IN THE HON’BLE COURT OF PRINCIPAL JUDGE

FAMILY COURTS, EAST DISTT., KKD

COURTS, DELHI
HMA PETITION NO. OF 2023

IN THE MATTER OF:-

TANVI GOSWAMI …Petitioner No. 1

AND

PRAVEEN KUMAR GOSWAMI …Petitioner No. 2

AFFIDAVIT OF PETITIONER NO. 1 AS PER JUDGMENT

DATED 15.05.2018 PASSED BY THE HON’BLE HIGH COURT
OF DELHI IN THE MATTER OF RAJAT GUPTA VS RUPALI
GUPTA IN CONT. CASE (C) 772/2013

I, SMT. TANVI GOSWAMI, D/O LT. SH. C. P. SHARMA, W/O

SH. PRAVEEN KUMAR GOSWAMI, R/O H. NO. M.B. 15,
MASTER BLOCK, SHAKARPUR BRAMAD, EAST DELHI –
110092 And also at: H. NO. 8, SHANKAR NAGAR, KRISHNA
NAGAR, MATHURA, do hereby solemnly affirm and declare as
under:

1. That the deponent is the petitioner no. 1 in the above noted petition and
fully conversant to swear this affidavit.
2. That the deponent got married with the petitioner no. 2 on 22.01.2006 at
Birla Mandir, Mathura U.P. as per Hindu rites and customs.
3. That out of the said wedlock of the petitioners, a ma l e c h i l d n a
me l y
Saksham Goswami was born on d a t e d 0 3 . 04 . 20 08 .
4. That the parties to the petition are living separately since 20.06.2019.
5. That the parties to the petition have mutually agreed to dissolve the
marriage by mutual consent by a decree of divorce by this Hon’ble court.
6. That the parties have arrived at a settlement on following terms and
conditions.
I. That it is agreed between both the parties that they would file a
petition jointly for grant of divorce by mutual consent in accordance
with law as provided u/s 13B of HMA act.
II. That it has been agreed between the parties that they shall get their
marriage dissolved by a decree of divorce by way of mutual consent
by filing petitions under section 13B (1) and 13B (2) of HMA 1955
upon the terms contained in the present settlement agreement. It has
been further agreed between the parties that the petition 13B(1) shall
be filed within fifteen days of signing and execution of the present
MoU/agreement before the proper and competent court. The parties
further undertake to file the second motion petition 13B (2) after the
expiry of statutory period of six months as per accordance of the law
or as permitted by the Hon’ble court. Both the parties undertake that
they shall not withdraw their consent to proceed with the filing of
the second motion petition and seeking divorce by way of mutual
consent subject to fulfilment of the terms of the present settlement
agreement.
III. That it has been agreed between the parties that the petitioner no. 1
does not want any maintenance (past, present and future),
permanent alimony, istridhan, jewelry etc. from petitioner no. 2 and
waive off all her past, present and future claims from the petitioner
no. 2.
IV. That the parties have now decided to dissolve the marriage legally
through a decree of divorce by mutual consent. With the present
mutual understanding, arrived between the parties hereto it is agreed
that all the past, present and future claims of the petitioner no. 1 and
her family members shall stand settled in all respect and the
 petitioner no. 1 undertakes not to claim anything in present and
whatsoever in future from the petitioner no. 2.
V. That if either of the parties has filed any complaint which is not in
the knowledge of either of the parties in any court of law or any
other authority in New Delhi or in any part of India then it shall
deem to be considered as compromised and withdrawn and shall not
have any legal effect.
VI. That both the petitioners, their family members, relatives, friends
etc. shall not possess / share/ circulate to anyone or on social media
etc. any picture, video, audio or text messages/ emails, chats or any
other confidential communication etc. related to each other. In the
above mentioned condition, the victim party shall take legal action
against the culprit party. Both the petitioners undertake to delete any
picture, video, audio or text messages/ emails, chats or any other
confidential communication etc. related to each other, if they possess
any.
VII. That the mutual consent has not been obtained by force, fraud,
undue influence, coercion, duress, misrepresentation, promise or
pressure from any quarter whatsoever.
VIII. That it is agreed between both the parties that the custody of the
minor male child namely SAKSHAM GOSWAMI shall remain
with the petitioner no. 2 and the petitioner no. 1 shall not claim
custody of the child but the petitioner no. 1 will have visitation
rights once in a month and the petitioner no. 2 shall be the guardian
of the child for all intent and purposes.
IX. That it is agreed between both the parties that either of the parties
shall not claim any right whatsoever in the movable and immovable
properties of each other.
X. That it is agreed between both the parties that on the completion of
 the terms above, they shall not be left with any claims towards each
other and shall not litigate in future against each other qua this
marriage.
XI. That it is agreed between both the parties that on the completion of
the terms and conditions of the present MoU/settlement, the parties
shall be free to live their life independently without interference of
any kind from each other’s side.
XII. That the settlement agreement/ MoU has been executed between the
parties voluntarily after examining all the probabilities and
implications thereof without any force, fraud, undue influence,
coercion, duress, misrepresentation, promise or pressure from any
quarter whatsoever. Pursuant to the signatures on the present
settlement, both the parties shall not interfere in the lives of each
other in any manner including personal, oral, electronic or
telephonic and also will not make any allegation against each other
and/or their respective family members.
XIII. That it is agreed between both the parties that they have settled all
their claims against each other and either of the parties will not have
any future claim towards each other in any respect whatsoever.
XIV. That the present MoU/settlement deed is effective and enforceable
from the date of its execution and shall remain effective and binding
and form part of the decree for mutual consent.
XV. That the parties, hereinabove have taken a decision to break their
matrimonial ties keeping in view their future welfare and prospects.
XVI. That contents of the MoU/settlement deed have been read over to the
parties and they have been explained the terms of this settlement
deed and the have understood the same to be true and shall be
governed by the same.
 7. That the present petition is not being filed in collusion and there is no
unnecessary and improper delay in filing of this petition.
8. That the deponent undertake to abide by the settlement arrived at
between the petitioners as mentioned in para no. 6.
9. That the deponent undertake to abide by the stipulation as contained in
the judgment dated 15.05.2018 passed by the HON’BLE HIGH
COURT OF DELHI in the matter of RAJAT GUPTA VS RUPALI
GUPTA IN CONT. CASE (C) 772/2013.
10.That CD/marriage photographs/marriage card of the wedding of the parties
are presently not in possession of any of the parties as the same has been
lost.
11.That the accompanying petition u/s section 13B(2) of HMA 1955 has been
drafted by my counsel under my instructions and contents of the same have
been read over to me in my vernacular and the same are true and correct.
12.That the accompanying petition u/s section 13B(2) of HMA 1955 may
kindly be read as part and parcel of the reply of this affidavit which are not
stated herein for sake of brevity.

Deponent
Verification:
Verified at Delhi on this 13th October 2023 that all the contents of above
affidavit are correct and true to the best of my knowledge and nothing
material has been concealed therefrom.

Deponent
 IN THE HON’BLE COURT OF PRINCIPAL JUDGE
FAMILY COURTS, EAST DISTT., KKD
COURTS, DELHI
HMA PETITION NO. OF 2023

IN THE MATTER OF:-

TANVI GOSWAMI Petitioner No. 1

AND

PRAVEEN KUMAR GOSWAMI Petitioner No. 2

AFFIDAVIT OF PETITIONER NO. 2 AS PER JUDGMENT

DATED 15.05.2018 PASSED BY THE HON’BLE HIGH COURT
OF DELHI IN THE MATTER OF RAJAT GUPTA VS RUPALI
GUPTA IN CONT. CASE (C) 772/2013

I, SH. PRAVEEN KUMAR GOSWAMI, S/O LT. SH. KEWAL

KISHAN GOSWAMI, R/O H. NO. M.B. 15, MASTER BLOCK,
SHAKARPUR BRAMAD, EAST DELHI – 110092, do hereby solemnly
affirm and declare as under:

1. That the deponent is the petitioner no. 2 in the above noted petition
and fully conversant to swear this affidavit.
2. That the deponent got married with the petitioner no. 1 on
22.01.2006 at Birla Mandir, Mathura U.P. as per Hindu rites
and customs.
3. That out of the said wedlock of the petitioners, a ma l e c h i l d n a
me l y
SAKSHAM GOSWAMI was born on d a t e d 0 3 . 04 . 20 08 .
4. That the parties to the petition are living separately since 20.06.2019.
5. That the parties to the petition have mutually agreed to dissolve the
marriage by mutual consent by a decree of divorce by this Hon’ble
 court.
6. That the parties have arrived at a settlement on following terms and
conditions.

I. That it is agreed between both the parties that they would file a
petition jointly for grant of divorce by mutual consent in
accordance with law as provided u/s 13B of HMA act.
II. That it has been agreed between the parties that they shall get
their marriage dissolved by a decree of divorce by way of mutual
consent by filing petitions under section 13B (1) and 13B (2) of
HMA 1955 upon the terms contained in the present settlement
agreement. It has been further agreed between the parties that the
petition 13B(1) shall be filed within fifteen days of signing and
execution of the present MoU/agreement before the proper and
competent court. The parties further undertake to file the second
motion petition 13B (2) after the expiry of statutory period of six
months as per accordance of the law or as permitted by the
Hon’ble court. Both the parties undertake that they shall not
withdraw their consent to proceed with the filing of the second
motion petition and seeking divorce by way of mutual consent
subject to fulfilment of the terms of the present settlement
agreement.
III. That it has been agreed between the parties that the petitioner no.
1 does not want any maintenance (past, present and future),
permanent alimony, istridhan, jewelry etc. from petitioner no. 2
and waive off all her past, present and future claims from the
petitioner no. 2.
IV. That the parties have now decided to dissolve the marriage
legally through a decree of divorce by mutual consent. With the
present mutual understanding, arrived between the parties hereto
 it is agreed that all the past, present and future claims of the
petitioner no. 1 and her family members shall stand settled in all
respect and the petitioner no. 1 undertakes not to claim anything
in present and whatsoever in future from the petitioner no. 2.
V. That if either of the parties has filed any complaint which is not
in the knowledge of either of the parties in any court of law
or any other authority in New Delhi or in any part of India then
it shall deem to be considered as compromised and withdrawn
and shall not have any legal effect.
VI. That both the petitioners, their family members, relatives, friends
etc. shall not possess / share/ circulate to anyone or on social
media etc. any picture, video, audio or text messages/ emails,
chats or any other confidential communication etc. related to
each other. In the above mentioned condition, the victim party
shall take legal action against the culprit party. Both the
petitioners undertake to delete any picture, video, audio or text
messages/ emails, chats or any other confidential communication
etc. related to each other, if they possess any.
VII. That the mutual consent has not been obtained by force, fraud,
undue influence, coercion, duress, misrepresentation, promise or
pressure from any quarter whatsoever.
VIII. That it is agreed between both the parties that the custody of the
minor male child namely SAKSHAM GOSWAMI shall remain
with the petitioner no. 2 and the petitioner no. 1 shall not claim
custody of the child but the petitioner no. 1 will have visitation
rights once in a month and the petitioner no. 2 shall be the
guardian of the child for all intent and purposes.
IX. That it is agreed between both the parties that either of the parties
shall not claim any right whatsoever in the movable and
 immovable properties of each other.
X. That it is agreed between both the parties that on the completion
of the terms above, they shall not be left with any claims towards
each other and shall not litigate in future against each other qua
this marriage.
XI. That it is agreed between both the parties that on the completion
of the terms and conditions of the present MoU/settlement, the
parties shall be free to live their life independently without
interference of any kind from each other’s side.
XII. That the settlement agreement/ MoU has been executed between
the parties voluntarily after examining all the probabilities and
implications thereof without any force, fraud, undue influence,
coercion, duress, misrepresentation, promise or pressure from
any quarter whatsoever. Pursuant to the signatures on the present
settlement, both the parties shall not interfere in the lives of each
other in any manner including personal, oral, electronic or
telephonic and also will not make any allegation against each
other and/or their respective family members.
XIII. That it is agreed between both the parties that they have settled
all their claims against each other and either of the parties will
not have any future claim towards each other in any respect
whatsoever.
XIV. That the present MoU/settlement deed is effective and
enforceable from the date of its execution and shall remain
effective and binding and form part of the decree for mutual
consent.
XV. That the parties, hereinabove have taken a decision to break their
matrimonial ties keeping in view their future welfare and
prospects.
 XVI. That contents of the MoU/settlement deed have been read over to
the parties and they have been explained the terms of this
settlement deed and the have understood the same to be true and
shall be governed by the same.

7. That the present petition is not being filed in collusion and there is
no unnecessary and improper delay in filing of this petition.
8. That the deponent undertake to abide by the settlement arrived at
between the petitioners as mentioned in para no. 6.
9. That the deponent undertake to abide by the stipulation as contained
in the judgment dated 15.05.2018 passed by the HON’BLE HIGH
COURT OF DELHI in the matter of RAJAT GUPTA VS RUPALI
GUPTA IN CONT. CASE (C) 772/2013.
10.That CD/marriage photographs/marriage card of the wedding of the
parties are presently not in possession of any of the parties as the
same has been lost.
11.That the accompanying petition u/s section 13B(2) of HMA 1955
has been drafted by my counsel under my instructions and contents
of the same have been read over to me in my vernacular and the
same are true and correct.
12.That the accompanying petition u/s section 13B(2) of HMA 1955
may kindly be read as part and parcel of the reply of this affidavit
which are not stated herein for sake of brevity.

Deponent
Verification:
Verified at Delhi on this 13th October 2023 that all the contents of above
affidavit are correct and true to the best of my knowledge and nothing
material has been concealed therefrom.

Deponent