Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 40

IN THE HON’BLE COURT OF PRINCIPAL JUDGE

(SHAHDARA), FAMILY COURT, DELHI

HMA NO……….2022

IN THE MATTER OF:-

MS. SANI AGED ABOUT 29 YEARS,

D/O SH. HARILAL PANDEY,

W/O SH. RAJNISH SHUKLA,

R/O H. NO.664, GALI NO – 2, SAINI

VIHAR MUNDAKA VILLAGE, BAKKARWALA,

WEST DELHI, DELHI-110041,

M: 9654398313 …..PETITIONER NO.1

VERSUS

MR. RAJNISH SHUKLA AGED ABOUT 29 YEARS

S/O SH. RAMSUBHAVAN SHUKLA,

R/O GRAM P.S. PARSURAM, BHAISAHA,

DISTT. BASTI, UTTAR PRADESH - 272130

M: 6393105430 …..PETITIONER NO.2

P.S.-

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE


OF DIVORCE BY MUTUAL CONSENT UNDER SECTION 13-
B(I) OF THE HINDU MARRIAGE ACT, 1955 AS AMENDED BY
THE MARRIAGE LAWS (AMENDMENT) ACT, 1976.

-----------------------------------------------------------------------
MOST RESPECTFULLY SHOWETH:-

1. That the marriage was solemnized between the parties

according to Hindu Rites & Ceremonies on 13.12.2015 at

H.No- 678. New Rajendra Lakada Marg, Firni Road, Near

Kansal Dhramkata Bali Gali, Mundaka, Delhi. The

Marriage Card is annexed herewith as Annexure-P1 The

Aadhar Card of Petitioner No.1 and Petitioner No.2 are

annexed herewith as Annexure-P2 and Annexure-P3

respectively.

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


to the marriage, before the marriage and at the time of
filing the present petition were/are as follows:-
HUSBAND/PETITIONER NO.2

STATUS AGE PLACE OF


RESIDENCE.
Before Hindu Bachelor 29 GRAM P.S.
Marriage PARSURAM,
Years
BHAISAHA,
DISTT. BASTI, UTTAR
PRADESH - 272130

STATUS AGE PLACE OF


RESIDENCE.
At the time Hindu Married 29 GRAM P.S.
Of Filing the PARSURAM,
Petition BHAISAHA,
DISTT. BASTI, UTTAR
PRADESH - 272130
RAM NAGAR,
SHAHDARA, DELHI-
110032

Wife / PETITIONER NO.1

STATUS AGE PLACE OF


RESIDENCE.
Before Hindu Spinster 29 GRAM P.S.
PARSURAM,
Marriage
BHAISAHA,
DISTT. BASTI, UTTAR
PRADESH - 272130

At the time Hindu Married 29 GRAM P.S.


of Filing the PARSURAM,
Petition BHAISAHA,
DISTT. BASTI, UTTAR
PRADESH - 272130

3. That after the marriage, the respondent was came to the


Matrimonial Home, where the marriage between the
Petitioner No.1 and the Petitioner No.2 was consummated.
No issue was born from said wedlock.

4. That within 7 days from the marriage, some differences


arose between the petitioners and inspite of the best
efforts of the petitioners as well as their parents, relations
and common friends, the temperamental differences and
thinking pattern of the parties herein could not be
reconciled and ultimately the petitioners started living
separately since 05.03.2018 and even thereafter they have
all along been living separately.

5. That due to intervention of family members and relatives

both the parties entered into a mutual settlement by way

of which both decided to obtain decree of divorce by way of

mutual settlement. The Copy of settlement deed dated

23.09.2022 is annexed herewith as Annexure-P4

6. That broadly the terms and conditions of the settlement

agreement between the parties are as under:-

a. That both the parties shall file a joint petition for

divorce u/s 13B of the Hindu Marriage Act, 1955 as

amended up to date, before the Family Court, Delhi,

within 15 days of the execution of this Compromise-

cum-Settlement Deed and both the parties undertake

to cooperate each other in obtaining divorce by way of

mutual consent.

b. That it has been agreed between the parties that within

one month after the quashing / disposing off FIR as


aforesaid parties shall file joint petition for second

motion divorce petition under section 13B(2) of H.M.A

before the concerned family court, Delhi along with the

application for waiving of stipulated period of 6 months.

c. That, however, in case the application of the parties to

waive of the stipulated period of 6 months is not

allowed and leave is not granted by the Hon’ble court to

the parties for second motion divorce Petition prior to

the stipulated period of 6 months then the Second

motion divorce petition shall be filed within 15 days

after the expiry of stipulated period of Six months.

d. That it has been agreed that Petitioner No. 1 shall have

no claim in respect of her maintenance and her child

baby Kanak's Maintenance in future and her all she

also abandons claims of Maintenance which have been

decided in Case No. Mt. 250/2018 titled Sunny@Sani

Vs, Rajnish Shukla which was decided ex- Parte on

dated 17.01.2019 and she undertakes not to file any

execution case in respect to the amount awarded in

said case in future.


e. That it has been agreed between the parties that after

the allowing of First Motion Petition the Petitioner No.1

shall cooperate in the quashing /disposal of FIR No.

290/2018 PS Mundaka titled State versus Rajnish

Shukla & Ors.

f. That the custody of Baby Kanak shall remain with the

First Party/ Wife for whole life and the Petitioner No. 1

shall be responsible of her bringing, welfare and her

marriage and she is also taking all responsibility of her

minor child and shall not claim maintenance for herself

and her daughter in future. It is also agreed by

Petitioner No. 1 that she is also abandons, relinquish

all the rights of herself and her baby Kanak in the

movable and immovable properties of Petitioner No. 2

and undertakes not to claim the same in future.

g. That Petitioner No. 1 has already received her all

Ishtridhan and all her things from Petitioner No. 2 and

she undertakes to not to claim any Ishtridhan,

Alimony, Permanent, Past, Present and future from

Petitioner No. 2in future.


h. That it has been agreed between the parties that after

the grant of Divorce by mutual consent and

withdrawing of all cases, if any, and after fulfilling the

all the terms and condition of this compromise/

settlement deed the both the parties undertakes not to

file any type of case, either civil, criminal or

matrimonial against each other and family members of

each other in any court of law/authority/police station

in any circumstances, in future in any manner.

i. That if either party or their family members have filed

any complaint/case either against each other and/or

any other family member in any court of law, police or

any other authority either in Delhi or any other Part of

India which is not in the knowledge of the either party

then it shall be deemed to be considered as

compromised and withdrawn in terms of this

compromise deed and shall not have any legal effect.

j. That after the divorce granted by the Hon‘ble Court the

parties shall live their life independently with their own

free will and none of the parties shall claim any relation
in regard to the said marriage. Further Parties shall not

interfere in the life of each other in any manner.

k. That the parties have entered into the present

settlement out of their free will and consent and the

above settlement is free from any undue influence,,

coercion, misrepresentation and duress. Hence, both

the parties undertake to abide by the terms of the

present of the present compromise deed and shall not

repudiate the same.

l. That it has been mutually decided and agreed by the

parties that if any party impliedly or expressly breaches

or does not fulfil the terms and condition of this

compromise deed, the defaulter party shall be liable to

pay Rs. 1,00,000/- (Rs.One Lac Only) to the other

party, as damages.

PRAYER :

It is, therefore, most humbly prayed that the marriage

between the petitioners to the petition may kindly be dissolved

by a decree of divorce by mutual consent and statement of both


the petitioners may be recorded under Section 13(B)(1) of Hindu

Marriage Act, in the interest of justice.

It is prayed accordingly.

Petitioner No. 1 Petitioner No. 2


(Ms. Sani ) (Sh. Rajnish Shukla)
Through

K.K.Singh and associates Ashish Ruhela, Adv


Advocate for Petitioner No. 1 Advocate for Petitioner
No. 2
Chamber No. S-21, Western
Wing, Tis Hazari Courts,
Delhi-110054 M:9810673660
E-mail:
advkksingh@gmail.com M: 9968167320

Enrol: D/2629/2006 Enrol.: D/ /

Delhi
Dated: .04.2022

Verification:

Verified at New Delhi on 00.00.2022 that the contents of paras


1 to 5 of the above petition are true and correct as per the
personal knowledge and information of Petitioner No. 1 and the
contents of clauses a) to l) of para 6 of the petition are true and
correct as per the legal advise received and believed to be true
and last para is prayer clause.

Petitioner No.1

Verification:

Verified at New Delhi on 00.00.2022 that the contents of paras


1 to 5 of the above petition are true and correct as per the
personal knowledge and information of Petitioner No. 2 and the
contents of clauses a) to l) of para 6 of the petition are true and
correct as per the legal advise received and believed to be true
and last para is prayer clause.

Petitioner No.2

NEW DELHI

DATE-19.04.2022
IN THE HON’BLE COURT OF PRINCIPAL JUDGE
(SHAHDARA), FAMILY COURT , DELHI

HMA NO……….2022

IN THE MATTER OF:-

MS. SANI …..PETITIONER NO.1

VERSUS

SH. RAJNISH SHUKLA …..PETITIONER NO.2

AFFIDAVIT

I, SANI D/o Sh. HARI LAL PANDEY W/o Sh. Rajnish Shukla
R/o H. NO.664, GALI NO – 2, SAINI VIHAR MUNDAKA
VILLAGE, BAKKARWALA, WEST DELHI, DELHI-110041, aged
about 29 years, do hereby solemnly affirm and declare as under
:-

1. That I say that I am the Petitioner No. 1 in the aforesaid

case and am aware of the facts of this case and hence

competent to swear this affidavit.

2. That I say that my marriage was solemnized with

Petitioner No. 2 as per Hindu Rites and ceremonies at

Delhi on 13.12.2015 and thereafter due to some


temperamental differences and strained relationship,

various litigation had started between the parties due to

which the Parties herein are living separately since

05.03.2018.

3. That I say that after the solemnization of the marriage, we

had resided together within the territorial jurisdiction of

this Hon’ble Court.

4. That I say that all the disputes between the parties herein

have been settled vide Settlement Agreement dated

23.09.2022 pursuant to which the parties herein have

decided to file this petition for seeking divorce on mutual

consent.

5. That I say that I shall be bound by the terms and

conditions mentioned in the Settlement Agreement dated

23.09.2022, as stated in the accompanying First Motion

Petition, and hence I undertake to comply with the same.

7. That I say that the contents of the accompanying Petition

filed under Section 13-B(1) of Hindu Marriage Act, 1956

have been drafted under my instructions and that the


same are true and correct as per my personal knowledge

and information.

8. That I say that the accompanying Petition for divorce on

mutual consent basis has not been filed in collusion as

despite best efforts we have not been able to reconcile our

differences.

9. That I say that the copies of the annexures annexed with

the accompanying are true and correct copies of their

respective originals/ copies as available with me.

10. That I say that the contents of this affidavit are true and

correct.

DEPONENT
VERIFICATION
Verified at New Delhi on this 00.00.2022 that the contents

of paras 1 to 10 of the above affidavit are true and correct

as per my personal knowledge and information and

nothing material has been concealed therefrom.

DEPONENT
IN THE HON’BLE COURT OF PRINCIPAL JUDGE
(SHAHDARA), FAMILY COURT , DELHI

HMA NO……….2022

IN THE MATTER OF:-

MS. SANI …..PETITIONER NO.1

VERSUS

SH. RAJNISH SHUKLA …..PETITIONER NO.2

AFFIDAVIT

I, Sh. Rajnish Shukla S/o Sh. Ram Shubhawan Shukla, R/o


GRAM P.S. PARSURAM, BHAISAHA, DISTT. BASTI, UTTAR
PRADESH - 272130, aged about 29 years, do hereby solemnly
affirm and declare as under :-

1. That I say that I am the Petitioner No. 2 in the aforesaid

case and am aware of the facts of this case and hence

competent to swear this affidavit.

2. That I say that my marriage was solemnized with

Petitioner No. 1 as per Hindu Rites and ceremonies at

Delhi on 13.12.2015 and thereafter due to some

temperamental differences and strained relationship,

various litigation had started between the parties due to

which the Parties herein are living separately since

05.03.2018.
3. That I say that after the solemnization of the marriage, we

had resided together within the territorial jurisdiction of

this Hon’ble Court.

4. That I say that all the disputes between the parties herein

have been settled vide Settlement Agreement dated

23.09.2022 pursuant to which the parties herein have

decided to file this petition for seeking divorce on mutual

consent.

5. That I say that I shall be bound by the terms and

conditions mentioned in the Settlement Agreement dated

23.09.2022, as stated in the accompanying First Motion

Petition, and hence I undertake to comply with the same.

7. That I say that the contents of the accompanying Petition

filed under Section 13-B(1) of Hindu Marriage Act, 1956

have been drafted under my instructions and that the

same are true and correct as per my personal knowledge

and information.

8. That I say that the accompanying Petition for divorce on

mutual consent basis has not been filed in collusion as


despite best efforts we have not been able to reconcile our

differences.

9. That I say that the copies of the annexures annexed with

the accompanying are true and correct copies of their

respective originals/ copies as available with me.

10. That I say that the contents of this affidavit are true and

correct.

DEPONENT
VERIFICATION

Verified at New Delhi on this 00.00.2022 that the contents

of paras 1 to 10 of the above affidavit are true and correct

as per my personal knowledge and information and

nothing material has been concealed therefrom.

DEPONENT
IN THE HON’BLE COURT OF PRINCIPAL JUDGE (SHAHDARA), FAMILY
COURT , DELHI

HMA NO……….2022
IN THE MATTER OF:-
MS. SANI …..PETITIONER NO.1

VERSUS

SH. RAJNISH SHUKLA …..PETITIONER NO.2

MEMO OF PARTIES
MS. SANI AGED ABOUT 29 YEARS,
D/O SH. HARILAL PANDEY,
W/O SH. RAJNISH SHUKLA,
R/O H. NO.664, GALI NO – 2, SAINI
VIHAR MUNDAKA VILLAGE, BAKKARWALA,
WEST DELHI, DELHI-110041,
M: 9654398313 …..PETITIONER NO.1

VERSUS

MR. RAJNISH SHUKLA AGED ABOUT 29 YEARS


S/O SH. RAMSUBHAVAN SHUKLA,
R/O GRAM P.S. PARSURAM, BHAISAHA,
DISTT. BASTI, UTTAR PRADESH - 272130
M: 6393105430 …..PETITIONER NO.2

Petitioner No. 1 Petitioner No. 2


(MS. SANI) (MR. RAJNISH SHUKLA)
Through

K.K.Singh and associates Ashish Ruhela, Adv


Advocate for Petitioner No. 1 Advocate for Petitioner No. 2
Chamber No. S-21, Western Wing, Tis
Hazari Courts ,Delhi-110054
M:9810673660 M: 9968167320
E-mail: advkksingh@gmail.com Enrol.: D/ /
Enrol: D/2629/2006
Delhi
Dated: .04.2022
IN THE HON’BLE COURT OF PRINCIPAL JUDGE
(SHAHDARA), FAMILY COURT , DELHI

HMA NO……….2022

IN THE MATTER OF:-

MS. SANI …..PETITIONER NO.1

VERSUS

SH. RAJNISH SHUKLA …..PETITIONER NO.2


INDEX

Sr. PARTICULARS PAGE C.FEES


No. S

1. Memo of Parties

2. Petition of Divorce U/s 13 (B) () of H.M.A.

3. Affidavits in support of the petition.

4. List of documents alongwith documents.

6. Vakalatnama

Petitioner No. 1 Petitioner No. 2

(Rashmi Verma) (Ankit Kumar Rohilla)

Through

K.K.Singh and associates Ashish Ruhela, Adv


Advocate for Petitioner No. 1 Advocate for Petitioner No. 2
Chamber No. S-21, Western Wing, Tis
Hazari Courts ,Delhi-110054
M:9810673660 M: 9968167320
E-mail: advkksingh@gmail.com Enrol.: D/ /
Enrol: D/2629/2006
Delhi
Dated: .04.2022
IN THE HON’BLE COURT OF PRINCIPAL JUDGE
(SHAHDARA), FAMILY COURT , DELHI

HMA NO……….2022

IN THE MATTER OF:-

MS. SANI …..PETITIONER NO.1

VERSUS

SH. RAJNISH SHUKLA …..PETITIONER NO.2


LIST OF DOCUMENTS

S No. Particulars Page


No.’s

1. Copy of the marriage invitation Card .

2. Identity Proof of Petitioner No.1 and Petitioner No.2

3. Copy of Settlement Agreement Dated 27.01.2022

Petitioner No. 1 Petitioner No. 2

(Rashmi Verma) (Ankit Kumar Rohilla)

Through

K.K.Singh and associates Ashish Ruhela, Adv


Advocate for Petitioner No. 1 Advocate for Petitioner No. 2
Chamber No. S-21, Western Wing, Tis
Hazari Courts ,Delhi-110054
M:9810673660 M: 9968167320
E-mail: advkksingh@gmail.com Enrol.: D/ /
Enrol: D/2629/2006
Delhi
Dated: .04.2022
IN THE HON’BLE COURT OF PRINCIPAL JUDGE
(SHAHDARA), FAMILY COURT , DELHI

HMA NO……….2022

IN THE MATTER OF:-

MS. SANI …..PETITIONER NO.1

VERSUS

SH. RAJNISH SHUKLA …..PETITIONER NO.2

AFFIDAVIT

I, SANI D/o Sh. HARI LAL PANDEY W/o Sh. Rajnish Shukla
R/o H. NO.664, GALI NO – 2, SAINI VIHAR MUNDAKA
VILLAGE, BAKKARWALA, WEST DELHI, DELHI-110041, aged
about 29 years, Petitioner No.1 do hereby certify that the
documents annexed to the petition are true copies of their
respective originals. The documents so annexed are self-
attested and if the same are found to be false or fabricated, I
shall make myself liable for civil and criminal legal action. I
undertake to submit the duly signed attested petition, in
original in the court, and to make up the deficiency, if any in
the court fee within the stipulated time frame.

SANI

D/o Sh. HARI LAL PANDEY

W/o Sh. Rajnish Shukla

R/o H. NO.664, GALI NO – 2,

SAINI VIHAR MUNDAKA VILLAGE,

BAKKARWALA, WEST DELHI,

DELHI-110041
IN THE HON’BLE COURT OF PRINCIPAL JUDGE
(SHAHDARA), FAMILY COURT , DELHI

HMA NO……….2022

IN THE MATTER OF:-

MS. SANI …..PETITIONER NO.1

VERSUS

SH. RAJNISH SHUKLA …..PETITIONER NO.2

AFFIDAVIT

I, Sh. Rajnish Shukla S/o Sh. Ram Shubhawan Shukla, R/o


GRAM P.S. PARSURAM, BHAISAHA, DISTT. BASTI, UTTAR
PRADESH - 272130, aged about 29 years, Petitioner No.2 do
hereby certify that the documents annexed to the petition are
true copies of their respective originals. The documents so
annexed are self-attested and if the same are found to be false
or fabricated, I shall make myself liable for civil and criminal
legal action. I undertake to submit the duly signed attested
petition, in original in the court, and to make up the deficiency,
if any in the court fee within the stipulated time frame.

Rajnish Shukla
S/o Sh. Ram Shubhawan Shukla,
R/o GRAM P.S. PARSURAM,
BHAISAHA, DISTT. BASTI,
UTTAR PRADESH - 272130
IN THE HON’BLE COURT OF PRINCIPAL JUDGE
(SHAHDARA), FAMILY COURT , DELHI

HMA NO……….2022

IN THE MATTER OF:-

MS. SANI …..PETITIONER NO.1

VERSUS

SH. RAJNISH SHUKLA …..PETITIONER NO.2

CERTIFICATE

I, K.K.Singh, Advocate Ch. No.S-21, Western Wing, Tis Hazari


Court, Delhi-110054 Enrol. No.D/2629/2006 do hereby certify
that I have personally verified the copies of the documents of
the petitioner No.1 enclosed with the petition with the originals
and that the same are true copies of respective originals. I also
undertake to submit the duly signed and attested petition , in
original in the court , and to make up the deficiency, if any in
the court fee within the stipulated time frame.

K.K.Singh, Advocate
BCD Enrol No. D/2629/2006
Ch. No.S-21. Western Wing,
Tis Hazari Court, Delhi-110054
M:9810673660; E-mail-advkksingh@gmail.com
IN THE HON’BLE COURT OF PRINCIPAL JUDGE
(SHAHDARA), FAMILY COURT , DELHI

HMA NO……….2022

IN THE MATTER OF:-

MS. SANI …..PETITIONER NO.1

VERSUS

SH. RAJNISH SHUKLA …..PETITIONER NO.2

CERTIFICATE

I, Ashish Ruhela, Advocate Office at ………………………………,


Enrol. No.D/ / do hereby certify that I have
personally verified the copies of the documents of the petitioner
No.2 enclosed with the petition with the originals and that the
same are true copies of respective originals. I also undertake to
submit the duly signed and attested petition , in original in the
court , and to make up the deficiency, if any in the court fee
within the stipulated time frame.

Ashish Ruhela ,Advocate


Office at ……………….,
Enrol. No.D/……./……
M:9968167320 ; E-mail-ashishruhelaadv@gmail.com
IN THE HON’BLE COURT OF PRINCIPAL JUDGE (SHAHDARA), FAMILY
COURT , DELHI

HMA NO……….2022

IN THE MATTER OF:-

MS. SANI …..PETITIONER NO.1

VERSUS

SH. RAJNISH SHUKLA …..PETITIONER NO.2

Advocate For P-1 Details :-


Name : K.K.Singh, Advocate
BCD Enrol No. D/2629/2006
Ch. No.S-21. Western Wing,
Tis Hazari Court, Delhi-110054
M:9810673660; E-mail-advkksingh@gmail.com

Advocate For P-2 Details :-


Name : Ashish Ruhela ,Advocate
Office at ……………….,
Enrol. No.D/……./……
M:9968167320 ; E-mail-ashishruhelaadv@gmail.com

Petitioner No – 1 Details :-
Name : Rashmi Verma
D/o Sh.Vinod Kumar Verma
W/o Sh. Ankit Kumar Rohilla
R/o H.No.WS-14,Bhagat Singh Gali,
Babrapur Shahdara, Delhi-110032,
M:9871626067

Petitioner No – 2 Details :-
Name: Mr. Ankit Kumar Rohilla
S/o Sh. Prem Sagar Rohilla
R/o 1/2213, Near Durga Mandir,
Ram Nagar, Shahdara, Delhi 110032
M:
IN THE HON’BLE COURT OF PRINCIPAL JUDGE
(SHAHDARA), FAMILY COURT , DELHI

HMA NO……….2022

IN THE MATTER OF:-

MS. SANI …..PETITIONER NO.1

VERSUS

SH. RAJNISH SHUKLA …..PETITIONER NO.2

UNDERTAKING FOR FILING DEFICIENT COURT FEE


AND WELFARE FEE

I, K.K.Singh, Advocate Ch. No.S-21, Western Wing, Tis Hazari


Court, Delhi-110054 Enrol. No.D/1050/2003 do hereby
undertake that I shall file deficient court fee, if any and welfare
tickets on vakalatnama at the time of the filing of hard copy of
complete Petition.

K.K.Singh, Advocate
BCD Enrol No. D/2629/2006
Ch. No.S-21. Western Wing,
Tis Hazari Court, Delhi-110054
M:9810673660; E-mail-advkksingh@gmail.com
IN THE HON’BLE COURT OF PRINCIPAL JUDGE
(SHAHDARA), FAMILY COURT , DELHI

HMA NO……….2022

IN THE MATTER OF:-

MS. SANI …..PETITIONER NO.1

VERSUS

SH. RAJNISH SHUKLA …..PETITIONER NO.2

UNDERTAKING FOR FILING DEFICIENT COURT FEE


AND WELFARE FEE

I, Ashish Ruhela, Advocate Office at ………………………………,


Enrol. No.D/ / do hereby do hereby undertake
that I shall file deficient court fee, if any and welfare tickets on
vakalatnama at the time of the filing of hard copy of complete
Petition.

Ashish Ruhela ,Advocate


Office at ……………….,
Enrol. No.D/……./……
M:9968167320 ; E-mail-ashishruhelaadv@gmail.com
IN THE HON’BLE COURT OF PRINCIPAL JUDGE
(SHAHDARA), FAMILY COURT , DELHI

HMA NO……….2022

IN THE MATTER OF:-

MS. SANI …..PETITIONER NO.1

VERSUS

SH. RAJNISH SHUKLA …..PETITIONER NO.2

“I UNDERTAKE ON BEHALF OF THE PETITIONER’s THAT HE/SHE WILL


FILE THIS ENTIRE ORIGINAL PETITION/SUPPORTING AFFIDAVITS ETC., ON
A-4 SIZE PAPER ONLY, AS AND WHEN REQUIRED BY THE CONCERNED
COURT WHERE THE MATTER WILL BE MARKED.”

K.K.Singh, Advocate
BCD Enrol No. D/2629/2006
Ch. No.S-21. Western Wing,
Tis Hazari Court, Delhi-110054
M:9810673660; E-mail-advkksingh@gmail.com
IN THE HON’BLE COURT OF PRINCIPAL JUDGE
(SHAHDARA), FAMILY COURT , DELHI

HMA NO……….2022

IN THE MATTER OF:-

MS. SANI …..PETITIONER NO.1

VERSUS

SH. RAJNISH SHUKLA …..PETITIONER NO.2

DETAILED AFFIDAVIT IN TERMS OF JUDGEMENT OF


HON’BLE HIGH COURT OF DELHI IN CASE TITLED RAJAT
GUPTA VS RUPALI GUPTA

I, SANI D/o Sh. HARI LAL PANDEY W/o Sh. Rajnish Shukla
R/o H. NO.664, GALI NO – 2, SAINI VIHAR MUNDAKA
VILLAGE, BAKKARWALA, WEST DELHI, DELHI-110041, aged
about 29 years, do hereby solemnly affirm and declare as under
:-

1. That I say that I am the Petitioner No. 1 in the aforesaid

case and am aware of the facts of this case and hence

competent to swear this affidavit.

2. That I say that my marriage was solemnized with

Petitioner No. 2 as per Hindu Rites and ceremonies at

Delhi on 13.12.2015 and thereafter due to some

temperamental differences and strained relationship,

various litigation had started between the parties due to


which the Parties herein are living separately since

05.03.2018.

3. That I say that after the solemnization of the marriage,

we had resided together within the territorial

jurisdiction of this Hon’ble Court.

4. That I say that all the disputes between the Petitioner

No.1 and Petitioner No.2 herein have been settled vide

Settlement Agreement dated 23.09.2022 pursuant to

which the parties herein have decided to file this

petition for seeking divorce on mutual consent.

5. That I say that I have already received all my Ishtridhan

and all my belongings from the Petitioner No. 2 and I

undertake not to claim any Ishtridhan, Alimony,

Permanent, Past, Present and future from Petitioner

No.2 in future.

6. That as per the settlement agreement dated 23.09.2022

it has been agreed that Petitioner No. 1 shall have no

claim in respect of her maintenance and her child baby

Kanak's Maintenance in future and her all she also


abandons claims of Maintenance which have been

decided in Case No. Mt. 250/2018 titled Sunny@Sani

Vs, Rajnish Shukla which was decided ex- Parte on

dated 17.01.2019 and she undertakes not to file any

execution case in respect to the amount awarded in

said case in future.

7. That it has been agreed between the parties that after

the allowing of First Motion Petition the Petitioner No.1

shall cooperate in the quashing /disposal of FIR No.

290/2018 PS Mundaka titled State versus Rajnish

Shukla & Ors.

8. That the custody of Baby Kanak shall remain with the

First Party/ Wife for whole life and the Petitioner No. 1

shall be responsible of her bringing, welfare and her

marriage and she is also taking all responsibility of her

minor child and shall not claim maintenance for herself

and her daughter in future. It is also agreed by

Petitioner No. 1 that she is also abandons, relinquish all

the rights of herself and her baby Kanak in the movable


and immovable properties of Petitioner No. 2 and

undertakes not to claim the same in future.

9. That it has been agreed between the parties that after

the grant of Divorce by mutual consent and

withdrawing of all cases, if any, and after fulfilling the

all the terms and condition of this compromise/

settlement deed the both the parties undertakes not to

file any type of case, either civil, criminal or

matrimonial against each other and family members of

each other in any court of law/authority/police station

in any circumstances, in future in any manner.

10. That it has been mutually decided and agreed by the

parties that if any party impliedly or expressly breaches

or does not fulfil the terms and condition of this

compromise deed, the defaulter party shall be liable to

pay Rs. 1,00,000/- (Rs.One Lac Only) to the other

party, as damages.

11. That I say that I shall be bound by the terms and

conditions mentioned in the Settlement Agreement

dated 28.03.2022, as stated in the accompanying First


Motion Petition, and hence I undertake to comply with

the same.

12. That I say that the contents of the accompanying

Petition filed under Section 13-B(1) of Hindu Marriage

Act, 1956 have been drafted under my instructions and

that the same are true and correct as per my personal

knowledge and information.

13. That I say that the accompanying Petition for divorce on

mutual consent basis has not been filed in collusion as

despite best efforts we have not been able to reconcile

our differences.

14. That I say that the copies of the annexures annexed

with the accompanying are true and correct copies of

their respective originals/ copies as available with me.

15. That I say that the contents of this affidavit are true

and correct.

DEPONENT
VERIFICATION
Verified at New Delhi on this 00.00.2022 that the contents

of paras 1 to 15 of the above affidavit are true and correct

as per my personal knowledge and information and

nothing material has been concealed therefrom.

DEPONENT
IN THE HON’BLE COURT OF PRINCIPAL JUDGE
(SHAHDARA), FAMILY COURT , DELHI

HMA NO……….2022

IN THE MATTER OF:-

MS. SANI …..PETITIONER NO.1

VERSUS

SH. RAJNISH SHUKLA …..PETITIONER NO.2

DETAILED AFFIDAVIT IN TERMS OF JUDGEMENT OF


HON’BLE HIGH COURT OF DELHI IN CASE TITLED RAJAT
GUPTA VS RUPALI GUPTA

I, Sh. Rajnish Shukla S/o Sh. Ram Shubhawan Shukla, R/o


GRAM P.S. PARSURAM, BHAISAHA, DISTT. BASTI, UTTAR
PRADESH - 272130, aged about 29 years, do hereby solemnly
affirm and declare as under :-

1. That I say that I am the Petitioner No. 2 in the aforesaid

case and am aware of the facts of this case and hence

competent to swear this affidavit.

2. That I say that my marriage was solemnized with

Petitioner No. 1 as per Hindu Rites and ceremonies at

Delhi on 13.12.2015 and thereafter due to some

temperamental differences and strained relationship,

various litigation had started between the parties due to


which the Parties herein are living separately since

05.03.2018.

3. That I say that after the solemnization of the marriage,

we had resided together within the territorial

jurisdiction of this Hon’ble Court.

4. That I say that all the disputes between the parties

herein have been settled vide Settlement Agreement

dated 23.09.2022 pursuant to which the parties herein

have decided to file this petition for seeking divorce on

mutual consent.

5. That I say that Petitioner No. 1 has already received all

her Ishtridhan and all her belongings from the

Petitioner No. 2 and she undertakes not to claim any

Ishtridhan, Alimony, Permanent, Past, Present and

future from Petitioner No.2 in future.

6. That as per the settlement agreement dated 23.09.2022

it has been agreed that Petitioner No. 1 shall have no

claim in respect of her maintenance and her child baby

Kanak's Maintenance in future and her all she also


abandons claims of Maintenance which have been

decided in Case No. Mt. 250/2018 titled Sunny@Sani

Vs, Rajnish Shukla which was decided ex- Parte on

dated 17.01.2019 and she undertakes not to file any

execution case in respect to the amount awarded in

said case in future.

7. That it has been agreed between the parties that after

the allowing of First Motion Petition the Petitioner No.1

shall cooperate in the quashing /disposal of FIR No.

290/2018 PS Mundaka titled State versus Rajnish

Shukla & Ors.

8. That the custody of Baby Kanak shall remain with the

First Party/ Wife for whole life and the Petitioner No. 1

shall be responsible of her bringing, welfare and her

marriage and she is also taking all responsibility of her

minor child and shall not claim maintenance for herself

and her daughter in future. It is also agreed by

Petitioner No. 1 that she is also abandons, relinquish all

the rights of herself and her baby Kanak in the movable


and immovable properties of Petitioner No. 2 and

undertakes not to claim the same in future.

9. That it has been agreed between the parties that after

the grant of Divorce by mutual consent and

withdrawing of all cases, if any, and after fulfilling the

all the terms and condition of this compromise/

settlement deed the both the parties undertakes not to

file any type of case, either civil, criminal or

matrimonial against each other and family members of

each other in any court of law/authority/police station

in any circumstances, in future in any manner.

10. That it has been mutually decided and agreed by the

parties that if any party impliedly or expressly breaches

or does not fulfil the terms and condition of this

compromise deed, the defaulter party shall be liable to

pay Rs. 1,00,000/- (Rs.One Lac Only) to the other

party, as damages.

11. That I say that I shall be bound by the terms and

conditions mentioned in the Settlement Agreement

dated 28.03.2022, as stated in the accompanying First


Motion Petition, and hence I undertake to comply with

the same.

12. That I say that the contents of the accompanying

Petition filed under Section 13-B(1) of Hindu Marriage

Act, 1956 have been drafted under my instructions and

that the same are true and correct as per my personal

knowledge and information.

13. That I say that the accompanying Petition for divorce on

mutual consent basis has not been filed in collusion as

despite best efforts we have not been able to reconcile

our differences.

14. That I say that the copies of the annexures annexed

with the accompanying are true and correct copies of

their respective originals/ copies as available with me.

15. That I say that the contents of this affidavit are true

and correct.

DEPONENT
VERIFICATION
Verified at New Delhi on this 00.00.2022 that the contents

of paras 1 to 15 of the above affidavit are true and correct

as per my personal knowledge and information and

nothing material has been concealed therefrom.

DEPONENT

You might also like