BEFORE THE COURT OF HON’BLE PRINCIPAL JUDGE

FAMILY COURT, DWARKA, DELHI

H.M.A. PETITION NO. OF 2022

IN THE MATTER OF :

NIKETA BHAIYA … PETITIONER NO. 1

AND

KUMAR RAKA … PETITIONER NO. 2

APPLICATION FOR WAIVER OF STATUTORY WAITING PERIOD OF SIX

MONTHS UNDER SECTION SECTION 13B (2) HINDU MARRIAGE ACT

The above named petitioners humbly submit as under:-

1. That the petitioners are filing the accompanying Petition under section 13B(2) of
the Hindu Marriage Act and the contents of the same may kindly be read as part
and parcel of the present application as the same are not being repeated herein for
the sake of brevity.
2. That the statutory period of six months specified in Section 13B(2), in addition to
the statutory period of one year under Section 13B(1) of separation of parties is
already over before the first motion itself.The parties hereto have been living
separately since 12.03.2015.
3. That all efforts for mediation/conciliation including efforts in terms of
Mediation/Order XXXIIA Rule 3 CPC/Section 23(2) of the Act/Section 9 of the
Family Courts Act to reunite the parties have failed and there is no likelihood of
success in that direction by any further efforts.
4. That the parties have genuinely settled their differences including alimony, or any
other pending issues between the parties through mediation settlement dated
19.04.2022.
5. That the waiting period will only prolong their agony. The marriage between the

parties is totally unworkable, emotionally dead, beyond salvage and broken down
irretrievably.The accompanying petition under section 13B(2) of the Hindu
Marriage Act is filed after lapse of more than twomonths after the judgment
passed in petition filed by the petitioners under section 13B(1) of the Hindu
Marriage Act.
6. That in view of the judgment of the Hon’ble Supreme Court inAmardeep Singh vs

Harveen Kaur (CIVIL APPEAL NO. 11158 OF 2017, judgment dated

12.09.2017), this Hon’ble Court may be pleased to waive off the statutory period
of six months as provided in section 13B(2)and entertain the accompanying
Petition to put quietus to all litigations and to save the parties from further agony.
Hence the present application is moved.

P R A Y E R:

IT IS, THEREFORE, MOST RESPECTFULLY PRAYED THAT KEEPING IN

VIEW THE FACTS AND CIRCUMSTANCES OF THE CASE AS MENTIONED
ABOVE, THIS HON’BLE COURT MAY KINDLY BE PLEASED TO waive off the
statutory period of six months as provided in section 13B(2) OF HINDU
MARRIAGE ACT AND ENTERTAIN THE ACCOMPANYING PETITION FILED
BY THE PETITIONERS UNDER SECTION 13B(2) OF HINDU MARRIAGE ACT
IN THE INTEREST OF JUSTICE.

ANY OTHER ORDER(S)/DIRECTION(S) WHICH THIS HON’BLE COURT

DEEMS FIT AND PROPER MAY ALSO BE PASSED, IN THE INTEREST OF
JUSTICE.
PETITIONER NO.1 PETITIONER NO.2
THROUGH THROUGH

COUNSEL COUNSEL
 BEFORE THE COURT OF HON’BLE PRINCIPAL JUDGE
FAMILY COURT, DWARKA, DELHI

H.M.A. PETITION NO. OF 2022

IN THE MATTER OF :

NIKETA BHAIYA … PETITIONER NO. 1

AND

KUMAR RAKA … PETITIONER NO. 2

AFFIDAVIT

I, NIKETA BHAIYA, AGED 34 YEARS, D/O R.K.SINHA, R/O FLAT NO.202,

BLOCK F 1-B, SAMRUDDHI APARTMENT, SECTOR-18B, DWARKA, NEW
DELHI-110075, DO HEREBY SOLEMNLY AFFIRM AND DECLARE AS
UNDER:

1. That the deponent is the Wife/petitioner no. 1 in the above noted petition and is well
conversant with the facts and circumstances of the case and hence competent to swear
this affidavit.

2. That the contents of the accompanying application for waiver of statutory waiting
period of six months under section 13B(2) of Hindu Marriage Act has been drafted by
my counsel under my instructions and same are read over to me in vernacular
language and are true and correct and same be read as part and parcel of this affidavit
as the same are not being reproduced herein for the sake of brevity.
 DEPONENT
VERIFICATION :
Verified at Delhi on this ___ day of September 2022 that the contents of the above
affidavit are true and correct to the best of my knowledge and belief and nothing
material fact has been concealed therefrom.
 BEFORE THE COURT OF HON’BLE PRINCIPAL JUDGE
FAMILY COURT, DWARKA, DELHI

H.M.A. PETITION NO. OF 2022

IN THE MATTER OF :

NIKETA BHAIYA … PETITIONER NO. 1

AND

KUMAR RAKA … PETITIONER NO. 2

AFFIDAVIT

I, KUMAR RAKA, AGED ABOUT 44 YEARS, S/O SH. RAMESH KUMAR R/O
GF-4, SRI VAISHNAVI APARTMENTS KOLA VARI STREET, BEHIND
INDIAN OIL PETROL PUMP, RAMAVERAPADU, VIJAYWADA (RURAL),
KRISHNA DISTRICT, ANDHRA PRADESH, DO HEREBY SOLEMNLY
AFFIRM AND DECLARE AS UNDER :

1. That the deponent is the Husband/petitioner no. 2 in the above noted petition and well
conversant with the facts and circumstances of the case and hence competent to swear
this affidavit.

2. That the contents of the accompanying application for waiver of statutory waiting
period of six months under section 13B(2) of Hindu Marriage Act, has been drafted
by my counsel under my instruction and on behalf and same are read over to me in
vernacular language and are true and correct and same be read as part and parcel of
this affidavit as the same are not being reproduced herein for the sake of brevity.

DEPONENT
VERIFICATION :
Verified at Delhi on this ___ day of September 2022 that the contents of the above
affidavit are true and correct to the best of my knowledge and belief and nothing material
fact has been concealed therefrom.

DEPONENT