IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,

DWARKA, NEW DELHI

H.M.A. PETITION NO.____ OF 2021

IN THE MATTER OF:

SH. HANUMANT SINGH …PETITIONER NO.1

Vs

SMT. NEELIMA NEGI …PETITIONER NO.2

INDEX

SL.NO. PARTICULARS PAGES

1. MEMO OF PARTIES

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

MARRIAGE ACT, 1955 ALONG WITH
AFFIDAVITS OF THE PETITIONER NO.1
AND 2
3 LIST OF DOCUMENTS ALONG WITH
DOCUMENTS
4. VAKALATNAMA

NEW DELHI:
DATED:
FILED BY:

(RISHABH KUMAR) (MANOJ KUMAR YADAV)

(ADVOCATE)D/2409/18 (ADVOCATE)
CHAMBER NO.803, ENRL. NO.D-2301/2005
DWARKA COURTS, CH.NO.427, DWARKA COURTS
NEW DELHI-75 NEW DELHI-75
M-7982337496 M-9811273435
adv.rishabh31@gmail.com theraonlf@gmail.com
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,

DWARKA, NEW DELHI

H.M.A. PETITION NO.____ OF 2021

IN THE MATTER OF:

SH. HANUMANT SINGH …PETITIONER NO.1

Vs

SMT. NEELIMA NEGI …PETITIONER NO.2

MEMO OF PARTIES

SHRI HANUMANT SINGH (Age-38 Years)

S/0 SHRI MOHAN SINGH
R/O L-2-B-39, Mohan GARDEN,
Near Raghubir Singh Modern School
Uttam Nagar,
New Delhi-110059
MOB-8802244455 …PETITIONER NO.1

VERSUS

SMT. NEELIMA NEGI (Age-30 Years)

W/0 SHRI HANUMANT SINGH
D/0 SHRI RAMESH NEGI
R/0 Block-6, H.No.692, Lodhi Colony,
NEW DELHI-110003
MOB-9319532160 PETITIONER NO.2

NEW DELHI:
DATED:

PETITIONER NO.1 PETITIONER NO.2

( HANUMANT SINGH ) (NEELIMA NEGI)

THROUGH:

(RISHABH KUMAR) (MANOJ KUMAR YADAV)

(ADVOCATE) D/2409/18 (ADVOCATE)
CHAMBER NO.803, ENRL. NO.D-2301/2005
DWARKA COURTS, CH.NO.427, DWARKA COURTS
NEW DELHI-75 NEW DELHI-75
M-7982337496 M-9811273435
adv.rishabh31@gmail.com theraonlf@gmail.com
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,
DWARKA, NEW DELHI

H.M.A. PETITION NO.____ OF 2021

IN THE MATTER OF:

SHRI HANUMANT SINGH (Age-38 Years)

S/0 SHRI MOHAN SINGH
R/O L-2-B-39, Mohan GARDEN,
Near Raghubir Singh Modern School
Uttam Nagar,
New Delhi-110059 …PETITIONER NO.1
MOB-8802244455

VERSUS

SMT. NEELIMA NEGI (Age-30Years)

W/0 SHRI HANUMANT SINGH
D/0 SHRI RAMESH NEGI
R/0 6/692,Lodhi Colony,
NEW DELHI-110003 …PETITIONER NO.2
MOB-9319532160

MUTUAL DIVORCE PETITION UNDER SECTION 13-B(1)OF

HINDU MARRIAGE ACT, 1955 (NO.25 OF 1955) AS

AMENDED UPTO DATE FOR DISSOLUTION OF MARRIAGE

BY DECREE OF DIVORCE BY WAY OF MUTUAL CONSENT.

(FIRST MOTION)
MOST RESPECTFULLY SHOWETH:

1. That the marriage between the petitioner No.1 and the

petitioner No.2 was solemnized on 23/10/2012

according to Hindu Rites and Customs at Community

Centre, Laxmibai Nagar,(Near Tamil School &

INA Metro Station) New Delhi-23,Lodhi Colony.

Affidavits of the petitioners are annexed with this

petition.

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

parties to the petition at the time of marriage and at

the time of filing the present petition are as follows:

BEFORE MARRIAGE

STATUS AGE PLACE OF

RESIDENCE

HUSBAND HINDU 29 YRS L-2-B-39,Mohan

GARDEN,
BACHELOR Near Raghubir
Singh Modern
School
Uttam Nagar,New
Delhi-110059
WIFE HINDU 22 YRS 6/692,Lodhi
SPINSTER Colony,

NEW DELHI-
110003
 AT THE TIME OF FILING
THE PRESENT PETITION

STATUS AGE PLACE OF

RESIDENCE

HUSBAND HINDU 37 YRS L-2-B-39,Mohan

MARRIED GARDEN,
Near Raghubir
Singh Modern
School
Uttam Nagar,New
Delhi-110059
WIFE HINDU 30 YRS 6/692,Lodhi
MARRIED Colony,

NEW DELHI-110003

3. That after solemnization of the marriage the petitioner

no.2 was brought to home by petitioner No.1 where
they lived together as husband and wife. Three
children (son and twin daughters) namely Master
Vihan, Baby Nitara and Baby Vidhisha were born on
19/06/2014 & 07/01/2017 respectively out from the
wedlock of petitioners. The said children are in
custody of petitioner No.1 and shall remain with him.

4. That the parties to the petition ever since the marriage

did not pull on together peacefully and smoothly being
of different habits, ideas, tastes, thoughts and so
being completely of different temperaments and nature
did not and could ever adjust themselves and so had
 no love for each other and are living separately since
20.09.2019. It is further submitted that all efforts of
the parties, well-wishers, friends failed owing to vital
differences in temperamental and total incompatibility
between the parties, the parties have mutually agreed
that there is no point for continuation of the marital
relationship and have further agreed upon for
dissolution of their marital ties in the mutual interest
of the parties.

5. That the petitioner No.1 has filed HMA petition for

divorce, in the Court of Shri Pitamber Dutt Ld. Judge,
Family courts, Dwarka, Delhi against the petitioner
No.2. During the mediation and conciliation proceed,
the matter was settled between the parties on
22.03.2021 on certain terms and conditions.

6. That as per the settlement dated 22.03.2021 the

petitioner No.1 shall pay a sum of Rs.5,00,000/-(Rs
Five lacs) to the petitioner No.2 as full and final
settlement qua their marriage. As per settlement
arrived at between the parties, it has been agreed
between them, that out of above settled amount, the
petitioner No.1 shall pay Rs.2,50,000/-(Rs Two lacs
fifty thousands) at the time of recording of statement
of first motion and remaining Rs.2,50,000/-(Rs Two
lacs fifty thousands) would be paid at the time of 2 n d
motion and the petitioner no.1 also return articles to
the petitioner no.2 as per annexure A. (Copy of
Settlement is annexed herewith for the kind perusal
of this Hon’ble Court).
7. That on 22.03.2021 the petitioner no.2 has already
received the jewellery articles before the Ld. counselor
from the petitioner no.1.

8. That the parties have settled their past, present and

future maintenance and alimony. The parties shall not
raise any dispute whatsoever in future in any Court of
law against each other.

9. That the parties to the petition are of sound health and

mind. They understand all the pros and cons of their
acts, conducts and its connected implications.

10. That both the parties shall henceforth be free to lead

their independent life and shall have no concern with
each other after the dissolution of their marriage by
grant of decree of divorce.

11. That the petition is being filed after lapse of statutory

period of their separation from each other, by the
petitioners. The petitioners have not residing together
till date since the date of their separation.

12. That the mutual consent has not been obtained by

force, fraud or undue influence.

13. That the petition is not presented before this Hon’ble

Court in collusion between the parties.
14. That there has not been unnecessary or improper delay
in instituting the proceedings.

15. That there is no other legal ground why the relief as

prayed should not be granted.

16. That the petitioner No.1&2 lastly resided together at

H.No. L-2-B-39, Mohan Garden, Uttam Nagar, New
Delhi and petitioner No. 1 is still residing there within
the local jurisdiction of this Hon’ble Court, hence this
Hon’ble Court has territorial jurisdiction to try and
adjudicate upon the present petition.

17. That there has not been any previous proceeding

between the parties with regard to the marriage in any
Court of Delhi or anywhere in India except a divorce
petition U/sec. 13(1)(i-a) of Hindu Marriage Act.

18. That the requisite Court Fee has been affixed on the
petition.

PRAYER

In view of the above facts and circumstances, it is,

therefore, prayed that this Hon’ble Court may kindly be
pleased to:

a) Dissolve the marriage by decree of divorce by mutual

consent;
b) Pass any other further order which this Hon’ble Court
may deem fit and proper in the interest of justice.

PETITIONER NO.1 PETITIONER NO.2

( HANUMANT SINGH ) (NEELIMA NEGI)

THROUGH:

(RISHABH KUMAR) (MANOJ KUMAR YADAV)

(ADVOCATE) D/2409/18 (ADVOCATE)
CHAMBER NO.803, ENRL. NO.D-2301/2005
DWARKA COURTS, CH.NO.427, DWARKA COURTS
NEW DELHI-75 NEW DELHI-75
M-7982337496 M-9811273435
adv.rishabh31@gmail.com theraonlf@gmail.com

VERIFICATION:

We, the above named petitioners, do hereby state

and verify on solemn affirmation that the contents of Para

No.1 to 9 of the above petition are true and correct to our

knowledge and Para No.10 to 18 are based on the

information received and believed to be true by us. Last

Para is PRAYER to this Hon’ble Court.

Verified at NEW DELHI on this day of APRIL,

2021

PETITIONER NO.1 PETITIONER NO.2

( HANUMANT SINGH ) (NEELIMA NEGI)
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,
DWARKA, NEW DELHI

H.M.A. PETITION NO.____ OF 2021

IN THE MATTER OF:

SH. HANUMANT SINGH …PETITIONER NO.1

Vs

SMT. NEELIMA NEGI …PETITIONER NO.2

AFFIDAVIT

I, HANUMANT SINGH S/0 SHRI RAMESH SINGH, aged 38 years, R/0

L-2-B-39,Mohan Garden, Near Raghubir Singh Modern School, Uttam
Nagar, NEW DELHI-110059, do hereby solemnly affirm and declare as
under:

1. That I am the Petitioner No.1 in the accompanying

Petition U/S 13-B(1) of Hindu Marriage Act,1955
and well conversant with the facts and
circumstances of the case, as such competent to
swear present affidavit.

2. That the marriage between the parties was

solemnized on 23.10.2012 according to Hindu Rites
and Customs.

3. That the marriage was duly consummated and three

children namely Master Vivan, two daughternamely
Baby Nitara and Baby Vidhisha were born on
19/06/2014 & 07/01/2017 respectively from the
said wedlock. The said children are in care and
custody of petitioner No.1.
4. That the parties to the petition are residing
separately since 20.09.2019.

5. That the mutual consent has not been obtained by

force, fraud or undue pressure.

6. That the petition Under Section 13-B(1) of Hindu

Marriage Act,1955 has been drafted by my Counsel
under my instructions. The same has been read
over and explained to me in vernacular and I say
that the same is true and correct to the my
knowledge . The same may kindly be read as part
and parcel to this affidavit as the same have not
been repeated herein for the sake of brevity.

DEPONENT

VERIFICATION:

Verified at New Delhi on this day of April, 2021 that

the contents of my affidavit are true and correct to the
best of my knowledge and belief and nothing material has
been concealed therefrom.

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

H.M.A. PETITION NO.____ OF 2021

IN THE MATTER OF:

SH. HANUMANT SINGH …PETITIONER NO.1

Vs

SMT. NEELIMA NEGI …PETITIONER NO.2

AFFIDAVIT

I, Smt. Neelima Negi, Age 30 Years, W/0 Sh. Hanumant

Singh, D/0 Sh. Ramesh Negi R/0 6/692, Lodhi Colony, New
Delhi-110003, do hereby solemnly affirm and declare as
under:
1. That I am the Petitioner No.2 in the accompanying
Petition U/S 13-B(1) of Hindu Marriage Act,1955
and well conversant with the facts and
circumstances of the case, as such competent to
swear present affidavit.

2. That the marriage between the parties was

solemnized on 23/10/2012 according to Hindu Rites
and Customs.

3. That the marriage was duly consummated and three

children namely Master Vivan, two daughternamely
Baby Nitara and Baby Vidhisha were born on
19/06/2014 & 07/01/2017 respectively from the
said wedlock. The said children are in care and
custody of petitioner No.1.

4. That the parties to the petition are residing

separately since 20.09.2019.
5. That the mutual consent has not been obtained by
force, fraud or undue pressure.

6. That the petition Under Section 13-B(1) of Hindu

Marriage Act,1955 has been drafted by my Counsel
under my instructions. The same has been read
over and explained to me in vernacular and I say
that the same is true and correct to the my
knowledge . The same may kindly be read as part
and parcel to this affidavit as the same have not
been repeated herein for the sake of brevity.

DEPONENT

VERIFICATION:

Verified at New Delhi on this day of April, 2021

that the contents of my affidavit are true and correct to
the best of my knowledge and belief and nothing material
has been concealed therefrom.

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

H.M.A. PETITION NO.____ OF 2021

IN THE MATTER OF:

SH. HANUMANT SINGH …PETITIONER NO.1

Vs

SMT. NEELIMA NEGI …PETITIONER NO.2

LIST OF DOCUMENTS

1. Marriage Photograph of Petitioners

2. Photocopy of Aadhaar Card of the petitioners
3. Photocopy of the Settlement Deed dated 22.03.2021
4. Any other document(s) with the permission of this Hon’ble
Court.

NEW DELHI: ` `
DATED: FILED BY:

(RISHABH KUMAR) (MANOJ KUMAR YADAV)

(ADVOCATE) D/2409/18 (ADVOCATE)
CHAMBER NO.803, ENRL. NO.D-2301/2005
DWARKA COURTS, CH.NO.427, DWARKA COURTS
NEW DELHI-75 NEW DELHI-75
M-7982337496 M-9811273435
adv.rishabh31@gmail.com theraonlf@gmail.com
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURTS,
DWARKA, NEW DELHI

H.M.A. PETITION NO.____ OF 2021

IN THE MATTER OF:

SH. HANUMANT SINGH …PETITIONER NO.1

Vs

SMT. NEELIMA NEGI …PETITIONER NO.2

APPLICATION UNDER SECTION 151 CPC ON BEHALF OF THE

PETITIONERS FOR WAIVING OF STIPULATED PERIOD OF SIX

MONTHS FOR MOVING THE PETITION U/S 13-B(2) OF H.M.

ACT.

MOST RESPECTFULLY SHOWETH:

1. That the Petitioners have filed the accompanying petition

U/sec. 13-B(2) of H.M. Act for dissolution of their marriage

by a decree of divorce by mutual consent.

2. That the facts leading to the present matter are that the

marriage of the petitioners was solemnized on 23.10.2012

 according to Hindu rites and ceremonies at Bhurthula,

Distt. Rewari, Haryana. However, the petitioners are living

separately since 20.09.2019. i.e. for the last more than 02

years.

3. That the petitioners reached to an amicable settlement and

have amicably resolved all their disputes and have decided

to part ways by seeking divorce by mutual consent by filing

petitions u/s 13-B(1) and 13-B(2) of H.M. Act.

4. That the petitioners have settled all their respective

disputes and claims and nothing remains due towards

stridhan, jewellery, dowry, permanent alimony etc. for

past, present and future and a Memorandum of

Understanding dated 22.03.2021was arrived between the

parties.

5. That in view of amicable settlement dated 22.03.2021, the

petitioners filed a petition u/s 13-B(1) of H.M. Act bearing

H.M.A. No.1265/2021 and the same allowed vide judgment

and order dated 18.06.20210.

6. That in the present matter the petitioners are living

separately for the last more than 2 years and they arrived

at genuine settlement and the petitioners are abiding by

the stipulation of the amicable settlement. Further, there is

no chance of the petitioners living together as husband and

wife and they are of young age, as such no fruitful purpose

will be served for waiting for a period of six months for

filing the petition u/s 13-B(2) of H.M. Act.

7. That accordingly, the petitioners are relying upon the

judgment passed by the Hon’ble Apex Court passed in Civil

Appeal No.11158/2017 titled ‘Amardeep Singh vs. Harveen

Kaur’ wherein the Hon’ble Apex court has held that the

period mentioned in section 13-B(2) is not mandatory but

directory and it will be open to the court to exercise its

discretion in the facts and circumstances of each case

where there is no possibility of parties resuming

cohabitation and there are chances of alternative

rehabilitation.
8. That the present application has been moved bonafidly and

in the interest of justice.

PRAYER

In view of the above, it is therefore most respectfully prayed

that this Hon’ble court may graciously be pleased to:-

i) waive the stipulated period of six months for moving the

petition u/s 13-B(2) of H.M. Act in the interest of justice.

ii) pass such or further order(s) as this Hon’ble Court may

deem fit and proper in the circumstances of the case.

PETITIONER NO.1 PETITIONER NO.2

THROUGH

(MANOJ KR. YADAV)

ADVOCATE
ENROL. NO. D-2301/05

COUNSEL FOR PETITIONERS

427, LAWYERS’ CHAMBERS,

DWARKA COURTS,

NEW DELHI-110075

09811273435

NEW DELHI

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

H.M.A. PETITION NO.____ OF 2021

IN THE MATTER OF:

SH. HANUMANT SINGH …PETITIONER NO.1

Vs

SMT. NEELIMA NEGI …PETITIONER NO.2

AFFIDAVIT

I, Neelima Negi, W/O Sh. Hanumant Singh,D/o Sh. Ramesh

Negi, R/o 6/692, Lodhi Colony, New Delhi-03, do hereby

solemnly affirm and declare as under:

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

petition/case and am fully conversant with the facts and

circumstances of the case. Hence am competent to swear

this present affidavit.

2. That I have gone through the contents of accompanying

application u/s 151 CPC for Waiving the stipulated period

of six months for moving the petition U/sec. 13(B)(2) of

H.M. Act, which has been drafted by my counsel under my

 instructions, the contents of the same are true and correct

to my knowledge.

DEPONENT

VERIFICATION:

Verified at New Delhi on this ___ day of January, 2021

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

knowledge and nothing has concealed there from.

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

H.M.A. PETITION NO.____ OF 2021

IN THE MATTER OF:

SH. HANUMANT SINGH …PETITIONER NO.1

Vs

SMT. NEELIMA NEGI …PETITIONER NO.2

AFFIDAVIT

I, Hanumant Singh S/o Sh. Mohan Singh, R/o L-2-B-39, Mohan

Garden, Near Raghubir Singh Modern School Uttam Nagar, New

Delhi-59, do hereby solemnly affirm and declare as under:

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

petition/case and am fully conversant with the facts and

circumstances of the case. Hence I am competent to swear

this present affidavit.

2. That I have gone through the contents of accompanying

application u/s 151 CPC for Waiving the stipulated period

of six months for moving the petition U/sec. 13(B)(2) of

H.M. Act, which has been drafted by my counsel under my

 instructions, the contents of the same are true and correct

to my knowledge.

DEPONENT

VERIFICATION:

Verified at New Delhi on this ___ day of January, 2021

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

knowledge and nothing has concealed there from.

DEPONENT