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

INDEX

S.NO. PARTICULARS PAGES C.F.

1. MEMO OF PARTIES
2. PETITION FOR DISSOLUTION OF
MARRIAGE BY WAY OF DECREE
U/S 13B(1) HMA 1955 ALONGWITH
AFFIDAVITS OF PETITIONERS
3. APPLICATION U/S 151 CPC FOR
WAIVING OFF THE STATUTORY
PERIOD A/W AFFIDAVITS
4. LIST OF DOCUMENTS ALONG
WITH DOCUMENTS
5. VAKALATNAMA

PETITIONER NO. 1 PETITIONER NO. 2

THROUGH

COUNSEL COUNSEL

DELHI
DATED 13.10.2023
 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 GOSWAM …Petitioner No. 1

AND

PRAVEEN KUMAR GOSWAMI …Petitioner No. 2

MEMO OF PARTIES

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 - 92
And also at: H. NO. 8, SHANKAR NAGAR,
KRISHNA NAGAR, MATHURA Petitioner No. 1

AND

SH. PRAVEEN KUMAR GOSWAMI

S/O LT. SH. KEWAL KISHAN GOSWAMI
R/O H. NO. M.B. 15, MASTER BLOCK,
SHAKARPUR BRAMAD,
EAST DELHI – 92 Petitioner No. 2

PETITIONER NO. 1 PETITIONER NO. 2

THROUGH

COUNSEL COUNSEL

DELHI
DATED 13.10.2023
 IN THE HON’BLE COURT OF PRINCIPAL
JUDGE FAMILY COURTS, EAST DISTT., KKD
COURTS, DELHI
HMA PETITION NO. OF 2023

IN THE MATTER OF:-

SMT. TANVI GOSWAMI Petitioner No. 1

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

AND

SH. PRAVEEN KUMAR GOSWAMI Petitioner No. 2

S/O LT. SH. KEWAL KISHAN GOSWAMI
R/O H. NO. M.B. 15, MASTER
BLOCK, SHAKARPUR BRAMAD,
EAST DELHI - 110092

JOINT PETITION UNDER SECTION 13 B( 2 ) OF THE

HMA 1955 FOR DISSOLUTION OF MARRIAGE BY A
DECREE OF DIVORCE BY MUTUAL CONSENT

MOST RESPECTFULLY SHOWETH:-

1. That the parties to the present petition had filed a petition u/s

13B(1) of Hindu Marriage Act 1955. The said petition was allowed

by the Hon’ble court of Sh. SANJEEV JAIN, PJ, Family Courts,

 EAST DISTT., KKD, Delhi vide order dated 31.08.2023. The copy

of the order dated 31.08.2023 is annexed herewith.

2. That the marriage between the parties was solemnized on dated

22.01.2006 at Birla Mandir, Mathura U.P. as per Hindu rites

and customs.

3. That the said marriage consummated a n d a m a l e c h i l d

namely SAKSHAM GOSWAMI was born out

of said wedlock on dated 03.04.2008. Due to

certain matrimonial differences and discords,

the parties are living separately since

2 0 . 0 6 . 2 0 1 9 . The particulars showing the details of age, status

and residence of the parties to the present petition is given

hereunder:-

PETITIONER NO. 1 / WIFE

STATUS AGE ADDRESS

BEFORE MARRIAGE 20 years H. NO. 8, SHANKAR

NAGAR
UNMARRIED KRISHNA NAGAR,
MATHURA
AT THE TIME OF 37 years H. NO. 8, SHANKAR
NAGAR
FILING OF PETITION KRISHNA NAGAR,
MATHURA
MARRIED
 PETITIONER NO. 2 / HUSBAND

STATUS AGE ADDRESS

BEFORE MARRIAGE 25 years M. B. 15, MASTER

BLOCK,
UNMARRIED SHAKARPUR
BRAMAD,
EAST DELHI
– 110092
AT THE TIME OF 42 Years M.B. 15, MASTER
BLOCK,
FILING OF PETITION SHAKARPUR
BRAMAD,
MARRIED EAST DELHI –
110092

4. That the parties could not adjust with each other due to temperamental

differences and their marriage has broken down irretrievably and it is

now not possible between the parties to live as husband and wife any

more.

5. That all the efforts of reconciliation between the parties to continue the

present marriage has failed and there are no further chances of

reconciliation between the parties any more.

6. That the parties have been residing separately since 20TH JUNE 2019 since

then, there has never been cohabitation between the parties.

7. 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.

8. That the parties have arrived at a settlement/MoU 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.

9. That the present petition is not being filed in collusion and there is no

unnecessary and improper delay in filing of this petition.

10.That there are no other divorce proceedings pending before any other court.

11.That there are no legal impediments in grant of the decree of divorce to the

parties on the basis of mutual consent.

12.That the last residing of both the petitioners and the present address of the

petitioner no. 2 lie within the territorial jurisdiction of this Hon’ble court

and thus, this court has jurisdiction to entertain this present petition.

13. That there is no unnecessary and improper delay in filing of this petition.

14. That the requisite court fee has been affixed on the petition.

PRAYER

It is therefore most respectfully prayed that this Hon’ble court

may graciously be pleased to allow the present petition for dissolution of

marriage by mutual consent and grant a final decree of divorce under

section 13B(2) of Hindu Marriage Act 1955 in the interest of justice.

Any other order which the Hon’ble court may deem fit and proper
 in the facts and circumstances of the present case be also passed in favour

of the petitioners.

PETITIONER NO.1 PETITIONER NO. 2

THROUGH

COUNSEL COUNSEL

VERIFICATION:-

We the above named petitioners do hereby verify on this 13th October 2023
that the contents of the above petition from paras 1 to 14 are true and correct
to my knowledge and last para is prayer to this Hon'ble Court. The above
contents have been read over and explained to us in vernacular language and
we have understood the same and nothing material has been concealed
therefrom.

PETITIONER NO.1 PETITIONER NO.2

 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

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 male child
namely Saksham Goswami was born on dated 03.04.2008.
4. That the parties to the petition are living separately since
20.06.2019.
5. That the deponent has agreed to dissolve the marriage by mutual
consent out of free will without any coercion, undue influence,
force, forgery etc.
 6. That the deponent has settled all his claims against the petitioner
no. 2 and either of the parties will not have any future claim
towards each other in any respect whatsoever.
7. 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.
8. That the present petition is not being filed in collusion.
9. That there is no unnecessary and improper delay in filing of this
petition.
10.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.
11.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 13 th 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

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 male child
namely Saksham Goswami was born on dated 03.04.2008.
4. That the parties to the petition are living separately since
20.06.2019.
5. That the deponent has agreed to dissolve the marriage by mutual
consent out of free will without any coercion, undue influence,
force, forgery etc.
 6. That the deponent has settled all his claims against the petitioner
no. 2 and either of the parties will not have any future claim
towards each other in any respect whatsoever.
7. 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.
8. That the present petition is not being filed in collusion.
9. That there is no unnecessary and improper delay in filing of this
petition.
10.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.
11.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

JOINT APPLICATION U/S 151 CPC ON BEHALF OF THE

PETITIONERS FOR WAIVING OFF STATUTORY PERIOD OF SIX
MONTHS IN FILING THE SECOND MOTION PETITION U/S 13B(2)
OF HMA 1955

MOST RESPECTFULLY SHOWETH

1. That petitioner nos. 1 and 2 have filed second motion petition u/s
13B(2) of HMA 1955 before this Hon’ble court. The contents of the
same are not being repeated herein for the sake of brevity and may ne
read part and parcel of this application.
2. That the parties to the present petition on the account of the
temperamental differences, were living separately since 20.06.2019
and there is no cohabitation between them since then. Several efforts
were made by the family members of both the sides but no fruitful
results yielded and finally both the petitioners have mutually decided
to end their marriage by way of decree of divorce through mutual
consent.
3. That the petitioners have genuinely settled all their differences and
disputes pertaining to alimony, istridhan whatsoever and there is no
 pending issues between the parties.
4. That both the parties are of young age. There are bright chances of
getting their life started afresh once all the disputes between the
parties come to an end. As there is no interference of the petitioners
into the personal life of each other and no fruitful result shall yield if
the marriage between the parties is continued for the interregnum
statutory period of six months for the second motion petition.
5. That in view of the judgment titled as Amardeep Singh vs Harveen
Kaur, Civil Appeal no. 11158/2017, passed by the Hon’blr Supreme
court of India on dated 12.09.2017, the petitioners crave the leave of
this Hon’ble court to exercise its discretionary power to waive off the
statutory period of six months in filing for the second motion petition.
PRAYER

It is, therefore, most respectfully prayed that this Hon’ble

court may graciously be pleased to waive off the six months waiting

period in filing the second motion petition in the interest of justice.

PETITIONER NO. 1 PETITIONER NO. 2

THROUGH

COUNSEL COUNSEL

DELHI
DATED 13.10.2023
 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

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 I am the petitioner no. 1 in the abovementioned matter and

fully conversant with the facts and circumstances of the case,
therefore, fully competent to sign and swear this affidavit.
2. That the details provided in the accompanying joint
application has been drafted by my counsel under my
instructions and contents thereof have been read over to
and explained to me in a vernacular language which I
admit to be correct to the best of my knowledge and
nothing material has been concealed therefrom. The same
are not being repeated here for the sake of brevity.

DEPONENT
VERIFICATION:
Verified at New Delhi on this 13 t h October 2023 that the
contents of this affidavit are true and correct to 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

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 I am the petitioner no. 2 in the abovementioned matter and
fully conversant with the facts and circumstances of the case,
therefore, fully competent to sign and swear this affidavit.
2. That the details provided in the accompanying joint
application has been drafted by my counsel under my
instructions and contents thereof have been read over to
and explained to me in a vernacular language which I
admit to be correct to the best of my knowledge and
nothing material has been concealed therefrom. The same
are not being repeated here for the sake of brevity.

DEPONENT
VERIFICATION:
Verified at New Delhi on this 13 t h October 2023 that the
contents of this affidavit are true and correct to my knowledge
and nothing material has been concealed therefrom.
DEPONENT