BEFORE THE LEARNED PRINCIPAL JUDGE FAMILY COURT,

AT SAKET DISTRICT COURTS, DELHI

H.M.A. PETITION NO. ____ OF 2019

(First Motion of Divorce by mutual consent)

By and between:

MR. Sachin Gupta,

SON OF R C Gupta,

J 1/9B, Lower Ground Floor

Khirki Ext Malviya Nagar

Malviya Nagar S.O

South Delhi

Delhi-110017 ... PETITIONER NO. 1

AND

MS. Swati Vashishit,

D/O MR. Surendra kumar Sharma,

Resident of H. NO. 22086 Mahagun Mywoods,

Gaur City 2 Tower Hazel Sec 16C Greater Noida,

West Gautam Buddha Nagar,

UP- 201301 ... PETITIONER NO. 2

P.S.:

JOINT PETITION FOR DISSOLUTION OF MARRIAGE BY

A DECREE OF DIVORCE BY MUTUAL CONSENT UNDER
SECTION 13-B (1) OF THE HINDU MARRIAGE ACT, 1955
(ACT NO. 25 OF 2005) AS AMENDED UPTO DATE

PAPER BOOK
(For Index see inside) Filed at: Delhi

On: __.0_.2019
 BEFORE THE LEARNED PRINCIPAL JUDGE FAMILY COURT,

AT SAKET DISTRICT COURTS, DELHI

H.M.A. PETITION NO. ____ OF 2019

(First Motion of Divorce by mutual consent)

By and between:

MR. SACHIN GUPTA ... PETITIONER NO. 1

AND

MS. SWATI VASHISHIT ... PETITIONER NO. 2

P.S.: Malviya Nagar

INDEX
Sl. Particulars Page
No. No.
1. Memorandum of Parties A
2. Petition for Dissolution of Marriage by a Decree of 1 – 16
Divorce By Mutual Consent under section 13-B(1) of
Hindu Marriage Act, 1955 (Act No. 25 of 2005) as
amended up to date with supporting affidavits of
Petitioners
3. List of documents along with documents 17-
4. Vakalatnama of Petitioners

Petitioner no. 1 Petitioner no. 2

(Sh. Sachin Gupta) (Smt. Swati Vashishit)
Place: Delhi
Filed on: __.0_.2019
Through

NOTE:

Sr. No. Particulars

1. Duplicate copy of petition attached
2. No earlier petition of the same nature is pending as on date of filing of present
petition between the parties in any court of law

Petitioner no. 1 Petitioner no. 2

(Sh. Sachin Gupta) (Smt. Swati Vashishit)
 BEFORE THE LEARNED PRINCIPAL JUDGE FAMILY COURT,

AT SAKET DISTRICT COURTS, DELHI

H.M.A. PETITION NO. ____ OF 2019

(First Motion of Divorce by mutual consent)

By and between:

MR. Sachin Gupta ... PETITIONER NO. 1

AND

MS. Swati Vashishit ... PETITIONER NO. 2

MEMORANDUM OF PARTIES
By and between:

MR. SACHIN GUPTA,

SON OF R.C GUPTA,

J- 1/9B, LOWER GROUND FLOOR,

KHIRKI EXT. MALVIYA NAGAR S.O

SOUTH DELHI - 110017 ... PETITIONER NO. 1

AND

MS. SWATI VASHISHIT,

D/O MR. SURENDRA KUMAR SHARMA,

RESIDENT OF H. NO. 22086 MAHAGUN MYWOODS,

GAUR CITY 2 TOWER HAZEL SEC 16C GREATER NOIDA,

WEST GAUTAM BUDDHA NAGAR,

UP- 201301 ... PETITIONER NO. 2

PETITION FOR DISSOLUTION OF MARRIAGE

BY A DECREE OF DIVORCE BY MUTUAL
CONSENT UNDER SECTION 13-B (1) OF THE
HINDU MARRIAGE ACT, 1955 (ACT NO. 25 OF
2005) AS AMENDED UPTO DATE

Petitioner no. 1 Petitioner no. 2

(Sh. Sachin Gupta) (Smt. Swati Vashishit)

Place: Delhi
Filed on: __.0_.2019
BEFORE THE LEARNED PRINCIPAL JUDGE FAMILY COURT,

AT SAKET DISTRICT COURTS, DELHI

H.M.A. PETITION NO. ____ OF 2019

(First Motion of Divorce by mutual consent)

By and between:

MR. SACHIN GUPTA,

SON OF R.C GUPTA,

J- 1/9B, LOWER GROUND FLOOR,

KHIRKI EXT. MALVIYA NAGAR S.O

SOUTH DELHI - 110017 ... PETITIONER NO. 1

AND

MS. SWATI VASHISHIT,

D/O MR. SURENDRA KUMAR SHARMA,

RESIDENT OF H. NO. 22086 MAHAGUN MYWOODS,

GAUR CITY 2 TOWER HAZEL SEC 16C GREATER NOIDA,

WEST GAUTAM BUDDHA NAGAR,

UP- 201301 ... PETITIONER NO. 2

PETITION FOR DISSOLUTION OF

MARRIAGE BY A DECREE OF DIVORCE
BY MUTUAL CONSENT UNDER SECTION
13-B (1) OF THE HINDU MARRIAGE
ACT, 1955 (ACT NO. 25 OF 2005) AS
AMENDED UPTO DATE

MOST RESPECTFULLY SHOWETH:

1. Petitioner No. 1 is a permanent residents of Delhi and whereas

Petitioner No. 2 is presently residing at__________________ .

Marriage between the parties to the petition was solemnized

according to Hindu rites and ceremonies on 23/11/2010 at Agra

U.P. After marriage of the parties, both the petitioners resided

at parental house of petitioner no. 1 at Malviya Nagar Delhi.

Affidavits of both the petitioners in respect of factum of their

marriage are annexed herewith.

2. Respective age, status, place of residence of both the petitioners,

before their marriage and at the time of filing the present petition

were/are as under:

PETITIONER NO. 1/ HUSBAND

Time Status Age Place of Residence

Before Hindu 25 J 1/9B Lower Ground
floor Khirki Extension
Marriage Bachelor
Malviya Nagar, South
Delhi – 110017
At time of Hindu 34 J 1/9B Lower Ground
floor Khirki Extension
filing Married
Malviya Nagar, South
present Delhi - 110017.
petition

PETITIONER NO. 2/ WIFE

Time Status Age Place of Residence

Before Hindu 25
Marriage Bachelor _____________________
(Noida Address)

At time of Hindu 34 (Parental home address)

filing Married
present
 petition

3. Marriage between the parties was a love and inter-caste

marriage solemnized as per likings of families. After

solemnization of marriage, parties to the petition lived

together as husband and wife at residence of petitioner no.

1. Their marriage was duly consummated out of the said

wedlock a daughter name Kimaya Gupta was born on

26/11/2012.

4. That due to certain inter-caste differences and different

attitude towards life, there are many clashes and quarrels

have always been occurred between the parties hence, the

parties have not been able to live together as husband and

wife. Both the parties have been living separately from each

other since 06/02/2018. The revival of their relationship is

not possible in spite of the best efforts having been made by

the relatives and common friends of both the sides. All

the efforts of reconciliation have been done with the

intent to secure the present marriage but vehemently

failed. The marriage between the parties has already been

irretrievably broken down and is not feasible any more to

continue with the same. In these compelling

circumstances, the parties hereto have mutually agreed not

to live together as husband and wife and have decided to

part their ways by dissolving this marriage by a decree

of divorce by mutual consent.

5. That since more than a year parties are not talking to each

other much not having any physical gathering with each

other and also there has been a long continuing quarrel

between husband and wife between their distinct views with

 respect to ways of living life and worshiping God, their

different inter caste opinions have never been settled

between both the parties and thus it has ruined their

respective lives and this divorced is the only solution for

them to get relieved from this tragedy.

6. That the parties to this petition have already settled all their

issues regarding personal effects, gifts and articles

presented at or about the time of marriage, jewellery,

stridhan, maintenance-past, present and future and

permanent alimony. All the personal effects and jewellery

are already in possession of Petitioner No. 2. The Parties

have also settled all their claims with respect to the

maintenance past, present and future.

7. The Petitioner No. 2 seeks/demands no maintenance

from petitioner no.1. That the petitioner no. 1 & 2 have

mutually agreed on this term that no maintenance from

petitioner no.1 shall be granted to petitioner no.2 as

petitioner no.2 has already refused to accept/demand any

maintenance from petitioner no.1. As petition no. 2 is a

working woman and self competent and capable of taking

care of her livelihoods along with her daughter on her own.

Hence petition no. 2 needs no grant of maintenance from

petitioner no.1. That the consent of the petitioner no.2

(wife) with regard to ‘no maintenance’ has not been

obtained by way of pressure, force, fraud, or under any

influence whatsoever from any corner and the same is

devolved upon her freewill and her own choice.

8. It has further been agreed between the parties that the

custody of the daughter name Kimaya Gupta aged about 6

years begotten from this wedlock shall be under the custody

 of petitioner no.2 (Mother). That the petitioner No.2 takes

full responsibility of the childs education, livelihood and

other needs. That the petitioner No.2 works at HCL

(Hindustan Computers Limited) Technologies LTD. on

the designation of a Cloud Engineer and is entirely capable

of managing her livelihood and her daughters absolutely.

9. It has further been agreed by the child/daughter begotten

out of said wedlock that she wants to stay/live along with

petitioner no.2. That the daughter name Kimaya Gupta gives

her free consent to live under the custody of her mother

(petitioner no.2). That the consent of the daughter/child has

not been obtained by way of pressure, force, fraud, or

under any influence whatsoever from any corner and the

same is devolved upon her freewill/free consent.

10. It has further been agreed between the parties that

petitioner No.1 can only visit the child on the time and

occasions mentioned under the MOU (memorandum of

understanding) and petitioner No.2 shall have no objection

on that. That the petitioner No.1 shall be entitled to visit the

child on the occasions of birthdays and festivals as well in

accordance with the timelines mentioned as per the said

MOU (memorandum of understanding).

11. Further, it is been mutually agreed between the

parties to the present petition that none of the parties shall

make any endeavor to meet each other after getting a

decree to divorce by mutual consent qua any purpose.

12. That there is no chance of reconciliation between the

parties to this petition and they have mutually agreed that

their marriage be dissolved by a decree of divorce. Parties

 have been living separately for a period of more than 1 year

and 3 months.

13. That the Petition has not been presented in collusion with

each other.

14. That the consent of the parties has not been obtained by

way of pressure, force, fraud, or under any influence

whatsoever from any corner and the same is devolved

upon their freewill.

15. That there is no legal impediment to grant relief of

dissolution of marriage by a decree of divorce by mutual

consent.

16. That there has not been any unnecessary and improper

delay in filing the petition.

17. That the Petitioner No. 1/Husband and petitioner 2/wife last

resided together at Malviya Nagar Delhi within the ordinary

origina jurisdiction of this Hon’ble Court. Therefore, this

Hon’ble Court has the jurisdiction to entertain and decide

this petition.

18. That the necessary court fee has been affixed on the

petition.

19. That the Petitioners have not filed any similar petition in any

other Court, except the present one.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased
to dissolve the marriage between the Petitioner No. 1 and Petitioner No. 2 by a
decree of divorce by mutual consent.
 Any other relief which this Hon’ble Court deems fit and proper, in the facts and
circumstances of the case may also be granted.

Petitioner no. 1 Petitioner no. 2

(Sh. Sachin Gupta) (Smt. Swati Vashishit)

Place: Delhi
Filed on: __.0_.2019

VERIFICATION :

We, the above named petitioners namely Mr. Sachin Gupta, Son Of R.C Gupta And Ms.
Swati Vashishit, W/O Sh. Sachin Gupta, D/O Mr. Surendra Kumar Sharma, verify on
solemn affirmation that the contents of Paragraph No. 1 to 17 of above petition are true
and correct to our personal knowledge and contents of Paragraph number 1 to 17 the
same are based upon legal advice received and believed to be true and correct. We say
that nothing material has been concealed there from. Last Paragraph is prayer to
Hon’ble Court.

Signed and verified at New Delhi on this ___ of May 2019.

Petitioner no. 1 Petitioner no. 2

(Sh. Sachin Gupta) (Smt. Swat Vashishit)
BEFORE THE LEARNED PRINCIPAL JUDGE FAMILY COURT,

AT SAKET DISTRICT COURTS, DELHI

H.M.A. PETITION NO. ____ OF 2019

(First Motion of Divorce by mutual consent)

By and between:

MR. SACHIN GUPTA ... PETITIONER NO. 1

AND

MS. SWATI VASHISHIT ... PETITIONER NO. 2

AFFIDAVIT OF PETITIONER NO. 1

I, SACHIN GUPTA S/o Sh. R.C GUPTA, R/o J 1/9B Lower Ground floor
Khirki Extension Malviya Nagar, South Delhi – 110017 hereby solemnly
affirm and declare as under:-

I, above named do hereby solemnly affirm and declare as under:

1. I say that I am petitioner no. 1 in above noted petition and I am fully

Conversant with facts of the case and competent to swear this

affidavit.

2. I say that I am a Hindu by religion and governed by Hindu Law. I was

married to petitioner no. 2 on 23/11/2010 at Agra U.P according to

Hindu rites and ceremonies. Thereafter we last resided together as

husband and wife up to year 2018 at Delhi. Our marriage was duly

consummated and a daughter name Kimaya Gupta aged about 6 years

was born out of the said wedlock.

3. I say that I am residing separately form petitioner no. 2 since

06/02/2018 and there is no cohabitation between us from 06/02/2018

till filing of the present petition.

4. I say that I have consented for dissolution of marriage with petitioner

no. 1 voluntarily of my own accord, free will, violation, without any

 kind of pressure, inducement, undue influence, coercion, compulsion,

force or fraud.

5. I say that I have taken the decision to break our matrimonial ties with

consultation to my parents keeping in view our future, welfare and

better prospects.

6. I say that consent of either party has not been obtained by force,

fraud or undue influence.

7. I say that it is mutually agreed between the petitioners that the child

namely Kimaya Gupta shall remain under the custody of petitioner

no.2. The consent pertaining to this has been given by me without any

pressure, or fraud.

8. I say that there is no possibility of any reconciliation between the

parties and we cannot live together as husband and wife in future.

9. I say that the accompanying petition under section 13-B (1) of the

Hindu Marriage Act, 1955 for dissolution of marriage by a decree of

divorce by mutual consent has been drafted by our counsel(s), under

our instructions. The same is read and understood by me and after

fully understanding the same, I say that the contents of the petition

are true and correct to my personal knowledge and belief and the

same may kindly be treated as part and parcel of the present affidavit,

as the same are not repeated here for the sake of brevity.

10. I say that it has been agreed that none of us shall file, prefer,

lodge or institute or initiate any case or proceedings, criminal or civil of

any nature whatsoever, against each other or our respective family

members in any Court concerning and or relating to the marriage.

11. I say that we have not presented the petition in collusion with each

other. There is no other ground why the relief sought be not granted.

12. I say that there has not been any unnecessary and improper delay in

filing the petition.

13. I say that we have not filed any other similar petition in any other

Court.

14. I undertake that I shall be bound by the terms and conditions as set

out in the accompanying petition.

15. I say that the documents filed by me with the petition are true copies

of their respective originals.

DEPONENT
VERIFICATION:

Verified at Delhi on this ______ day of May 2019 that contents of

above affidavit are true and correct to my personal knowledge. No part of

it is false and nothing has been concealed there from.

DEPONENT
 BEFORE THE LEARNED PRINCIPAL JUDGE FAMILY COURT,

AT SAKET DISTRICT COURTS, DELHI

H.M.A. PETITION NO. ____ OF 2019

(First Motion of Divorce by mutual consent)

By and between:

MR. SACHIN GUPTA ... PETITIONER NO. 1

AND

MS. SWATI VASHISHIT ... PETITIONER NO. 2

AFFIDAVIT OF PETITIONER NO. 2

Affidavit of SWATI VASHISHIT Daughter of Sh. SURENDRA SHARMA Resident of_ H.

NO. 22086 MAHAGUN MYWOODS, GAUR CITY 2 TOWER HAZEL SEC 16C GREATER
NOIDA, WEST GAUTAM BUDDHA NAGAR, UP- 201301.

I, above named do hereby solemnly affirm and declare as under:

1. I say that I am petitioner no. 2 in above noted petition and I am fully

conversant with facts of the case and competent to swear this

affidavit.

2. I say that I am a Hindu by religion and governed by Hindu Law. I was

married to petitioner no. 1 on 23/11/10 at Agra U.P according to Hindu

rites and ceremonies. Thereafter we last resided together as husband

and wife up to the year 2019 at Delhi. Our marriage was duly

consummated and a daughter name Kimaya Gupta aged about 6 years

was born out of the said wedlock.

3. I say that I am residing separately form petitioner no. 1 since

06/02/2018 and there is no cohabitation between us from 06/02/2018

till filing of the present petition.

4. I say that I have consented for dissolution of marriage with petitioner

no. 1 voluntarily of my own accord, free will, violation, without any

kind of pressure, inducement, undue influence, coercion, compulsion,

force or fraud.

5. I say that I have taken the decision to break our matrimonial ties with

consultation to my parents keeping in view our future, welfare and

better prospects.

6. I say that consent of either party has not been obtained by force,

fraud or undue influence.

7. I say that there is no possibility of any reconciliation between the

parties and we cannot live together as husband and wife in future.

8. I say that the accompanying petition under section 13-B (1) of the

Hindu Marriage Act, 1955 for dissolution of marriage by a decree of

divorce by mutual consent has been drafted by our counsel(s), under

our instructions. The same is read and understood by me and after

fully understanding the same, I say that the contents of the petition

are true and correct to my personal knowledge and belief and the

same may kindly be treated as part and parcel of the present affidavit,

as the same are not repeated here for the sake of brevity.

9. I say that it has been agreed that none of us shall file, prefer, lodge or

institute or initiate any case or proceedings, criminal or civil of any

nature whatsoever, against each other or our respective family

members in any Court concerning and or relating to the marriage.

 10. I say that we have not presented the petition in collusion with each

other. There is no other ground why the relief sought be not granted.

11. I say that there has not been any unnecessary and improper delay in

filing the petition.

12. I say that we have not filed any other similar petition in any other

Court.

13. I undertake that I shall be bound by the terms and conditions as set

out in the accompanying petition.

14. I say that the documents filed by me with the petition are true copies

of their respective originals.

DEPONENT

VERIFICATION:

Verified at Delhi on this ______ day of May 2019 that contents of above affidavit are

true and correct to my personal knowledge. No part of it is false and nothing has been

concealed there from.

DEPONENT
BEFORE THE LEARNED PRINCIPAL JUDGE FAMILY COURT,

AT KARKARDOOMA DISTRICT COURTS, DELHI

H.M.A. PETITION NO. ____ OF 2019

(First Motion of Divorce by mutual consent)

By and between:

MR. SACHIN GUPTA ... PETITIONER NO. 1

AND

MS. SWATI VASHISHIT ... PETITIONER NO. 2

LIST OF DOCUMENTS

Sl. Particulars Page No.

No.

1. Original marriage photograph of petitioners

2. Copy of Address/ Date of Birth proof of

Petitioner No. 1
3. Copy of Address/ Date of Birth proof of
Petitioner No. 2
4. Original MOU (memorandum of understanding)
for child custody.

Petitioner no. 1 Petitioner no. 2

 (Sh. Sachin Gupta) (Smt. Swati Vashishit)

Place: Delhi
Filed on: __.0_.2019
Through

COUNSEL