IN THE COURT OF HONBLE DISTRICT JUDGE: DELHI: H.M.A. NO.

2007 In the matter of Shri Naveen Kumar Maheshwari AND Smt. Sarita Devi INDEX -----------------------------------------------------------------------------------------------------------SL. NO. PARTICULARS PAGES COURT FEE -----------------------------------------------------------------------------------------------------------1. 2. Memo of Parties. Petition U/S 13-B (1) of Hindu Marriage Act for dissolution of marriage. Affidavit of petitioners in support of petition. Copy of settlement/ pronote Vakalatnama ... Petitioner No.2 ... Petitioner No.1

3. 4. 5.

-----------------------------------------------------------------------------------------------------------Delhi Dated Petitioners Through Harish Kumar Garg Advocate Kumar Complex T-1433A/SF-2, Wazir Nagar Kotla Mubarak Pur, New Delhi -3

IN THE COURT OF HONBLE DISTRICT JUDGE: DELHI: H.M.A. NO. 2007 In the matter of Shri Naveen Kumar Maheshwari AND Smt. Sarita Devi ... Petitioner No.2 ... Petitioner No.1

MEMO OF PARTIES

Shri Naveen Kumar Maheshwari S/o. Late Shri Ramesh Chand Sumani R/o. K-21/11A, Gali No. 14, Gangotri Vihar, Paschim Gohra, Delhi. AND Smt. Sarita Devi W/o. Shri Naveen Kumar Maheshwari D/o. Shri Ramesh Kumar Maheshwari R/o. House No. 10479, Manak Pura, Karol Bagh, Delhi-5 Delhi Dated

... Petitioner No.1

... Petitioner No.2

Through Harish Kumar Garg Advocate Kumar Complex T-1433A/SF-2, Wazir Nagar Kotla Mubarak Pur, New Delhi -3

IN THE COURT OF HONBLE DISTRICT JUDGE: DELHI H.M.A. NO. 2007

Shri Naveen Kumar Maheshwari S/o. Late Shri Ramesh Chand Sumani R/o. K-21/11A, Gali No. 14, Gangotri Vihar, Paschim Gohra, Delhi. AND Smt. Sarita Devi W/o. Shri Naveen Kumar Maheshwari D/o. Shri Ramesh Kumar Maheshwari R/o. House No. 10479, Manak Pura, Karol Bagh, Delhi-5

... Petitioner No.1

... Petitioner No.2

PETITION FOR DISSOLUTION OF MARRIAGE BY DECREE OF DIVORCE ON MUTUAL CONSENT UNDER SECTION 13-B (1) OF THE HINDU MARRIAGE ACT 1955

RESPECTFULLY SHOWETH:-

1.

That the marriage between the parties was solemnized on 02.02.2006 in accordance with the Hindu rites and customs at Delhi. The affidavits duly attested are annexed with this petition.

2. That the status and place of residence of the parties to the marriage before the marriage and at the time of filing the present petition are as follows. HUSBAND -----------------------------------------------------------------------------------------------------------STATUS AGE PLACE OF RESIDENCE -----------------------------------------------------------------------------------------------------------Before Hindu marriage Bachelor 24 Years K-21/11A, Gali No. 14, Gangotri Vihar, Paschim Gohra, Delhi. -----------------------------------------------------------------------------------------------------------At the time Hindu K-21/11A, Gali No. 14, of this petition Married 25 Years Gangotri Vihar, Paschim Gohra Delhi. ----------------------------------------------------------------------------------------------------------

WIFE -----------------------------------------------------------------------------------------------------------STATUS AGE PLACE OF RESIDENCE -----------------------------------------------------------------------------------------------------------1. Before Hindu H.No. 10479, Manak Pura marriage virgin 21 years Karol Bagh, Delhi-5. -----------------------------------------------------------------------------------------------------------2. At the time Hindu of petition. married 22 Years H.No. 10479, Manak Pura, Karol Bagh, Delhi-5.

3.

That due this wedlock no child was born. That due to the temperamental differences and behavior of the parties, they are residing separately from each other from 10.04.2006 and since then there is no cohabitation between them.

4.

5. That all efforts made by the parties concerned and their family members and well wishers have been failed, there is no chances between them to reunion the matrimonial tie and they have decided to dissolve their marriage by decree of mutual consent.
6.

That all claims between the parties have been settled mutually in terms of the mutual agreement entered between the parties on 30.08.2006. The contents of the said

agreement are not reproduced and it may be read as part and parcel to this petition. The agreement is annexed with this petition as ANNEXURE `A`.
7.

That all claims between

the parties with respect of Istridhan, maintenance, past,

present and future, for permanent alimony, dowry articles etc. have already been settled between the parties and in lieu of said settlement, the petitioner No.1 has agreed to pay total sum of Rs.70,000/- (Rupees Seventy Thousand only) to the petitioner No.2 in full and final settlement. Out of this amount, the petitioner no. 2 had already received a sum of Rs. 35000/- (Rupees Thirty Five Thousand only) by draft mentioned in the above agreement in the women cell. The remaining amount

of Rs. 35000/- (Rupees Thirty Thousand Only) shall be paid by the petitioner No. 1 to the petitioner no. 2 at the time of statement of the parties in the second motion petition before the court by draft.

8.

That on receipt of the said amount by the petitioner no. 2 from the petitioner no. 1, nothing shall be due and payable by the petitioner no.1 to petitioner no. 2.

9.

That the parties to this petition have mutually agreed that the there marriage should be dissolved.

10. That the mutual consent has not been obtained by any force, fraud or undue influence. 11. That the petition is not presented in collusion. 12. That there is no other legal ground, why relief should not be granted. 13. That the marriage was solemnized at Delhi. The petitioners are residing at Delhi,

hence this Hon'ble court has jurisdiction to entertain the present petition.

Prayer

In view of above submissions the petitioners pray that the marriage between them may kindly be dissolved by a decree of divorce on mutual consent in the interest of justice. Delhi Dated Petitioner No. 1 Petitioner No. 2 Through Harish Kumar Garg Advocate Kumar Complex T-1433A/SF-2, Wazir Nagar Kotla Mubarak Pur, New Delhi -3

Verification :

We, Naveen Kumar Maheshwari and Sarita Devi, the above named petitioners state on solemnly affirmation that paras of 1 to 11 of our petition are true and correct to our knowledge and belief and paras 12 to 13 are true and correct on information received and believed to be true and last para is prayer to this Hon'ble court.

Verified at Delhi on this _____ day of June, 2007.

Petitioner No. 1

Petitioner No. 2.

IN THE COURT OF HONBLE DISTRICT JUDGE: DELHI:

H.M.A. NO. 2007 In the matter of Shri Naveen Kumar Maheshwari AND Smt. Sarita Devi AFFIDAVIT I, Naveen Kumar Maheshwari S/o. Late Shri Ramesh Chand Sumani , R/o. K-21/11A, Gangotri Vihar, Paschim Gohra, Delhi, do hereby solemnly affirm and declare as under: 1. That I am the Petitioner No.1 in the accompanying petition under section 13-B (1) of the Hindu Marriage Act and conversant with the facts and circumstances of the case.
2.

... Petitioner No.1

... Petitioner No.2

That I am Hindu by religion and I was married with the Petitioner No.2 on 02.02.2006 at Delhi, in accordance with the Hindu Rites and Customs.

3.

That the accompanying petition has been drafted under my instruction, I have read over the contents of the petition and found the same are true and correct. The contents of the petition may be read as part and parcel to this affidavit being not repeated for sake of brevity.

Deponent Verification: I Naveen Kumar Maheshwari, the above named petitioner do hereby on solemnly

affirmation do hereby verify that the contents of my above affidavit are true and correct to my best knowledge and belief and nothing material has been conceded therefrom. Verified at Delhi on this ____ day of June 2007. Deponent IN THE COURT OF HONBLE DISTRICT JUDGE: DELHI: H.M.A. NO. 2007 In the matter of

Shri Naveen Kumar Maheshwari AND Smt. Sarita Devi AFFIDAVIT

... Petitioner No.1

... Petitioner No.2

I, Sarita Devi W/o. Shri Naveen Kumar Maheshwari D/o. Shri Ramesh Kumar Maheshwari, R/o. 10479, Manak Pura, Karol Bagh, Delhi-5, do hereby solemnly affirm and declare as under:
1.

That I am the Petitioner No.2 in the accompanying petition under section 13-B (1) of the Hindu Marriage Act and conversant with the facts and circumstances of the case.

2.

That I am Hindu by religion and I was married with the petitioner No.1 on 02.02.2006 at Delhi, in accordance with the Hindu Rites and Customs.

3.

That the accompanying petition has been drafted under my instruction, I have read over the contents of the petition and found the same are true and correct. The contents of the petition may be read as part and parcel to this affidavit being not repeated for sake of brevity. Deponent

Verification: I, Sarita Devi, the above named petitioner no. 2 do hereby on solemnly affirmation do hereby verify that the contents of my above affidavit are true and correct to my best knowledge and belief and nothing material has been conceded therefrom. Verified at Delhi on this ____ day of June 2007.

Deponent IN THE COURT OF HONBLE DISTRICT JUDGE: DELHI: H.M.A. NO. 2007 In the matter of:

Shri Naveen Kumar Maheshwari AND Smt. Sarita Devi

... Petitioner No.1

... Petitioner No.2

APPLICATION UNDER SECTION 151 CPC FOR WAIVING OF PERIOD OF SIX MONTHS OF THE PETITION.

MOST RESPECTFULLY SHOWETH:

1.

That the petitioners have filed a petition for divorce on mutual consent. The contents of the same are not repeated herein for the sake of brevity, which may be read as part and parcel to this application.

2.

That all the disputes between the parties with respect of Istridhan, maintenance past, present and future, permanent alimony have been amicably settled in terms of the mutual agreement dated 30.08.2006 and now there is no dispute left between them to be decided.

3.

That the parties to the petition are residing separately since 10.04.2006 and all efforts for their reconciliation have been failed. Now there is no hope left between them to reunion the matrimonial relations. More than 1 years have been passed from their separation and each and every efforts made by the parties or their family members and well wishers have totally failed.

4.

That the parties now have decided to dissolve their marriage on mutual consent without alleging or counter alleging any allegation against other.

5.

That as the matter have amicably settled no hope left for reconciliation, as such no useful purpose will be served by waiting for another period of six months for the filing of the second motion petition.

Prayer

It is, therefore, most respectfully prayed that the Hon`ble Court may kindly be pleased to allow the petitioners to file the second motion petition also without waiting for the period of another six months. The period six months may kindly be waived keeping in view the facts and circumstances of the case, in the interest of justice.

Delhi Dated Petitioners Through Harish Kumar Garg Advocate Kumar Complex T-1433A/SF-2, Wazir Nagar Kotla Mubarak Pur, New Delhi -3

IN THE COURT OF HONBLE DISTRICT JUDGE: DELHI: H.M.A. NO. 2007 In the matter of:

Shri Naveen Kumar Maheshwari AND Smt. Sarita Devi

... Petitioner No.1

... Petitioner No.2

AFFIDAVIT

I, Sarita Devi W/o. Shri Naveen Kumar Maheshwari D/o. Shri Ramesh Kumar Maheshwari, R/o. 10479, Manak Pura, Karol Bagh, Delhi-5, do hereby solemnly affirm and declare as under: 1.That I am the Petitioner No.2 in the accompanying petition under section 13-B (1) of the Hindu Marriage Act and conversant with the facts and circumstances of the case.

2. That the accompanying application Under Section 151 of CPC for waiving the period of six months has been drafted under my instruction, which has been read over by me. The application is true and correct and it may be read as part of this affidavit.

Deponent Verification:

I, Sarita, the above named Petitioner No. 2 do hereby on solemnly affirmation do hereby verify that the contents of my above affidavit are true and correct to my knowledge and belief.

Verified at Delhi on this _____ day of June, 2007. Deponent

IN THE COURT OF HONBLE DISTRICT JUDGE: DELHI: H.M.A. NO. 2007 In the matter of:

Shri Naveen Kumar Maheshwari AND Smt. Sarita Devi

... Petitioner No.1

... Petitioner No.2

AFFIDAVIT

I, Naveen Kumar Maheshwari S/o. Late Shri Ramesh Chand Sumani , R/o. K-21/11A, Gangotri Vihar, Paschim Gohra, Delhi, do hereby solemnly affirm and declare as under: 1. That I am the Petitioner No.1 in the accompanying petition under section 13-B (1) of the Hindu Marriage Act and conversant with the facts and circumstances of the case. 2. That the accompanying application Under Section 151 of CPC for waiving the period of six months has been drafted under my instruction, which has been read over by me. The application is true and correct and it may be read as part of this affidavit.

Deponent Verification:

I, Naveen Kumar Maheshwari, the above named Petitioner No.1 do hereby on solemnly affirmation do hereby verify that the contents of my above affidavit are true and correct to my knowledge and belief. Verified at Delhi on this _____ day of June, 2007. Deponent

IN THE COURT OF HONBLE DISTRICT JUDGE: DELHI H.M.A. NO. 2007

Shri Naveen Kumar Maheshwari S/o. Late Shri Ramesh Chand Sumani R/o. K-21/11A, Gali No. 14, Gangotri Vihar, Paschim Gohra, Delhi. AND Smt. Sarita Devi W/o. Shri Naveen Kumar Maheshwari D/o. Shri Ramesh Kumar Maheshwari R/o. House No. 10479, Manak Pura, Karol Bagh, Delhi-5

... Petitioner No.1

... Petitioner No.2

PETITION FOR DISSOLUTION OF MARRIAGE BY DECREE OF DIVORCE ON MUTUAL CONSENT UNDER SECTION 13-B (2) OF THE HINDU MARRIAGE ACT 1955

RESPECTFULLY SHOWETH:-

1. That the marriage between the parties was solemnized on 02.02.2006 in accordance with the Hindu rites and customs at Delhi. The affidavits duly attested are annexed with this petition.

2. That the status and place of residence of the parties to the marriage before the marriage and at the time of filing the present petition are as follows. HUSBAND -----------------------------------------------------------------------------------------------------------STATUS AGE PLACE OF RESIDENCE -----------------------------------------------------------------------------------------------------------Before Hindu marriage Bachelor 24 Years K-21/11A, Gali No. 14, Gangotri Vihar, Paschim Gohra, Delhi. -----------------------------------------------------------------------------------------------------------At the time Hindu K-21/11A, Gali No. 14, of this petition Married 25 Years Gangotri Vihar, Paschim Gohra Delhi. ---------------------------------------------------------------------------------------------------------WIFE -----------------------------------------------------------------------------------------------------------STATUS AGE PLACE OF RESIDENCE -----------------------------------------------------------------------------------------------------------1. Before Hindu H.No. 10479, Manak Pura

marriage

virgin

21 years

Karol Bagh, Delhi-5.

-----------------------------------------------------------------------------------------------------------2. At the time Hindu of petition. married 22 Years H.No. 10479, Manak Pura, Karol Bagh, Delhi-5.

3. 4.

That due this wedlock no child was born. That due to the temperamental differences and behavior of the parties, they are residing separately from each other from 10.04.2006 and since then there is no cohabitation between them.

5.

That all efforts made by the parties concerned and their family members and well wishers have been failed, there is no chances between them to reunion the matrimonial tie and they have decided to dissolve their marriage by decree of mutual consent.

6.

That all claims between the parties have been settled mutually in terms of the mutual agreement entered between the parties on 30.08.2006. The contents of the said

agreement are not reproduced and it may be read as part and parcel to this petition. The agreement is annexed with this petition as ANNEXURE `A`. 7. That all claims between the parties with respect of Istridhan, maintenance, past, present and future, for permanent alimony, dowry articles etc. have already been settled between the parties and in lieu of said settlement, the petitioner No.1 has agreed to pay total sum of Rs.70,000/- (Rupees Seventy Thousand only) to the petitioner No.2 in full and final settlement. Out of this amount, the petitioner no. 2 had already received a sum of Rs. 35000/- (Rupees Thirty Five Thousand only) by draft mentioned in the above agreement in the women cell. The remaining amount of Rs. 35000/- (Rupees Thirty Thousand Only) shall be paid by the petitioner No. 1 to the petitioner no. 2 at the time of statement of the parties in the second motion petition before the court by draft.

8.

That on receipt of the said amount by the petitioner no. 2 from the petitioner no. 1, nothing shall be due and payable by the petitioner no.1 to petitioner no. 2.

9.

That the parties to this petition have mutually agreed that the there marriage should be dissolved.

10.

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

11. 12. 13.

That the petition is not presented in collusion. That there is no other legal ground, why relief should not be granted. That the marriage was solemnized at Delhi. The petitioners are residing at Delhi, hence this Hon'ble court has jurisdiction to entertain the present petition.

Prayer

In view of above submissions the petitioners pray that the marriage between them may kindly be dissolved by a decree of divorce on mutual consent in the interest of justice. Delhi Dated Petitioner No. 1 Petitioner No. 2 Through Harish Kumar Garg Advocate Kumar Complex T-1433A/SF-2, Wazir Nagar Kotla Mubarak Pur, New Delhi -3

Verification :

We, Naveen Kumar Maheshwari and Sarita Devi, the above named petitioners state on solemnly affirmation that paras of 1 to 11 of our petition are true and correct to our

knowledge and belief and paras 12 to 13 are true and correct on information received and believed to be true and last para is prayer to this Hon'ble court.

Verified at Delhi on this _____ day of June, 2007.

Petitioner No. 1

Petitioner No. 2.

IN THE COURT OF HONBLE DISTRICT JUDGE: DELHI: H.M.A. NO. 2007 In the matter of Shri Naveen Kumar Maheshwari ... Petitioner No.1

AND Smt. Sarita Devi AFFIDAVIT I, Naveen Kumar Maheshwari S/o. Late Shri Ramesh Chand Sumani , R/o. K-21/11A, Gangotri Vihar, Paschim Gohra, Delhi, do hereby solemnly affirm and declare as under: 1. That I am the Petitioner No.1 in the accompanying petition under section 13-B (2) of the Hindu Marriage Act and conversant with the facts and circumstances of the case. 2. That I am Hindu by religion and I was married with the Petitioner No.2 on 02.02.2006 at Delhi, in accordance with the Hindu Rites and Customs. 3. That the accompanying petition for divorce has been drafted under my instruction, I have read over the contents of the petition and found the same are true and correct. The contents of the petition may be read as part and parcel to this affidavit being not repeated for sake of brevity. ... Petitioner No.2

Deponent Verification: I Naveen Kumar Maheshwari, the above named petitioner do hereby on solemnly

affirmation do hereby verify that the contents of my above affidavit are true and correct to my best knowledge and belief and nothing material has been conceded therefrom. Verified at Delhi on this ____ day of June 2007. Deponent

IN THE COURT OF HONBLE DISTRICT JUDGE: DELHI: H.M.A. NO. 2007 In the matter of Shri Naveen Kumar Maheshwari ... Petitioner No.1

AND Smt. Sarita Devi AFFIDAVIT I, Sarita Devi W/o. Shri Naveen Kumar Maheshwari D/o. Shri Ramesh Kumar Maheshwari, R/o. 10479, Manak Pura, Karol Bagh, Delhi-5, do hereby solemnly affirm and declare as under: 1. That I am the Petitioner No.2 in the accompanying petition under section 13-B (2) of the Hindu Marriage Act and conversant with the facts and circumstances of the case. 2. That I am Hindu by religion and I was married with the petitioner No.1 on 02.02.2006 at Delhi, in accordance with the Hindu Rites and Customs. 3. That the accompanying petition has been drafted under my instruction, I have read over the contents of the petition and found the same are true and correct. The contents of the petition may be read as part and parcel to this affidavit being not repeated for sake of brevity. Deponent Verification: ... Petitioner No.2

I, Sarita Devi, the above named petitioner no. 2 do hereby on solemnly affirmation do hereby verify that the contents of my above affidavit are true and correct to my best knowledge and belief and nothing material has been conceded therefrom. Verified at Delhi on this ____ day of June 2007.

Deponent

IN THE COURT OF HONBLE DISTRICT JUDGE: DELHI: H.M.A. NO. 2007 In the matter of Shri Naveen Kumar Maheshwari ... Petitioner No.1

AND Smt. Sarita Devi INDEX -----------------------------------------------------------------------------------------------------------SL. NO. PARTICULARS PAGES COURT FEE -----------------------------------------------------------------------------------------------------------1. 2. Memo of Parties. Petition U/S 13-B (2) of Hindu Marriage Act for dissolution of marriage. Affidavit of petitioners in support of petition. Copy of settlement/ pronote Vakalatnama ... Petitioner No.2

3. 4. 5.

-----------------------------------------------------------------------------------------------------------Delhi Dated Petitioners Through Harish Kumar Garg Advocate Kumar Complex T-1433A/SF-2, Wazir Nagar Kotla Mubarak Pur, New Delhi -3

IN THE COURT OF HONBLE DISTRICT JUDGE: DELHI: H.M.A. NO. 2007 In the matter of Shri Naveen Kumar Maheshwari ... Petitioner No.1

AND Smt. Sarita Devi ... Petitioner No.2

MEMO OF PARTIES

Shri Naveen Kumar Maheshwari S/o. Late Shri Ramesh Chand Sumani R/o. K-21/11A, Gali No. 14, Gangotri Vihar, Paschim Gohra, Delhi. AND Smt. Sarita Devi W/o. Shri Naveen Kumar Maheshwari D/o. Shri Ramesh Kumar Maheshwari R/o. House No. 10479, Manak Pura, Karol Bagh, Delhi-5 Delhi Dated

... Petitioner No.1

... Petitioner No.2

Through Harish Kumar Garg Advocate Kumar Complex T-1433A/SF-2, Wazir Nagar Kotla Mubarak Pur, New Delhi -3