Family court, dwarka courts, new delhi

IN THE MATTER OF:

SHRI VIKAS KUMAR …PETITIONER NO.1

AND

SMT.ANJALI SHARMA …PETITIONER NO.2

INDEX

DATED: .11.2020

PETITIONER NO.1 PETITIONER NO.2

VIKAS KUMAR SMT. ANJALI SHARMA

THROUGH THROUGH

A.K.ROY MUKESH NARAYAN

ADVOCATE ADVOCATE

IN THE HON’BLE COURT OF PRINCIPAL JUDGE,

FAMILY COURT, DWARKA COURTS, NEW DELHI

H.M.A. OF 2020

IN THE MATTER OF:

SHRI VIKAS KUMAR

S/O SHRI GOPAL PRASAD,

R/O D-1/245, MAHAVIR ENCLAVE,

GALI NO.5, PALAM VILLAGE,

NEW DELHI-110045 …PETITIONER NO.1

AND

SMT. ANJALI SHARMA

W/O SHRI VIKAS KUMAR,

D/O SHRI BHOJRAJ SHARMA,

R/O 78, KANAHIYA TOLA,

BARA BAZAAR, BAREILY,

UTTAR PRADESH-243003 …PETITIONER NO.2

NEW DELHI

DATED: .11.2020

PETITIONER NO.1 PETITIONER NO.2

VIKAS KUMAR SMT. ANJALI SHARMA

THROUGH THROUGH

A.K.ROY MUKESH NARAYAN

ADVOCATE ADVOCATE

IN THE MATTER OF:

Shri Vikas Kumar

S/O Shri Gopal Prasad,

R/O D-1/245, Mahavir Enclave,

Gali No.5, Palam Village,

New Delhi-110045 …PETITIONER NO.1

AND

SMT. ANJALI SHARMA

W/O Shri Vikas Kumar ,

D/O Shri Bhojraj Sharma,

R/O 78, Kanahiya Tola,

Bara Bazaar, Bareily,

Uttar Pradesh-243003 …PETITIONER NO.2

P.S-PALAM VILLAGE

FIRST MOTION

PETITION UNDER SECTION 13-B (1) OF HNIDU MARRIAGE ACT, 1955 (NO.25 OF 1955) AS AMENDED UPTO DATE FOR DISSOLUTION OF MARRIAGE BY THE DECREE OF DIVORCE BY WAY OF MUTUAL CONSENT

MOST RESPECTFULLY SHOWETH:

1. That the love marriage between the petitioner No.1 & Petitioner No.2 were solemnized on 28.08.2018 at Arya Samaj Mandir Trust, New Delhi, Dwarka Sector-10, Dwarka , New Delhi according to Hindu rites and ceremonies, both the parties were/are Hindu at the time of marriage and at time of filing the present petition and affidavit to this effect is attached herewith.

2. That the status, is and place of Residence of the petitioners to the petition at the time of marriage and at the time of living the present petition were/was as follows:

BEFORE MARRIAGE

4. That during the stay in the matrimonial house, the petitioner No.1 and petitioner No.2 was duly co-habited and consummated, however no child was born out of the said wedlock. That the love and affection between the petitioners has been deteriorated as they have not found the hollow assurance/promises given to each other and started disrespect and on the petty issues they started fighting verbally and using abusive language towards each other which bring both of them to non-conciliation situation and their temperaments also pull down not to live together peacefully and smoothly being of different habits, ideas, thoughts, tastes and could not ever adjust themselves during the stay in matrimonial home.

5. That the parents of the both the petitioners time and again intervenes and pacified and make them understand not to fight with each other being a husband and wife as both have to respect each other’s sentiments and then family will run peacefully and smoothly. That after marriage and during stay together both the petitioners realized that their decision to get love marriage was a mistake and taken in haste and further realized that they cannot live as husband and wife and lead their life together. The petitioner No.2 alleged various allegation during the stay and counter allegation by the Petitioner No.1 and the Petitioner No.2 has left the matrimonial house in April, 2019 and went to her parental house and since then they are living separately and there is no cohabitation thereafter between them.

6. That the petitioner No.2 through his father lodged an FIR in P.S. Mahila Thana, District Bareily vide FIR NO.0067/2019 dated 03.05.2019 U/S 498A/323/506/504 IPC and section 3 & 4 of Dowry Prohibition Act, 1961 against the Petitioner No.1 and his family members. The Petitioner No.2 has alleged number of allegations in the said FIR as both the petitioner have no liking to each other and therefore the allegations and the counter allegations between the petitioner and family members were going on. However, in the light of their adamant attitude and disliking to each other. Both were decided not to live together. Further, with the intervention and efforts of elders and respectable relatives, it is decided between the petitioner NO.1 & Petitioner NO.2 to resolve their dispute amicably with the terms and conditions and the MOU has been executed between them.

7. That looking at their temperamental differences and adamant attitude it has been found that both the petitioners cannot live under one roof as they cannot bear with each other and the petitioners have mutually agreed there is no point for them to continue with the marital relationship and further agreed upon for dissolution of marriage for their marital tie mutually and amicably settle in their interest and executed a Memorandum Of Understanding in presence of their parents and respectable relatives with the following terms and conditions on November, 2020 (the copy of Memorandum of Understanding is annexed herewith for the kind perusal of this Hon’ble Court.

A. That it agreed between and by the parties that both the parties shall move an application or file a petition for mutual divorce and the second party undertakes to co-operate the first party in taking the divorce by way of mutual consent and the second party further undertakes to appear before competent courts and give consent in getting divorce by way of mutual consent. Copy of the id proof of the petitioners is annexed herewith and marked as A-4.

B. That however the marriage between the parties was love marriage, the second party has settled all her disputes with the first party regarding stridhan, permanent alimony, maintenance (past, present and future) and it is settled between the first party and second party that the first party shall pay a sum of Rs. 4, 00,000/- (Rupees Four Lakhs Only) against all past, present and future maintenance permanent alimony.

C. That it is agreed between and by the parties that the first party shall pay a sum of Rs.1, 00,000/- (Rupees one Lakh Only) by way of Demand Draft to the second party at the time of recording the statement in the first motion petition of divorce by way of mutual consent. It is also agreed that nothing has been left to be paid or returned except the amount agreed between and by the parties in the present of M.O.U.

D. That it is agreed between and by the parties that the first party shall pay a sum of Rs 3, 00,000/- (Rs. Three Lakhs Only) by way of Demand Draft to the second party at the time of recording of statement in second motion petition of divorce by way of mutual consent.

E. That after receiving the above said settlement amount, the second party shall not claim from the first party or his family members of any amount of any nature in future.

F. That it has also been agreed between and by the parties that if the second party backs out from this M.O.U. after receiving the first installment of Rs. 1, 00,000/- (Rupees One Lakh Only) from the first party, then the second party is liable to pay the double amount of said installment to the first party and also shall face criminal repercussions, if she denies.

G. That it has also been agreed between and by the parties that if the first party backs out from this M. O. U., then the amount of Rs. 1,00,000/- ( Rupees One Lakh Only) which has been given by the first party to the second party, shall be forfeited and also the first party face the appropriate criminal proceedings.

H. That it has also been agreed between and by the parties that both will appear before the competent court and will execute all necessary documents for obtaining divorce by way of mutual consent.

I. That it is also agreed between and by the parties that the second party shall withdraw all cases which have been filed by her against the first party and his family members after recording of the statement in first motion petition of divorce by way of mutual consent.

J. That it is also agreed between and by the parties that the second party also cooperate the first party for quashing of the FIR which has been lodged by the second party against the first party and his family members and also give affidavit in this regard and if need be second party will appear before Court concerned proceedings.

K. That it is also agreed between and by the parties that both the parties will withdraw all the cases/complaints, if any, which have been filed by them against each other and their family members in any courts of law/police station/Forum, if any in any form.

L. That it is also agreed between and by the parties that both the parties will not file any case/complaint before any court or Forum in future against each other and their family members.

M. That it is also agreed between and by the parties that both the parties are free to lead their lives independently.

N. That both the parties undertake to abide by the terms elaborated in this Memorandum of Understanding. That with this Memorandum of Understanding now there shall remain no more dispute, differences, litigation, claim or counter claims between the parties and the parties shall take necessary steps and actions to implement this Memorandum of Understanding in its letter and spirit.

O. That this Memorandum of Understanding has been executed voluntarily by both the parties on their own free will and accord and without any pressure, inducement, force, compulsion or threat whatsoever.

Q. That the parties to this Memorandum of Understanding are of sound health and mind. They understand all the pros and cons of their acts, conducts and its connected implications.

8. That both the petitioners 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.

9. That the mutual consent has not been obtained by force, fraud or undue influence.

10. That the petition is not presented before this Hon’ble court in collusion between the parties.

11. That there has not been unnecessary or improper delay in instituting the proceedings.

12. That there is no other legal ground why relief as prayed should not be granted.

13. That the petitioner No.1 and the petitioner No.2 lastly resided together as husband and wife at the given address i.e. D-1/245, MAHAVIR ENCLAVE, GALI NO.5, PALAM VILLAGE, NEW DELHI-110045. The petitioner No.1 and the petitioner No.2 lastly resided together as husband and wife at Palam Village, New Delhi, at the above given addresses which falls 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.

14. That there have not been any previous proceedings between the parties with regard to the marriage in any court of Delhi or anywhere in India.

15. That the requisite court Fee has been affixed on the petition.

PRAYER

In view of the above facts and circumstances, the petitioners, therefore, most humbly and respectfully prayed that the marriage between the parties may kindly be dissolved by a decree of divorce under mutual consent under Section 13-B(1) of Hindu Marriage Act, 1955 in the interest of justice.

NEW DELHI

DATED: .11.2020

PETITIONER NO.1 PETITIONER NO.2

VIKAS KUMAR SMT. ANJALI SHARMA

THROUGH THROUGH

A.K.ROY MUKESH NARAYAN

ADVOCATE ADVOCATE

VERIFICATION:

We, the above named petitioners, do hereby state and verify on solemn affirmation that the contents of Para No.1 to 7 of the above petition are true and correct to my knowledge and Para No.9 to 15 are based on the information received and believed to be true by him. Last Para is PRAYER to this Hon’ble Court.

Verified at NEW DELHI on this day of November, 2020

PETITIONER NO.1 PETITIONER NO.2

IN THE MATTER OF:

SHRI VIKAS KUMAR …PETITIONER NO.1

AND

SMT.ANJALI SHARMA …PETITIONER NO.2

1. PHOTOCOPY OF THE AADHAR CARD OF PETITIONER NO.1

2. PHOTOCOPY OF THE AADHAR CARD OF PETITIONER NO.2

3. MARRIAGE PHOTOGRAPH

4. MARRIAGE CERTIFICATE ISSUED BY ARYA SAMAJ MANDIR TRUST

5. REGISTERED MARRIAGE CERTIFICATE ISSUED BY DISTRICT MAGISTRATE, DWARKA, DISTRICT SOUTH WEST, NEW DELHI

6. PHOTOCOPY OF THE MEMORANDUM OF UNDERSTANDING DATED NOVEMBER, 2020

7. Copy of the FIR

7. ANY OTHER DOCUMENT/S WITH THE PERMISSION OF THIS HON’BLE COURT

8. DEMAND DRAFT

NEW DELHI

DATED: .11.2020

PETITIONER NO.1 PETITIONER NO.2

VIKAS KUMAR SMT. ANJALI SHARMA

THROUGH THROUGH

A.K.ROY MUKESH NARAYAN

ADVOCATE ADVOCATE

IN THE HON’BLE COURT OF PRINCIPAL JUDGE,

IN THE MATTER OF:

SHRI VIKAS KUMAR …PETITIONER NO.1

AND

SMT.ANJALI SHARMA …PETITIONER NO.2

I, vikas kumar, AGED ABOUT 23 YEARS S/O SHRI GOPAL PRASAD, R/O D-1/245, MAHAVIR ENCLAVE, GALI NO.5, PALAM VILLAGE, NEW DELHI-110045, 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 this present affidavit.

2. That my love marriage with the Petitioner No.2 was solemnized on 28.08.2018 at Arya Samaj Mandir, New Delhi, according to Hindu rites and ceremonies.

3. That the mutual consent has not been obtained by force, fraud or undue influence or pressure.

4. That the petitioner No.1 and petitioner No.2 are residing separately since April, 2019 and since then there is no cohabitation between the parties.

5. That the petition is not presented before this Hon’ble Court in collusion between the parties.

6. That the accompanying petition under Section 13-B(1) of Hindu Marriage Act,1955 for grant of divorce by way of mutual consent has been drafted by my counsel under my instructions. The same has been read over and explained to me in my vernacular language and I say that the same is true and correct to the best of my knowledge and belief.

7. That the contents of the accompanying petition under Section 13-B(1) of Hindu Marriage Act,1955 for grant of divorce by way of mutual consent may kindly be read as part and parcel of this affidavit as the same have not been repeated herein for the sake of brevity.

DEPONENT

Verified at New Delhi on this day of November, 2020 that the contents of my affidavit are true and correct to the best of my knowledge and belief and nothing material has concealed therefrom.

DEPONENT

IN THE HON’BLE COURT OF PRINCIPAL JUDGE,

FAMILY COURT, DWARKA COURTS, NEW DELHI

H.M.A. OF 2020

IN THE MATTER OF:

SHRI VIKAS KUMAR …PETITIONER NO.1

AND

SMT.ANJALI SHARMA …PETITIONER NO.2

I, SMT. ANJALI SHARMA, AGED ABOUT 24 YEARS W/O SHRI VIKAS KUMAR, D/O SHRI BHOJRAJ SHARMA, R/O 78, KANAHIYA TOLA, BARA BAZAAR, BAREILY, UTTAR PRADESH-243003, 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 this present affidavit.

2. That my love marriage with the Petitioner No.1 was solemnized on 28.08.2018 at Arya Samaj Mandir, New Delhi, according to Hindu rites and ceremonies.

3. That the mutual consent has not been obtained by force, fraud or undue influence or pressure.

4. That the petitioner No.1 and petitioner No.2 are residing separately since April, 2019 and since then there is no cohabitation between the parties.

5. That the petition is not presented before this Hon’ble Court in collusion between the parties.

6. That the accompanying petition under Section 13-B(1) of Hindu Marriage Act,1955 for grant of divorce by way of mutual consent has been drafted by my counsel under my instructions. The same has been read over and explained to me in my vernacular language and I say that the same is true and correct to the best of my knowledge and belief.

7. That the contents of the accompanying petition under Section 13-B(1) of Hindu Marriage Act,1955 for grant of divorce by way of mutual consent may kindly be read as part and parcel of this affidavit as the same have not been repeated herein for the sake of brevity.

DEPONENT

Verified at New Delhi on this day of November, 2020 that the contents of my affidavit are true and correct to the best of my knowledge and belief and nothing material has concealed therefrom.