELHI-110032. : PETITIONER NO.2

NEW DELHI
DATED 17.04.2018

PETITIONER NO.1 PETITIONER NO.2

THROUGH THROUGH

(DAYA RAM BADALIA) (PANKAJ SHARMA)

ADVOCATE ADVOCATE
CHAMBER NO. 449,
LAWYER’S CHAMBER,
IV TH FLOOR, DISTT. COURT,
DWARKA, NEW DELHI-110075
Mob. No. 9891913252, 9711293317
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,
DWARKA, NEW DELHI
H.M.A. NO._____ OF 2018

IN THE MATTER OF:

SMT. ANITA
W/O SH. SOURABH SHARMA,
R/O LATE SH. VED PRAKASH,
R/O RZ-25/E, GALI NO. 17 A,
PRADHAN CHOWK, SADH NAGAR,
NEW DELHI-110045 : PETITIONER NO.1

AND

SH. SAURABH SHARMA

S/O SH. JUGAL KISHORE SHARMA
R/O D-13, PANCHSHEEL GARDEN
(NEAR SHANTI NURSING HOME),
NAVEEN SHAHDARA,
DELHI-110032. : PETITIONER NO.2

P.S: PALAM VILLAGE

FIRST MOTION

PETITION U/S 13-B(1) OF HINDU MARRIAGE ACT, 1955 (AS

AMENDED UPTO DATE) FOR DISSOLUTION OF MARRIAGE,
BY WAY OF DECREE OF DEVORCE BY MUTUAL CONSENT

MOST RESPECTFULLY SHOWETH:

1. That the marriage between the petitioners was solemnized on

04.05.2009, at New Delhi, according to Hindu rites, customs

and ceremonies. Marriage photographs of the parties and

affidavits of the petitioners, duly attested, are filed herewith this

petition.

2. That the status, age and place of residence of the parties to this

petition at the time of marriage and at the time of filing the

present petition were/are as follows:

 AT THE TIME OF MARRIAGE

STATUS AGE PLACE OF

RESIDENCE
WIFE HINDU 28 YEARS RZ-25/E, GALI NO. 17
SPINSTER A, PRADHAN CHOWK,
SADH NAGAR,
NEW DELHI-110045
HUSBAND HINDU 29 YEARS D-13, PANCHSHEEL
BACHELOR GARDEN (NEAR
SHANTI NURSING
HOME), NAVEEN
SHAHADRA, DELHI-
110032.

AT THE TIME OF FILING THE PETITION

STATUS AGE PLACE OF

RESIDENCE
WIFE HINDU 36 YEARS RZ-25/E, GALI NO. 17
MARRIED A, PRADHAN CHOWK,
SADH NAGAR,
NEW DELHI-110045
HUSBAND HINDU 43 YEARS D-13, PANCHSHEEL
MARRIED GARDEN (NEAR
SHANTI NURSING
HOME), NAVEEN
SHAHADRA, DELHI-
110032.

3. That the petitioners to this petition were Hindu at the time of

marriage, after the solemnization of the marriage and till date

both are professing Hindu religion.

4. That after solemnization of the marriage, the petitioner No.1

was taken to her matrimonial house (rental) at D-13,

Panchsheel Garden (Near Shanti Nursing Home), Naveen

Shahadra, Delhi-110032, by the petitioner No.2 and his family

members, where the petitioners to this petition cohabited

 together as wife and husband and their marriage was duly

consummated but no child is born out of this wedlock.

5. That the petitioners lastly resided together as husband and wife

till February, 2015 and the petitioner No.1 has been living and

residing along with her parents at the address as mentioned

above and thereafter both of them did not live and cohabit

together as husband and wife.

6. That thereafter, in September, 2016, the petitioner No.1 filed a

complaint, against the petitioner No. 2 and his family members,

U/s.498-A/406/34 IPC before CAW Cell, Sector-9, Dwarka, New

Delhi, wherein both the petitioners were referred to Mediation

Centre, Dwarka Court, New Delhi for amicable settlement, if

any. Finally, both the petitioners entered into a amicable

settlement, on 15.11.2016, before the Mediation Centre,

Dwarka Court, New Delhi, according to which both the

petitioners agreed to dissolve their dispute and agreed to take

divorce by mutual consent.

7. That in pursuant of aforesaid agreement dated 15.11.2016,

both the petitioners filed a Petition U/s.13-B(1) HMA, 1955

before the this Hon’ble Court but the statements of the

petitioners could not be recorded because of non-production of

proof of residence by the petitioner No.2 and finally the Petition

U/s.13-B (1) HMA, 1955 was dismissed. Thereafter, the

petitioner No.1 filed a Petition U/s.13 (1) (ia) of HMA, 1955

which is pending consideration before this Hon'ble Court and is

fixed for 24.04.2018.

8. That the complaint filed by petitioner No. 1 to CAW Cell ,

Sector-9 Dwarka, New Delhi, has now culminated into

registration of FIR bearing No. 155/2017 U/S 498-A/406/34

IPC at P.S. Palam Village and tha case is under investigation.

9. That now on the persuasions of the respectable family members

and relatives of the petitioners and also of their counsels, the

petitioners, vide their Memorandum of Understanding (MOU)

dated 17.04.2018, have entered into an amicable settlement. A

copy of Memorandum of Understanding (MOU) dated

17.04.2018 is Annexed herewith this petitioner.

10. That it is agreed between both the petitioners that they will take

divorce by mutual consent. It is agreed between both the

petitioners that they have settled all their claims/disputes with

respect of their marriage including that of claim of Petitioner No.

1 regarding her dowry articles/istridhan, permanent alimony

and her maintenance (past, present and future) with the First

Party without any monetary consideration.

11. That it has been agreed between both the petitioners that the

First Motion Petition U/s.13-B(1) of HMA shall be filed jointly

before the Court concerned immediately after signing of

Memorandum of Understanding (MOU) dated 17.04.2018.

12. That it has been further agreed between both the petitioners

that the Second Motion Petition shall be filed jointly by them

before the Court concerned after a week of recording their

statements in the First Motion Petition with an application

 U/s.151 CPC for waiving off the statutory period between First

Motion and Second Motion Petitions.

13. That it has been further agreed between both the petitioners

that the Second Party/Petitioner No. 1 shall withdraw her

Divorce Petition which is pending before the Hon'ble Court of

Sh. B.R. Kedia, Principal Judge, Family Court, Dwarka, New

Delhi, at the time of recording their statements in the First

Motion Petition.

14. That it has been further agreed between both the petitioners

that after passing a decree of divorce between them by mutual

consent, the Second Party/Petitioner No. 1 shall appear before

Hon’ble High Court of Delhi at New Delhi for giving her no

objection in the petition filed by the First Party/Petitioner No. 2

before Hon'ble High Court of Delhi at New Delhi for quashing of

said FIR bearing No. 155/2017 U/S 498-A/406/34 IPC at P.S.

Palam Village.

15. That it has been agreed between both the petitioners that in

case any of the petitioners hereto does not abide by the terms

and conditions of Memorandum of Understanding (MOU) dated

17.04.2018 then other party shall be at liberty to take

appropriate action as per the law including that of Second

Party/Petitioner No. 1 to restore her Divorce Petition pending

before the Hon'ble Court of Sh. B.R. Kedia, Principal Judge,

Family Court, Dwarka, New Delhi.

16. That the said Memorandum of Understanding (MOU) dated

17.04.2018 executed between both the petitioners amicably and

 peacefully, without any undue influence, coercion, pressure,

fear and misrepresentation.

17. That it is agreed between both the petitioners that they shall not

file any case i.e. civil and criminal against each other in future.

18. That the petition is not presented in collusion between the

petitioners.

19. That there is no unnecessary or improper delay in filing the

present petition.

20. That there is no ground as to why the relief prayed should not

be granted.

21. That except as mentioned in this petition, there have not been

any previous proceedings between the parties to this petition.

22. That the marriage of the petitioners was solemnized as the

address of petitioner No.1 at Sadh Nagar, Palam, New Delhi -

110045 and also petitioner No.1 is presently residing with

her parental members at the address as mentioned in the title

of this case which is within the jurisdiction of this Hon’ble

Court. Hence, this Hon’ble Court has got the jurisdiction to

entertain and try the present petition and grant the relief

prayed.

23. That the requisite court fee has been affixed on the petition.
 PRAYER:

It is, therefore, most respectfully and humbly prayed

that this Hon’ble Court may graciously be pleased to allow

the present petition of the petitioners and pass a decree of

divorce by mutual consent, in the interest of Justice.

Any other and further relief(s)/order(s) which this

Hon’ble Court may deems fit and proper in the facts and

circumstances of the case may also be passed, in the interest

of justice.

NEW DELHI
DATED 17.04.2018

PETITIONER NO.1 PETITIONER NO.2

THROUGH THROUGH

(DAYA RAM BADALIA) (PANKAJ SHARMA)

ADVOCATE ADVOCATE
CHAMBER NO. 449,
LAWYER’S CHAMBER,
IV TH FLOOR, DISTT. COURT,
DWARKA, NEW DELHI-110075
Mob. No. 9891913252, 9711293317

VERIFICATION:

The Petitioners above named state on solemn affirmation

that paras 1 to 17 of this petition are true to the Petitioners
knowledge and the contents of paras 18 to 21 are true according to
the information received by the Petitioners and believed to be true.
Last para is the prayer to this Hon’ble Court.
Verified at New Delhi on this day of April, 2018.

PETITIONER NO.1 PETITIONER NO.2

 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,
DWARKA, NEW DELHI

HMA NO. _____ OF 2018

IN THE MATTER OF:

SMT. ANITA : PETITIONER NO.1

VERSUS

SH. SOURABH SHARMA : PETITIONER NO.2

AFFIDAVIT

I, Anita W/o Sh. Sourabh Sharma, R/o Sh. Ved Prakash, aged about

35 years, R/o RZ-25/E, Gali No. 17 A, Pradhan Chowk, Sadh Nagar,

New Delhi-110045, do hereby solemnly affirm and declare as

under:-

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

referred case and is well conversant with the facts of the case

as such competent to swear this affidavit.

2. That the marriage between the deponent and the petitioner

No.2 was solemnized on 04.05.2009 at New Delhi, according

to Hindu Rites, Customs and ceremonies in the presence of

friends of both the parties.

3. That the deponent and petitioner No.2 are residing separately

from each w.e.f. February, 2015 and there has been no

cohabitation between them since then.

4. That the accompanying petition under section 13-B (1) of

Hindu Marriage Act, 1955 (No.25 of 1955) as amended upto

date has been drafted under my instructions and the

contents of the same have been read over and explained to

 me and admitted by me to be true and correct and be read as

any integral part of this affidavit, as for the sake of brevity

they are not being repeated.

5. That the accompanying petition has not been presented in

Collusion with petitioner No.2.

DEPONENT

VERIFICATION:

I, the above named deponent, do hereby state on solemn that

the contents of my above affidavit are true and correct to my

knowledge and nothing material has been concealed there from.

Verified at Delhi, on day of April, 2018.

DEPONENT
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,
DWARKA, NEW DELHI
HMA NO. _____ OF 2018

IN THE MATTER OF:

SMT. ANITA : PETITIONER NO.1

VERSUS

SH. SOURABH SHARMA : PETITIONER NO.2

AFFIDAVIT

I, Saurabh Sharma S/o Sh. Jugal Kishore Sharma, aged about 37

years, R/o D-13, Panchsheel Garden (Near Shanti Nursing Home),

Naveen Shahdara, Delhi-110032, do hereby solemnly affirm and

declare as under:-

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

referred case and is well conversant with the facts of the case

as such competent to swear this affidavit.

2. That the marriage between the deponent and the petitioner

No.1 was solemnized on 04.05.2009 at New Delhi, according

to Hindu Rites, Customs and ceremonies in the presence of

friends of both the parties.

3. That the deponent and petitioner No.1 are residing separately

from each w.e.f. February, 2015 and there has been no

cohabitation between them since then.

4. That the accompanying petition under section 13-B (1) of

Hindu Marriage Act, 1955 (No.25 of 1955) as amended upto

date has been drafted under my instructions and the

contents of the same have been read over and explained to

 me and admitted by me to be true and correct and be read as

any integral part of this affidavit, as for the sake of brevity

they are not being repeated.

5. That the accompanying petition has not been presented in

Collusion with petitioner No.1.

DEPONENT

VERIFICATION:

I, the above named deponent, do hereby state on solemn that

the contents of my above affidavit are true and correct to my

knowledge and nothing material has been concealed there from.

Verified at Delhi, on day of April, 2018.

DEPONENT
 MEMORANDUM OF UNDERSTANDING/SETTLEMENT DEED

This Memo of Understanding (hereinafter referred to as “MOU”)

is made on 17th day of April, 2018, entered between Sh. Saurabh
Sharma S/o Sh. Jugal Kishore Sharma R/o D-13, Panchsheel Garden
(Near Shanti Nursing Home), Naveen Shahdara, Delhi-110032,
(hereinafter referred as First Party).

AND

Smt. Anita W/o Sh. Sourabh Sharma, R/o Sh. Ved Prakash, R/O RZ-
25/E, Gali No. 17A, Pradhan Chowk, Sadh Nagar, New Delhi-110045,
(hereinafter called as Second Party).

Whereas the marriage between the First Party and Second Party
was solemnized at New Delhi on 04.05.2009 as per Hindu Rites and
Ceremonies. After the marriage both the parties cohabited together as
husband and wife and their marriage was duly consummated.
However, out of this wedlock, no child is born out. Both the parties
lastly resided together as husband and wife till January, 2015 and
the Second Party has been living and residing along with her parents
at the address as mentioned above since February, 2015 and
thereafter both of them did not live and cohabit together as husband
and wife.

Whereas thereafter second party filed a complaint

U/s.498-A/406/34 IPC before CAW Cell, Sector-9, Dwarka, New
Delhi in September, 2016 wherein both the parties were referred to
Mediation Centre, Dwarka Court, New Delhi for amicable settlement,
if any. Finally both the parties entered into a amicable settlement on
15.11.2016 before the Mediation Centre, Dwarka Court, New Delhi,
according to which both the parties agreed to dissolve their dispute
and to take divorce by mutual consent.

Whereas in pursuant of aforesaid agreement dated 15.11.2016

both the parties filed a Petition U/s.13-B(1) HMA but the same could
not be possible because of non-production of proof of residence by the
First Party and finally the same was dismissed. Thereafter the Second
Party filed a Petition U/s.13(1) (ia) of HMA which is pending
consideration before the Hon'ble Court of Sh. B.R. Kedia, Principal
Judge, Family Court, Dwarka, New Delhi and is fixed for 24.04.2018.

Whereas the complaint filed by petitioner No. 1 to CAW Cell ,

Sector-9 Dwarka, New Delhi, has now culminated into registration of
FIR bearing No. 155/2017 U/S 498-A/406/34 IPC at P.S. Palam
Village and tha case is under investigation.

Whereas now due to intervention of respectable family members

and relatives of both the parties and also of their counsels, both the
parties have entered into an amicable settlement on the following
terms and conditions:-

1. That it is agreed between both the parties that they will take
divorce by mutual consent. It is agreed between both the
parties that they have settled all their claims/disputes with
respect of their marriage including that of claim of Second
Party regarding her dowry articles/istridhan, permanent
alimony and her maintenance (past, present and future) with
the First Party without any monetary consideration.

2. That it has been agreed between both the parties that the

First Motion Petition U/s.13-B(1) of HMA shall be filed jointly

before the Court concerned immediately after signing of

Memorandum of Understanding (MOU) dated 17.04.2018.

3. That it has been further agreed between both the parties the
Second Motion Petition shall be filed jointly by them before
the Court concerned after a week of recording their
statements in the First Motion Petition with an application
U/s.151 CPC for waiving of the statutory period between
First Motion and Second Motion Petitions.

4. It has been further agreed between both the parties that the
Second Party shall withdraw her Divorce Petition which is
pending before the Hon'ble Court of Sh. B.R. Kedia, Principal
Judge, Family Court, Dwarka, New Delhi at the time of
recording their statements in the First Motion Petition.
5. It has been further agreed between both the petitioners that
after passing a decree of divorce between them by mutual
consent, the Second Party/Petitioner No. 1 shall appear
before Hon’ble High Court of Delhi at New Delhi for giving
her no objection in the petition filed by the First
Party/Petitioner No. 2 before Hon'ble High Court of Delhi at
New Delhi for quashing of said FIR bearing No. 155/2017
U/S 498-A/406/34 IPC at P.S. Palam Village..

6. That it has been agreed between both the parties that in case
any of the parties hereto does not abide by the terms and
conditions of this MOU then the other party shall be at
liberty to take appropriate action as per the law including
that of Second Party to restore her Divorce Petition pending
before the Hon'ble Court of Sh. B.R. Kedia, Principal Judge,
Family Court, Dwarka, New Delhi.

7. That the said Memo of Understanding executed between both

the parties amicably and peacefully, without any undue
influence, coercion, pressure, fear and misrepresentation.

8. It is agreed between the parties that they shall not file any
case i.e. civil and criminal against each other in future.

9. That both the parties shall remains bound with the terms
and conditions as mentioned in the MOU/Settlement Deed
and both the parties shall not interfere in each other’s lives
after compliance of terms and conditions of this MOU/
Settlement.

10. That both the parties undertake voluntarily and peacefully to

abide by all the terms and conditions as mentioned in the
MOU/Settlement Deed and now there shall remain no more
dispute, differences, litigation, claim or counter claims
between both the parties by arriving at this MOU/Settlement
Deed and both the parties shall take necessary steps and
actions to implement this MOU/Settlement Deed in its letter
and spirit.
 IN WITNESS WHEREOF the parties hereto have set and
subscribed their respective hands and arrived at settlement at New
Delhi on the day, month and the year first hereinabove written, in
presence of the following witnesses:-

FIRST PARTY SECOND PARTY

WITNESSES : WITNESSES :

1. 1.

2. 2.