MUTUAL CONSENT EXTRA JUDICIAL DIVORCE BY WAY OF

KHULA NAMA/MUBARAT NAMA

This Deed of Divorce by way of Khula Nama/Mubarat Nama is made

and executed on 15th Day of May 2023 at: District – Pune

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 BETWEEN

MR. REHAN RAFIQ SHAIKH

Age: 34 years, Occupation: Service

Residing at: Building No. A – 4,

Flat No. 15, Brahma Angan,

Salunkhe Vihar Road, Pune – 48

Hereinafter referred to as “The Husband”

AND

MRS. SANA REHAN SHAIKH,

D/O. MR. JAN MOHAMMED SHAIKH,

Age: 33 years, Occupation: Service,

Residing at: C/O Mr. Jaan. M. Shaikh

867, Dastur Meher Road, Camp, Pune

Maharashtra – 411001

Hereinafter referred to as “The Wife”

WHEREAS husband and wife married on 15th Day of November 2015 at

Usmania Masjid, Pune as per Islamic law, rites, rituals, customs, etc.
that “Mahr” (Dower) amount of Rs. 11,000/- (Rupees Eleven Thousand
Only) was fixed, and the said amount of Dower has been paid to the
Madrassa by her mother in law on the instructions of Wife. That the
said marriage was an arranged marriage and the parties did not know
each other before marriage.

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 AND WHEREAS because of some other reasons it was not possible for
husband and wife to live together happy matrimonial life, because of
misunderstanding and difference of opinions, etc. and like and dislike
of both the parties which does not match, etc. Thus due to the
differences the both the parties started residing separately since 2016.

AND WHEREAS several times, respectable persons of society, relatives

of both side of husband and wife, so also with the help of the arbitrator,
duly appointed by each of the parties, etc. tried to settle the matter, but
it was in vain, and settlement was not possible.

AND WHEREAS out of the wedlock the parties have begotten a child
namely Master Ruhaan Rehan Shaikh born on 01st October 2016 which
is currently in the custody of the Wife.

AND WHEREAS that due to certain difference between the Husband

and Wife, there happened to be certain cases registered at the behest of
the Wife and the pending case details have been reproduced below for
convenience:

Case No. Act/Section Title

C.R. No. 379/2017, Section 498A, 323, 504, State of Maharashtra vs.
R.C.C. No. 1138/2017 506, 34 of Indian Penal Rehan Shaikh and others.
[Ld. Judicial Magistrate, Code.
Cantonment Court, Pune].
Petition. E. 148/2017 Section 125 of Code of Sana Rehan Shaikh vs.
[Hon’ble Family Court, Criminal Procedure. Rehan Shaikh.
Pune]
Cri. M. A. No. 103/2019 Section 12 of the Sana Rehan Shaikh vs.
[Ld. Judicial Magistrate, Protection of Women Rehan Shaikh and other.
Cantonment Court, Pune]. from Domestic Violence
Act, 2005.

AND WHEREAS after consultation with respective elders of wife and

husband, including father, brother, mother, as decided to accept by

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both to break the marriage by way of Khula Nama/Mubarat Nama, as
they are also in favor of divorce by way of Khula/Mubarat.

AND WHEREAS both the parties are confident and convinced that they
cannot live together in future with husband and enjoy happy
matrimonial life, and now it is better to break the matrimonial relation
between the parties as husband and wife, by way of Khula/Mubarat,
rather than to continue marriage as husband and wife.

AND WHEREAS both the parties have settled their matter amicably and
hence decided to withdraw all the cases instituted against each other.
Additionally as per the consent terms executed between the parties
before the Hon’ble High Court at Bombay in Criminal Writ Petition No.
16/2022, the Hon’ble High Court at Bombay was pleased to take on
record the consent terms arrived between the parties and hence
quashed the proceedings pending on the file of the Hon’ble Ld.
Magistrate, Cantonment Court arising out Crime No. 379/2017
registered with Kondhwa Police Station, Pune.

AND WHEREAS both the parties in compliance of the consent terms

also withdrawn the proceedings on 11th May 2023 under “The Protection
of Women from Domestic Violence Act, 2005” pending on the file on the
Ld. Magistrate, Cantonment Court, Pune vide. Cri. M.A. No. 103/2019.

AND WHEREAS both the parties in compliance of the consent terms

also today have withdrawn the proceedings viz. 15th May 2023 under
“Section 125 of Code of Criminal Procedure” pending on the file on the
Hon’ble Family Court Judge, Pune vide. Petition. E. 148/2017.

NOW THIS DEED OF EXTRA JUDICIAL DIVORCE BY WAY OF

KHULA/MUBARAT WITNESSES AND IT IS AGREED BY AND
BETWEEN THE PARTIES AS FOLLOWS: -

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1. DISSOLUTION: That the marriage between husband and wife, dated
15th Day of November 2015, solemnized is hereby dissolved by way of
Khula/Mubarat.

2. PRONOUNCEMENT AND ACCEPTANCE: That husband has

pronounced the following word in presence of Wife and also in presence
of following witnesses and other respectable persons of society as
follows:-

I, Rehan Rafiq Shaikh give Divorce (Talaaq) to Sana at once, as

agreed by both.

That I Sana accept the Divorce (Talaq) by way of Khula.

3. BREAKING RELATION OF MARRIAGE: That in all respect and for all

purpose marriage between husband and wife is hereby dissolved, by
Khula/Mubarat, and hence forth relation between both the parties as
husband and wife comes to an end in all respect and for all purposes,
and they are no more husband and wife.

4. NEXT MARRIAGE: That husband and/or wife are at liberty to make

next second marriage as per their (his or her respective) own wishes,
respective choice, if any of them so they/any one of them so desire, for
which consent/permission of other parties is not necessary, both the
parties are at liberty to make next marriage with any person as per their
own respective choice, in accordance with law.

5. CHANGE OF NAME: That henceforth the name of wife shall be MISS.

SANA JAN MOHAMMED SHAIKH.

6. CUSTODY: That the permanent custody of the minor son will forever
remain with the Wife and the Husband would be having visitation rights
once a month as agreed between the parties.

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7. ONE TIME SETTLEMENT AMOUNT AND RETURN OF STRIDHAN
AND MISCELLANEOUS TERMS:

a. The Husband will pay a lump sum amount of Rs. 16, 00, 000/-
[Sixteen Lakh Rupees Only] as a one-time permanent settlement
amount towards lifetime alimony/maintenance to Wife - Mrs. Sana
Rehan Shaikh alias Sana Jan Mohammed Shaikh and lifetime expenses
for the son Master. Mohd. Ruhaan Rehan Shaikh including expenses of
his education, maintenance, etc.

b. That the Husband is ready and willing to pay lump sum

alimony/future compensation/onetime permanent settlement amount
to the Wife i.e. total amount of Rs. 15, 00, 000/- (Fifteen Lakh Rupees
Only) in the form of Demand Draft drawn and executed in the favor of
Wife vide. DD. No. 688571 [Kotak Mahindra Bank] in the name of
Shaikh Sana Jan Mohammed.

c. That the Demand Draft would be submitted/deposited have been

handed over to Wife today viz. 15th May 2023. That as agreed between
the parties the Husband has already provided/given a cash amount of
Rs. 1, 00, 000/- (One Lakh Rupees Only) to Wife on 27th April 2023.

d. On receipt of the amount by the Wife, shall cease to have any

interest in any proceedings initiated at her instance including the
present petition for quashing of the criminal proceedings pending before
the Hon’ble High Court at Judicature of Bombay vide. Criminal Writ
Petition No. 16/2022 arising out of C.R. No. 379/2017 and the
proceedings pending on the file of the Ld. Magistrate of Cantonment
Court, Pune vide. R.C.C. No. 1138/2017 and mentioned afore said of
this Khula Nama. That the Wife would withdraw all the matters
mentioned in the aforesaid Khula Nama/Mubarat Nama after receipt of
the one-time settlement amount.

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 e. That the Husband have already returned all the stridhan of Wife
including gold ornaments provided/gifted to the Wife by her parents
and family members. That the Husband have returned all the
documents in his possession to the wife.
f. The Husband as agreed shall pay the Iddat amount of
Rs. 10, 000/- [Ten Thousand Rupees Only] to the Wife in view of the
extra judicial divorce [Khulanama/Mubaratnama] executed between
both the parties.
g. It has been empathetically agreed by and between the Husband
and Wife in view of the foregoing one-time settlement, there shall remain
no dispute or difference whatsoever between the parties and there shall
not remain any past, present or future claims [Civil or Criminal] of
whatsoever nature by both of them against each other in view of this
full and final settlement.

8. DUPLICATE: That this deed of divorce by way of ‘Khula/Mubarat’ is

made in two copies and each party is having original one duly stamped
and signed by all the parties.

9. NO REMEDY: That henceforth no party shall have any right, to move,

go, knock the door of any police station, court, Samaj, Jamat,
Panchayat, Baithak, Mahila Mandal, Sangharsh Committee, or any
other organization by whatever name called as total matter between
husband and wife is settled in above terms and no party is having any
complaint, grievances, claim, maintenances, etc. against each other is
discharged and both the parties shall be at liberty to live their respective
life as per their/his/ her own choice with or without the further
marriage and both parties undertakes that nobody would interfere
directly or indirectly in future life of each other and both the parties
shall live in peace.

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10. PROPERTY: That henceforth in future wife and husband shall not have
any right interest and title in any movable or non-movable
assets/properties of in each other, in other words, no party shall have
any claim over property of other side (s). That total property of husband
shall remain as property of husband, and property of wife shall remain
as property of wife only, without claim of other party of whatsoever
nature.

11. EXPLANATION: The contents of this Deed of Divorce read over and
explained to both the parties in their mother language in presence of
following witnesses and other person they understand the same, and in
witness whereof parties have set their respective hands on the place and
date mentioned hereinabove.

12. FUTURE LIFE IN PEACE: That it is specifically agreed between both

the parties that henceforth no party shall directly or indirectly interfere
in the life and day today activities of each other, and let both the parties
live in peace for all respective matters, without disturbance of other and
both the parties shall live their respective life in way of as per own
wishes, without causing trouble to each other, including against each
other like pass event, back talks, etc.

13. NO CLAIM OF WIFE AND HUSBAND: That henceforth wife and

husband shall not be entitled to file any complaint, application, case,
petition, or any other proceedings under any law against each other or
their relatives or any person concerned with the family, directly or
indirectly including under any provisions under any other law, etc.

14. ADMINISTRATIVE WORK: That if any other documents is required in

future, for any legal purpose then in that event both the parties shall
co-operate to each other, for effective and endorsing of the present extra
judicial divorce, and also for other purpose like rationing card,
administrative, legal, religious, etc.
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IN WITNESSES WHEREOF PARTIES HAVE SET, THEIR RESPECTIVE
HANDS ON THE PLACE AND DATE MENTIONED HEREINBELOW.

MR. REHAN RAFIQ SHAIKH

“HUSBAND”
Photograph LHTI and Signature

MISS. SANA JAN MOHAMMED SHAIKH

“WIFE”
Photograph LHTI and Signature

Witnesses Signatures

1.

Name: ___________________________

Address: ___________________________

___________________________

Mobile No: ___________________

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2.

Name: ___________________________

Address: ___________________________

___________________________

Mobile No: ___________________

****END****

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