IN THE COURT OF LD.
PRINCIPAL JUDGE, FAMILY COURT,
TIS HAZARI COURT (CENTRAL), NEW DELHI
H.M.A. Petition No. ______ of 2024
IN THE MATTER OF:-
Smt. Vrinda Sharma ….Petitioner No.1
AND
Sh. Piyush Dua ….Petitioner No.2
INDEX
S.NO PARTICULARS PAGE
NO.
1. COURT FEES
2. MEMO OF THE PARTIES
3. PETITION U/S 13 (B)(1) OF THE HINDU
MARRIAGE ACT, 1955, FOR DISSOLUTION OF
MARRIAGE BY MUTUAL CONSENT
ALONGWITH AFFIDAVITS
4. AFFIDAVIT AS PER RAJAT GUPTA VS RUPALI
GUPTA
5. APPLICATION UNDER SECTION 13 OF FAMILY
COURT SEEKING PERMISSION TO ENGAGE
COUNSEL
6. LIST OF DOCUMENTS ALONG WITH
DOCUMENTS
7. VAKALATNAMA
PETITIONER NO.1 PETITIONER NO.2
THROUGH THROUGH
MAHIP DATTA PARASHAR SHAGUN MEHTA
AMAN VASISTH
ADVOCATES ADVOCATE
H. NO. 25, SECTOR 16-A, CHAMBER NO. Y-60
FARIDABAD, HARYANA CIVIL WING TISHAZARI
Ph. No. 9911481624 MOB: 9891111129
Email: mahipdatta@gmail.com
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT,
TIS HAZARI COURT (CENTRAL), NEW DELHI
H.M.A. Petition No. ______ of 2024
IN THE MATTER OF:-
Smt. Vrinda Sharma ….Petitioner No.1
AND
Sh. Piyush Dua ….Petitioner No.2
MEMO OF PARTIES
Smt. Vrinda Sharma
W/o Sh. Piyush Dua
D/o Sh. Manoj Kumar Sharma
R/o E-25 Kamla Nagar,
Malka Ganj S.O
North Delhi- 110007 … Petitioner No.1
AND
Sh. Piyush Dua
S/o Sh. Keshav Lal Dua,
R/o 24-E Bunglow Road
Near Kamla Nagar,
North Delhi- 110007 … Petitioner No.2
PETITIONER NO.1 PETITIONER NO.2
THROUGH THROUGH
MAHIP DATTA PARASHAR SHAGUN MEHTA
AMAN VASISTH
ADVOCATES ADVOCATE
H. NO. 25, SECTOR 16-A, CHAMBER NO. Y-60
FARIDABAD, HARYANA CIVIL WING TISHAZARI
Ph. No. 9911481624 MOB: 9891111129
Email: mahipdatta@gmail.com
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT,
TIS HAZARI COURT (CENTRAL), NEW DELHI
H.M.A. Petition No. ______ of 2024
IN THE MATTER OF:-
Smt. Vrinda Sharma ….Petitioner No.1
AND
Sh. Piyush Dua ….Petitioner No.2
PETITION UNDER SECTION 13-B OF THE HINDU MARRIAGE ACT,
1955 (AS AMENDED UPTO DATE) FOR DISSOLUTION OF
MARRIAGE BY A DECREE OF DIVORCE BY MUTUAL CONSENT ON
BEHLF OF THE ABOVE-NAMED PETITIONER ALONG WITH THE
SUPPORTING AFFIDAVIT
MOST RESPECTFULLY SHOWETH:
1. That the present Petition has been filed by the Petitioners abovenamed
under Section 13 (B)(1) of the Hindu Marriage Act, 1955 (hereinafter
referred to as “the Act”) seeking a decree of divorce by way of mutual
consent.
2. That the Petitioner No.1 and Petitioner No.2 were duly married on
26.01.2023 which was according to Hindu Rites, Customs and Ceremony.
The Petitioners continue to profess Hindu faith as on the date of the
presentation of the instant Petition. Affidavits of both the Petitioners to this
effect duly attested are enclosed with the Petition. True copy of the
respective identity proofs of the parties is annexed herewith as
ANNEXURE-1.
True copy of the proof of marriage between the parties herein is annexed
herewith as ANNEXURE-2.
3. That the status of the Petitioners/Parties at the time marriage and at the time
of filing of the present petition for divorce by mutual consent are as
follows:-
AT THE TIME OF MARRIAGE:
Name AGE STATUS ADDRESS
Smt. Vrinda 26 years Bachelor/ E-25 Kamla Nagar,
Sharma Malka Ganj S.O North
Hindu
Delhi- 110007
Sh. Piyush Dua 32 years Bachelor/ 24-E Bunglow Road
Near Kamla Nagar,
Hindu
North Delhi- 110007
AT THE TIME OF FILING THE PETITION:
Name AGE STATUS ADDRESS
Smt. Vrinda 27 years Hindu/Married E-25 Kamla Nagar,
Sharma Malka Ganj S.O North
Delhi- 110007
Sh. Piyush Dua 33 years Hindu/Married 16A- Second Floor,
Sanjay Nagar, Gulabi
Bagh Delhi: 110007
4. That since the very inception of the marriage, the parties to the petition
could not live together happily as husband and wife and there had been
instances which led to the estrangement of relations between the parties
and ultimately there has been no cohabitation/conjugal relation since July
2023 between the parties and the parties are currently living separately
from each other for a considerable period of time for more than 12 months.
That the attempts by relatives, common friends, and well-wishers to
persuade them to resolve their differences and resume matrimonial
relations has proved futile and the marriage between the parties has broken
down irretrievably and there is no possibility of their living together as
husband and wife.
5. That since the marriage of the Parties has broken down irretrievably and
there is no possibility of their living together as husband and wife, the
Petitioners have mutually agreed that the marriage between the Petitioners
should be dissolved by a decree of divorce by mutual consent. The
Petitioners have not resided as husband and wife for a considerable period
of time and have reached a point of no return and it is not possible to save
their marriage, there are no chances of reconciliation or possibility of their
living together as husband and wife. In these circumstances, Petitioners
have mutually decided to seek divorce by mutual consent and bring an end
to their marriage and agony.
6. That the Petitioners have mutually decided that their marriage may be
dissolved by a decree of mutual consent on the terms and conditions as
mentioned in the Memorandum of Understanding dated 12.12.2024 which
is duly signed by both the Parties on 12.12.2024. The copy of the
Settlement Agreement entered into between the parties is annexed herewith
as ANNEXURE-3.
7. The important terms and conditions of the said Deed of Settlement are
mentioned herein below:
(i) That it is mutually agreed between the parties that the Petitioner
No.1 has returned all the ornaments and other valuable items of the
Petitioner No.2 and the Petitioner No.2 has also returned all the
ornaments and all other valuable items of the Petitioner No.1. That
both the parties agrees and acknowledges that they do not have any
rights, title or claim of any kind what so ever against each other.
(ii) That the Petitioners to the aforementioned deed further agree and
undertake not to institute any other cases, claims, disputes, litigation
or defame against each other emanating from or as a result of any
purported dispute, claims. Entitlements or differences on account of
the marriage (or in relation thereto including inheritance/
entitlements etc.) between the parties.
8. That in lieu of the above mentioned settlement deed dated 12.12.2024, the
petitioner no.1submits that she has already received her permanent alimony
in the shape of jewelry/ornaments from the petitioner no.2, therefore she
undertakes not to claim anything in future towards her past, present and
future alimony. Further, the petitioner no.2 also undertakes to abide by the
terms of the settlement as contained in settlement deed dated 12.12.2024.
9. That the Petitioners have given their respective consent for filing the
present petition out of their own free will and the same has not been
obtained by force, fraud or undue influence.
10.That there have been no other legal proceedings filed before any court of
law for dissolution of their marriage. That there has been no legal ground
why the relief as prayed in the petition should not be granted.
11.That the present petition has not been filed in collusion between the
Petitioners.
12.That there is no unnecessary or improper delay to institute the present
petition before this Learned Court. That there are no legal grounds why the
relief should not be granted to the Petitioners.
13.That the parties last resided as husband and wife within the territorial
jurisdiction of this Hon’ble Court, the Petitioner No.1 is currently residing
within the territorial jurisdiction of this Hon’ble Court and as such this
Hon’ble Court has the requisite jurisdiction to entertain, try and adjudicate
the present petition.
14.That the requisite fees have been paid and affixed with this Petition.
P R A Y E R:
In view of the facts and circumstances mentioned hereinabove it is most
respectfully prayed that this Hon’ble Court may kindly be pleased to:
(i) Pass an order thereby dissolving the marriage between the Parties
i.e., the Petitioner by decree of divorce on the basis of mutual
consent as provided U/s 13 (B) (1) of Hindu Marriage Act, 1955.
(ii) Pass any other order or further orders(s) as this Hon’ble Court may
deem fit in the light of circumstances.
FOR THIS ACT OF KINDNESS THE PETITIONERS SHALL
EVER PRAY AS IS DUTY BOUND.
PETITIONER NO.1 PETITIONER NO.2
THROUGH THROUGH
MAHIP DATTA PARASHAR SHAGUN MEHTA
AMAN VASISTH
ADVOCATES ADVOCATE
H. NO. 25, SECTOR 16-A, CHAMBER NO. Y-60
FARIDABAD, HARYANA CIVIL WING TISHAZARI
Ph. No. 9911481624 MOB: 9891111129
Email: mahipdatta@gmail.com
VERIFICATION:
Verified at New Delhi on this day of __ day of ______, 2024 on solemn
affirmation, that the contents of Para No. 1 to ____ of the above petition
are true and correct to the best of the knowledge and belief of the
Petitioners and those of Para No. _______ are believed to be true. Last para
is prayer to this Hon’ble Court.
PETITIONER NO.1 PETITIONER NO.2
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT,
TIS HAZARI COURT (CENTRAL), NEW DELHI
H.M.A. Petition No. ______ of 2024
IN THE MATTER OF:-
Smt. Vrinda Sharma ….Petitioner No.1
AND
Sh. Piyush Dua …. Petitioner No.2
AFFIDAVIT
I, Smt. Vrinda Sharma W/o Sh. Piyush Dua, D/o Manoj Sharma aged about 27
Years, R/o, E-25 Kamla Nagar, Malka Ganj S.O North Delhi- 110007do hereby
solemnly affirm and declare as under:
1. That I am the Petitioner No. 1 in the accompanying petition and I am well
conversant with the facts and circumstances of the case and hence duly
competent and authorized to depose to this affidavit.
2. That the Petitioners to this petition are Hindu by religion and continue to be
governed by the same religion.
3. That I was married to the Petitioner No. 2 on 26.01.2023.
4. That Petitioner No. 2 and I have been currently living separately and there
has been no cohabitation/conjugal relation since July 2023 and we have not
cohabited as wife and husband since then.
5. That the Petitioners state and undertake that they have settled all their interse
claims in terms of the accompanying Petition under section 13 (B) (1) of the
Hindu Marriage Act, 1955 for dissolution of marriage by mutual consent.
The Petitioners to the petition have mutually agreed that their marriage
should be dissolved by mutual consent.
6. That the accompanying petition has not been filed in collusion or connivance
with the Petitioner No. 2.
7. That the consent has been given voluntarily, without any pressure or undue
influence of any kind.
8. That mutual consent has not been obtained by fraud, force or undue
influence.
9. That there is no legal ground why the relief should not be granted.
10. That there has not been any unnecessary or improper delay in filing the
petition and there is no legal ground why the relief prayed for should not be
granted to the Petitioners.
DEPONENT
VERIFICATION: -
I, the above named deponent do hereby solemnly affirm and verify that the
contents of the above affidavit are true and correct to the best of my
knowledge, no part of it is false and no material has been concealed
therefrom.
Verified at New Delhi on this ____ day of December 2024.
DEPONENT
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT,
TIS HAZARI COURT (CENTRAL), NEW DELHI
H.M.A. Petition No. ______ of 2024
IN THE MATTER OF:-
Smt. Vrinda Sharma ….Petitioner No.1
AND
Sh. Piyush Dua …. Petitioner No.2
AFFIDAVIT
I, Piyush Dua S/o Sh. Keshav Lal Dua aged about 33 Years, R/o, 24-E, Bunglow
Road, Near Kamla Nagar, North Delhi- 110007 do hereby solemnly affirm and
declare as under:
1. That I am the Petitioner No. 2 in the accompanying petition and I am well
conversant with the facts and circumstances of the case and hence duly
competent and authorized to depose to this affidavit.
2. That the Petitioners to this petition are Hindu by religion and continue to be
governed by the same religion.
3. That I was married to the Petitioner No. 1 on 26.01.2023.
4. That Petitioner No. 1 and I have been currently living separately and there
has been no cohabitation/conjugal relation since July 2023 and we have not
cohabited as husband and wife since then.
5. That the Petitioners state and undertake that they have settled all their interse
claims in terms of the accompanying Petition under section 13 (B) (1) of the
Hindu Marriage Act, 1955 for dissolution of marriage by mutual consent.
The Petitioners to the petition have mutually agreed that their marriage
should be dissolved by mutual consent.
6. That the accompanying petition has not been filed in collusion or connivance
with the Petitioner No. 1.
7. That the consent has been given voluntarily, without any pressure or undue
influence of any kind.
8. That mutual consent has not been obtained by fraud, force or undue
influence.
9. That there is no legal ground why the relief should not be granted.
10. That there has not been any unnecessary or improper delay in filing the
petition and there is no legal ground why the relief prayed for should not be
granted to the Petitioners.
DEPONENT
VERIFICATION: -
I, the above named deponent do hereby solemnly affirm and verify that the
contents of the above affidavit are true and correct to the best of my
knowledge, no part of it is false and no material has been concealed
therefrom.
Verified at New Delhi on this ____ day of December 2024.
DEPONENT
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT,
TIS HAZARI COURT (CENTRAL), NEW DELHI
H.M.A. Petition No. ______ of 2024
IN THE MATTER OF:-
Smt. Vrinda Sharma ….Petitioner No.1
AND
Sh. Piyush Dua …. Petitioner No.2
APPLICATION UNDER SECTION 13 OF FAMILY COURT ACT FOR
SEEKING PERMISSION TO ENGAGE COUNSEL
Sir,
The Applicant i.e. Petitioner No.1 noted below submits as follows:
1. That the applicant has to file its case but the applicant is ignorant of law
and its technicalities and applicant could not proceed with the present
petition without the help of counsel.
It is therefore prayed that the applicant may kindly be permitted to
engage counsel/advocate to persue the case.
PETITIONER NO.1
THROUGH
MAHIP DATTA PARASHAR
AMAR KR DUBEY
ADVOCATES
H. NO. 25, SECTOR 16-A,
FARIDABAD, HARYANA
PLACE: Ph. No. 9911481624
DATE: Email: mahipdatta@gmail.com
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT,
TIS HAZARI COURT (CENTRAL), NEW DELHI
H.M.A. Petition No. ______ of 2024
IN THE MATTER OF:-
Smt. Vrinda Sharma ….Petitioner No.1
AND
Sh. Piyush Dua …. Petitioner No.2
APPLICATION UNDER SECTION 13 OF FAMILY COURT ACT FOR
SEEKING PERMISSION TO ENGAGE COUNSEL
Sir,
The Applicant i.e. Petitioner No.2 noted below submits as follows:
1. That the applicant has to file its case but the applicant is ignorant of law
and its technicalities and applicant could not proceed with the present
petition without the help of counsel.
It is therefore prayed that the applicant may kindly be permitted to
engage counsel/advocate to persue the case.
PETITIONER NO.2
THROUGH
SHAGUN MEHTA
ADVOCATES
CHAMBER NO. Y-60
CIVIL WING TIS HAZARI
PLACE: PH: 9891111129
DATE:
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT,
TIS HAZARI COURT (CENTRAL), NEW DELHI
H.M.A. Petition No. ______ of 2024
IN THE MATTER OF:-
Smt. Vrinda Sharma ….Petitioner No.1
AND
Sh. Piyush Dua …. Petitioner No.2
LIST OF DOCUMENTS
1. Residence Proof of the Petitioner No.1.
2. Residence Proof of the Petitioner No.2.
3. Marriage Proof of the Petitioners
PETITIONER NO.1 PETITIONER NO.2
THROUGH THROUGH
MAHIP DATTA PARASHAR SHAGUN MEHTA
AMAN VASISTH
ADVOCATES ADVOCATE
H. NO. 25, SECTOR 16-A, CHAMBER NO. Y-60
FARIDABAD, HARYANA CIVIL WING TISHAZARI
Ph. No. 9911481624 MOB: 9891111129
Email: mahipdatta@gmail.com
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT,
TIS HAZARI COURT (CENTRAL), NEW DELHI
H.M.A. Petition No. ______ of 2024
IN THE MATTER OF: -
SMT. VRINDA SHARMA ...PETITIONER NO.1
VERSUS
SH. PIYUSH DUA
…PETITIONER NO.2
KNOW ALL to whom these present shall come that I/We Petitioner No.1 do hereby appoint (herein after called
the advocate/s) to be my/our Advocate in the above noted case authorized him :-
MAHIP DATTA PARASHAR, D/1086/06
AMAN VASISTH, ADVOCATE, D/4902/2017
AMAR KR DUBEY, ADVOCATE, UP/4672/2022
HOUSE NO.25, SECTOR 16-A, FARIDABAD
HARYANA- 121002
MOB: 9911481624, 8233119499
EMAIL ID- MAHIPDATTA@GMAIL.COM
To act, appear and plead in the above-noted case in this Court or in any other Court in which the same may be
tried or heard and also in the appellate Court including High Court subject to payment of fees separately for each
Court by me/us.
To sign, file verify and present pleadings, appeals cross objections or petitions for execution review, revision,
withdrawal, compromise or other petitions or affidavits or other documents as may be deemed necessary or proper
for the prosecution of the said case in all its stages.
To file and take back documents to admit and/or deny the documents of opposite party.
To withdraw or compromise the said case or submit to arbitration any differences or disputes that may arise
touching or in any manner relating to the said case.
To take execution proceedings.
The deposit, draw and receive money, cheques, cash and grant receipts thereof and to do all other acts and things
which may be necessary to be done for the progress and in the course of the prosecution of the said case.
To appoint and instruct any other Legal Practitioner, authorizing him to exercise the power and authority hereby
conferred upon the Advocate whenever he may think it to do so and to sign the Power of Attorney on our behalf.
And I/We the undersigned do hereby agree to ratify and confirm all acts done by the Advocate or his substitute in
the matter as my/our own acts, as if done by me/us to all intents and purposes.
And I/We undertake that I / we or my /our duly authorized agent would appear in the Court on all hearings and
will inform the Advocates for appearance when the case is called.
And I /we undersigned do hereby agree not to hold the advocate or his substitute responsible for the result of the
said case. The adjournment costs whenever ordered by the Court shall be of the Advocate which he shall receive
and retain himself.
And I /we the undersigned do hereby agree that in the event of the whole or part of the fee agreed by me/us to be
paid to the Advocate remaining unpaid he shall be entitled to withdraw from the prosecution of the said case until
the same is paid up. The fee settled is only for the above case and above Court. I/We hereby agree that once the
fee is paid. I /we will not be entitled for the refund of the same in any case whatsoever. If the case lasts for more
than three years, the advocate shall be entitled for additional fee equivalent to half of the agreed fee for every
addition three years or part thereof.
IN WITNESS WHEREOF I/We do hereunto set my /our hand to these presents the contents of which have been
understood by me/us on this ___ day of December, 2024.
Accepted subject to the terms of fees.
Advocate Advocate Advocate CLIENT
MAHIP DATTA PARASHAR AMAN VASISTH AMAR KR DUBEY
(Signature Verified)
