: IN THE HONOURABLE COURT OF JUDGE FAMILY COURT

AT VISAKHAPATNAM

F.C.O.P /2019
Between:

1. Dr. T.Aravind,
2. Dr. Jyothirmayee Lala
… Petitioners
And
Nil … Respondent

AFFIDAVIT FILED UNDER ORDER 19 RULE 1 OF C.P.C R/W SECTION 26(2) OF

C.P.C.

I, I, Dr. Jyothirmayee Lala, W/o T.Aravind, D/o Lala Sivanarayana Das,

Hindu, aged about 35 years, Dental Doctor, residing at D.No.51-08-43, GF-2, Sai
Kunj Apartment, KRM Colony, Seethammadhara, Visakhapatnam-530013,, do
solemnly affirm and state as follows, do solemnly affirm and state as follows:

1. I am the deponent herein and second petitioner in the above matter and as
such I am well acquainted with the facts of the case.

2. It is respectfully submitted that the above case has been filed u/s.13B of
HM Act for divorce under mutual consent. I require the assistance of an
advocate to pursue my case.

3. Myself and the second petitioner are Hindus by religion. Our marriage was
performed on 22.03.2014 as per the Hindu caste custom and law at palm
beach, Visakhapatnam. It is respectfully submitted that Second petitioner
approached the court and filed DVC being DVC.No. 4 /2015 on the file of
Hon’ble IV Additional Chief Metropolitan Magistrate Court, Visakhapatnam
seeking maintenance and other reliefs. Interim order was granted
U/S.23(2) of the DVC Act vide Crl.M.P.No.3608 /2016 in DVC. Aggrieved by
the said order I preferred an appeal in Crl.A.No. 14 /2018 on the file of
Hon’ble VI Additional District & Sessions Judge Court, Visakhapatnam. I
filed F.C.O.P.No. 92 /2019 on the file of Hon’ble Family Court, Tirupati
against the Second petitioner for grant of Divorce. The Second petitioner
approached the Hon’ble High Court of A.P. for transfer of F.C.O.P.No. 92 /
2019 from Tirupati to Visakhapatnam. All these cases are pending. While so,
at the intervention of elders, we have arrived at a compromise and decided
to settle their dispute amicably. we have decided that they could not live
together as wife and husband due to their indifferences. Hence, we have
decided to dissolve our marriage which was performed on 22-3-2014. In this
regard we have entered into an agreement. The terms are that (1) both
petitioners have decided to take Divorce by mutual consent and to dissolve
their marriage celebrated on 22-3-2014 at Palm Beach Hotel,
Visakhapatnam by filing a petition before Hon’ble Judge of Family Court,
Visakhapatnam under Sec.13B of Hindu Marriage Act. (2) The First
petitioner has agreed to pay a sum of Rs.9,50,000/-(Rupees
Nine Lakhs Fifty thousand only) to the Second petitioner towards
 herPermanent alimony by way of Demand Draft in the name of Second
petitioner in any Nationalised Bank while disposing of the O.P. which will be
filed under Sec.13B of Hindu Marriage Act by both parties. (3) The Second
petitioner has agreed to receive the said amount of Rs.9,50,000/- (Rupees
Nine Lakhs Fifty thousand only) from the First petitioner towards her
Permanent alimony and she agreed to relinquish her right of maintenance of
past, present and future and she agreed that she should not make any
further claim against the First Party for any purpose like future
maintenance, recovery of gold jewels, silver, silk sarees and household
articles etc., (4) The Second petitioner has agreed to not press or withdraw
her D.V.C. case in D.V.C.No. 4 /2015 and enforcement petitions in
Crl.M.P.No. 3608 /2016 pending on the file of IV Additional
ChiefMetropolitan Magistrate, Visakhapatnam after receiving the
saidpermanent alimony and after grant of Divorce under Sec.13B of Hindu
Marriage Act.5. (5) The Second petitioner has agreed to file ‘no objection
memo’ in Criminal Appeal Crl.A.No. 14 /2018 pending on the file of VI
Additional District Judge, Visakhapatnam to dispose off by recording the
compromise of the petitioners. The Second petitioner has agreed that she
should not enforce the interim maintenance Order granted in her favour in
Crl.M.P.No. 3608 /2016 in D.V.C.No. 4 /2015 on the file of IV Additional
Chief Metropolitan Magistrate, Visakhapatnam in future.

4. The First Petitioner has agreed to withdraw the O.P.No. 92 /2019 filed by
him against the Second petitioner on the file of Family Court, Tirupati
and the Second Petitioner has agreed to withdraw the Transfer petition in
TRCMP No.113/2019 filed by Second petitioner on the file Hon’ble A.P.High
Court, Amaravathi after grant of Divorce under Sec.13B of Hindu Marriage
Act. Both the First and Second petitioners agreed that they should not
have any right in the estate of each other and each of them should not
interfere with other’s life and they agreed that they should not have any
right in the estate of each other and each of them should not interfere
with other’s life. It is also agreed by both parties that neither party will
institute or file any civil or criminal cases against on each other and their
family members in relation to their matrimonial dispute and properties in
future after granting the divorce.

5. It is respectfully submitted that as per the terms of the compromise we

have decided to dissolve the marriage dated 22-3-2014 by decree of divorce
under mutual consent.

I, therefore, pray that the Honourable Court may be pleased to grant

decree of divorce under section 13B of HM Act by dissolving our marriage dated
22.03.2014 as otherwise I suffer irreparable loss and hardship.

DEPONENT
Solemnly affirmed and signed before me on this day of _________ 2019 at
Visakhapatnam

ADVOCATE
 IN THE HONOURABLE COURT OF
JUDGE FAMILY COURT
AT VISAKHAPATNAM

F.C.O.P /2019

AFFIDAVIT FILED UNDER ORDER

19 RULE 1 OF C.P.C. R/W SEC.26(2)
OF C.P.C

FILED ON:
FILED BY:
V. SARAVANNA
V. NAGARAJA REDDY
ADVOCATES
Mobile: 9440641355
9885222634