IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY
COURT, KARKARDOOMA COURT, NORTH DISTRICT DELHI
H.M.A. PETITION NO………….. OF 2018.
IN THE MATTER OF:-
Sh. Mrinal Kanti Jha …PETITIONER NO.1
VERSUS
Smt. Shruti Bhagwat Jha …PETITIONER NO.2
INDEX
Sl. No. Particulars C.Fee Pages.
1. Memo of parties A
2. Petition under 1-
Section 13(B)(1)of HMA
3.Affidavit in support
of both the parties
4.List of Documents
5.Vakalatnama of both Advocate
Delhi:-
Dated:- (Vandana Ruhella)
Advocate
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY
COURT, KARKARDOOMA COURT, NORTH DISTRICT DELHI
H.M.A. PETITION NO………….. OF 2018.
IN THE MATTER OF:-
Sh. Mrinal Kanti Jha …PETITIONER NO.1
VERSUS
Smt. Shruti …PETITIONER NO.2
MEMO OF PARTIES
Sh. Mrinal Kanti Jha
S/o. Sh. Srinarayan Jha
R/o Plot No. 172, Second Floor,
NITI Khand 1, Shipra sun city,
Ghaziabad, U.P.-201014
PRESENTLY AT:
T/174, Street No. 5,
Gautam Puri, Delhi-11053
…Petitioner No. 1
Versus
Smt. Shruti
W/O Mrinal Kanti Jha
D/o Sh. Awadhesh Bhagwat Sharma
R/o Plot No. 172, Second Floor,
NITI Khand 1, Shipra sun city,
Ghaziabad, U.P.-201014
…Petitioner No. 2
Delhi-
Dated-
Petitioner No. 1 Petitioner No. 2
Through
(VANDANA RUHELLA) (ABHISHEK)
Advocate Advocate
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY
COURT, KARKARDOOMA COURT, NORTH DISTRICT DELHI
H.M.A. PETITION NO………….. OF 2018.
IN THE MATTER OF:-
Sh. Mrinal Kanti Jha …PETITIONER NO.1
VERSUS
Smt. Shruti …PETITIONER NO.2
PETITION FOR DISSOLUTION OF MARRIAGE BY A
DECREE OF DIVORCE BY MUTUAL CONSENT UNDER
SECTION 13-B(1) OF HINDU MARRIAGE ACT, 1995
(ACT NO.25 OF 1955) AS AMENDED BY THE MARRIAGE
LAWS (AMENDMENT) ACT, 2003 I.E. FIRST MOTION
Most Respectfully Showeth:
1. That the marriage between the Petitioner
no. 1 and the Petitioner no. 2 was
solemnized in Delhi according to Hindu
rites and ceremonies on 26.02.2005. An
affidavit to this effect duly attested by
Oath Commissioner is enclosed herewith
for the kind perusal of this Hon'ble
Court.
2. That the status, age and place of the
residence of the parties between the
marriage and at the time of filing of
this petition are as under:-
Petitioner No. 1
Status Age Place of
residence
At the Hindu 25 year R/o Plot No.
172, Second
time of Bachelor Floor,
NITI Khand 1,
marriage Hindu Shipra sun
city,
Virgin Ghaziabad,
U.P.-201014
At the Hindu 38 year R/o T/174,
Street No. 5,
time of marriage Gautam Puri,
Delhi-11053
filing of
the
petition
Petitioner No. 2
Status Age Place of
residence
At the Hindu 25 year R/o Plot No.
172, Second
time of Virgin Floor,
NITI Khand 1,
marriage Shipra sun
city,
Ghaziabad,
U.P.-201014
At the Hindu 38 year R/o Plot No.
172, Second
time of marriage Floor,
NITI Khand 1,
filing of Shipra sun
city,
the Ghaziabad,
U.P.-201014
petition
3. That the marriage was duly consummated
and one male child namely Sai Pranav Jha
has been born by this wedlock on dated 06
August 2006.
4. That Both the parties are living
separately since 01 September 2017.
5. That inspite of the best efforts the
parties could not reconcile their
differences and there is no possibility
of probabilities of the parties living
together as husband and wife and the
marriage between the parties have become
dead lock and as such no useful purpose
would be serve in keeping the tie, and as
such keeping in view the facts and
circumstances parties are ready for
dissolving the marriage by means of
mutual consent in order to have parries
from further harassment.
6. That all the efforts made by the parties,
their well-wishers, common friends and
their relatives failed and thus there is
absolutely no probability or possibility
of their living together as husband and
wife.
7. That both the parties agreed that they
shall part their ways from each other by
obtaining a decree of divorce by mutual
consent by filing a joint Petition for
divorce by mutual consent.
8. That the disputes between the parties
have now been mutually settled as per
following terms and conditions:-
a.It has been agreed between the parties
that the Petitioner no. 1 will pay Rs.
12,000/- Per month till March, 2020 to
the Petitioner no. 2.
b.It has been agreed between the parties
that after March 2020, Petitioner no. 1
will pay 25% of his salary to Petitioner
no. 2 until the Petitioner no. 1 does
not pay sum of Rs. 15,00,000/- as full
and final settlement to the Petitioner
no. 2.
c.It has been agreed between the parties
that the Petitioner no. 1 will pay sum
of Rs. 8,00,000/- (out of above said
fifteen lakhs) to the Petitioner no. 2
via NFT/CHEQUE till October, 2020 and it
is also agreed between the parties that
the Petitioner no. 1 will pay balance
amount Rs.7,00,000/- (out of above said
fifteen lakhs) to the Petitioner no. 2
via NFT/CHEQUE till April, 2021.
d.It has been agreed between the parties
that Petitioner no. 2 has visitation
right to meet with minor child on any or
alternate Saturday after informing the
Petitioner no. 1.
e.It has been agreed between the parties
that all expenses related to education,
upbringing, health and other important
requirement of minor child Namely Sai
Pranav Jha will be completely managed by
Petitioner no. 1 until the minor child
starts earning a suitable amount for
self-survival.
f.It has been agreed between the parties
that the petitioner no. 1 will not have
another child from any other woman he
got married to after his separation from
the petitioner no. 2. The minor child
namely Sai Pranav Jha would be first and
only child throughout his life.
g.It has been agreed between the parties
that the Petitioner no. 2 will not have
any claim in the property bearing no.
Flat no: 1203, 12th Floor, Tower D4,
Project - Supertech Eco Village, Plot
no: GH06, Sector: 16B, Greater Noida,
Gautam Buddha Nagar - 201303, Uttar
Pradesh. Which had been purchased in the
joint name of the Petitioner no. 1 (Mr.
Mrinal Kanti Jha) and Petitioner no. 2
(Mrs. Shruti Bhagwat Jha). It has been
further agreed between the parties that
the Petitioner no. 2 will cooperate to
sign and provide all necessary documents
in case of selling the flat. The
Petitioner no. 2 also undertakes that
she will not claim any amount from the
sell consideration of above said flat.
h.It has been agreed between the parties
that all the house hold articles will be
divided between both the parties as per
the list attached with the settlement
after second motion.
i.It has been agreed between the parties
that jewellery items (as per the list
attached with the settlement) present in
the locker no 8 of Central Bank of India
will be handed over to the Petitioner
no. 2 after second motion.
j.It is further agreed between the parties
that after receiving/paying the entire
settled amount, both the parties shall
have no claim against each other of any
nature what so ever shall be free to
live their lives independently without
interference of each other in future.
k.It is further agreed between both the
parties that the Petitioner no. 2 shall
not claim any right title or interest in
any movable or immovable properties of
the Petitioner no. 1. Similarly
Petitioner no. 1 also shall not claim
any right title or interest in the
movable or immovable properties of the
Petitioner no. 2 in future.
l.It is further agreed between both the
parties that both the parties shall not
file any case, Complaint, FIR against
each other in future pertaining to this
marriage.
m.That there is no any litigation, case
and any complaint pending before any
court.
n.It is agreed that both the parties have
arrived at the present settlement out of
their free will and consent without any
force, compulsion or coercion and they
are filing the present Petition after
fully understanding the contents of the
same, which have also been read over to
them in vernacular.
o.It is agreed that both the parties
undertake to remain bound by above terms
and condition.
9. That Petitioner no. 2 undertakes that
she will not claim any present, past,
future from the Petitioner no. 1 except
the above said settlement. After
receiving Rs.15,00,000/- by Petitioner
no. 1 nothing remains for present, past
and future.
10. That the mutual consent has not been
obtained by any fraud, collusion or undue
influence.
11. That the Petitioners have not filed the
above Petition, for divorce in collusion
with each other.
12. That no other Petition for divorce is
pending between the parties before any
court.
13. That there is no other legal ground, why
the relief, as prayed for, should not be
granted.
14. That the requisite court fee has been
paid.
15. That the marriage of the parties had been
solemnized in Delhi hence Hon'ble Court
has jurisdiction to try and entertain
present Petition, in the interest of
justice.
PRAYER
It is therefore most respectfully prayed
that the Hon'ble Court may graciously be
pleased to dissolve the marriage of the Parties
by way of decree of mutual divorce, in the
interest of Justice.
Delhi
Dated:-
Petitioner No. 1 Petitioner No. 2
Through
(VANDANA RUHELLA) (ABHISHEK)
Advocate Advocate
Verification:-
The above named Petitioner as state on
solemn affirmation that paras 1 to 24 of the
petition are true and correct to the
Petitioner’s knowledge and paras a to g are
true to the information received and believed
to be correct to the Petitioner. The last para
is the prayer to this Hon'ble Court.
Verified at Delhi on this …….. Day of July
2018.
Petitioner No. 1 Petitioner No. 2
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY
COURT, KARKARDOOMA COURT, NORTH DISTRICT DELHI
H.M.A. PETITION NO………….. OF 2018.
IN THE MATTER OF:-
Sh. Mrinal Kanti Jha …PETITIONER NO.1
VERSUS
Smt. Shruti …PETITIONER NO.2
AFFIDAVIT
I, Sh. Mrinal Kanti Jha, S/o. Sh. Srinarayan
Jha, R/o T/174, Street No. 5, Gautam Puri,
Delhi-11053 do hereby solemnly affirm and
declare as under:-
1.That the deponent is the Petitioner no. 2
in the above noted u/s 13-B(1) of HMA and
I am fully conversant with the facts of
the case and competent to swear this
affidavit.
2.That all content of my accompanying
petition has been drafted by my counsel
under my instruction and the contents of
the same has not been repeated herein for
the sake of brevity and have been read
over and explained to me in vernacular and
are true and correct to my knowledge and
belief.
Deponent
Verification:-
Verified at Delhi on this…… day of July,
2018 that the contents of my above affidavit
are true and correct to my knowledge, no part
of it is false and nothing material has been
concealed therefrom.
Deponent
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY
COURT, KARKARDOOMA COURT, NORTH DISTRICT DELHI
H.M.A. PETITION NO………….. OF 2018.
IN THE MATTER OF:-
Sh. Mrinal Kanti Jha …PETITIONER NO.1
VERSUS
Smt. Shruti …PETITIONER NO.2
AFFIDAVIT
I, Smt. Shruti, W/O Mrinal Kanti Jha, D/o Sh.
Awadhesh Bhagwat Sharma, R/o Plot No. 172,
Second Floor, NITI Khand 1, Shipra sun city,
Ghaziabad, U.P.-201014 do hereby solemnly
affirm and declare as under:-
1.That the deponent is the Petitioner no. 1
in the above noted u/s 13-B(1) of HMA and
I am fully conversant with the facts of
the case and competent to swear this
affidavit.
2.That all content of my accompanying
petition has been drafted by my counsel
under my instruction and the contents of
the same has not been repeated herein for
the sake of brevity and have been read
over and explained to me in vernacular and
are true and correct to my knowledge and
belief.
Deponent
Verification:-
Verified at Delhi on this…… day of July,
2018 that the contents of my above affidavit
are true and correct to my knowledge, no part
of it is false and nothing material has been
concealed therefrom.
Deponent
