Affidavit of Husband

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IN THE HONOURABLE COURT OF JUDGE FAMILY COURT

AT VISAKHAPATNAM

F.C.O.P /2019
Between:
1. Dr. T.Aravind,
2. Dr. Jyothirmayee Lala
… Petitioners

And

Nil … Respondent

AFFIDAVIT FILED UNDER ORDER 19 RULE 1 OF C.P.C R/W SECTION 26(2) OF


C.P.C.

I, Dr. T.Aravind, S/o Late T.Venkata Rathnam, Hindu, aged about 41 years,
Dental Doctor, residing at D.No.13-25-s9-527, Korlagunta, Near T.M.R.
Kalyanamandapam, Tirumala By-pass Road, Tirupati Town, Chittoor District, do
solemnly affirm and state as follows:

1. I am the deponent herein and first petitioner in the above case and as such
I am well acquainted with the case.

2. The above case has been filed u/s.13B of Hindu Marriage Act 1956 with a
prayer to dissolve our marriage dated 22.03.2014 as per the Hindu caste
custom and law at palm beach, Visakhapatnam.

3. Myself and the second petitioner are Hindus by religion. Our marriage was
performed on 22.03.2014 as per the Hindu caste custom and law at palm
beach, Visakhapatnam. It is respectfully submitted that Second petitioner
approached the court and filed DVC being DVC.No. 4 /2015 on the file of
Hon’ble IV Additional Chief Metropolitan Magistrate Court, Visakhapatnam
seeking maintenance and other reliefs. Interim order was granted U/S.23(2)
of the DVC Act vide Crl.M.P.No.3608 /2016 in DVC. Aggrieved by the said
order I preferred an appeal in Crl.A.No. 14 /2018 on the file of Hon’ble VI
Additional District & Sessions Judge Court, Visakhapatnam. I filed
F.C.O.P.No. 92 /2019 on the file of Hon’ble Family Court, Tirupati against the
Second petitioner for grant of Divorce. The Second petitioner approached
the Hon’ble High Court of A.P. for transfer of F.C.O.P.No. 92 /2019 from
Tirupati to Visakhapatnam. All these cases are pending. While so, at the
intervention of elders, we have arrived at a compromise and decided to
settle their dispute amicably. we have decided that they could not live
together as wife and husband due to their indifferences. Hence, we have
decided to dissolve our marriage which was performed on 22-3-2014. In this
regard we have entered into an agreement. The terms are that (1) both
petitioners have decided to take Divorce by mutual consent and to dissolve
their marriage celebrated on 22-3-2014 at Palm Beach Hotel, Visakhapatnam
by filing a petition before Hon’ble Judge of Family Court, Visakhapatnam
under Sec.13B of Hindu Marriage Act. (2) The First petitioner has agreed
to pay a sum of Rs.9,50,000/-(Rupees Nine Lakhs Fifty thousand only) to the
Second petitioner towards her Permanent alimony by way of Demand Draft
in the name of Second petitioner in any Nationalised Bank while disposing of
the O.P. which will be filed under Sec.13B of Hindu Marriage Act by both
parties. (3) The Second petitioner has agreed to receive the said amount of
Rs.9,50,000/- (Rupees Nine Lakhs Fifty thousand only) from the First
petitioner towards her Permanent alimony and she agreed to relinquish her
right of maintenance of past, present and future and she agreed that she
should not make any further claim against the First Party for any purpose
like future maintenance, recovery of gold jewels, silver, silk sarees and
household articles etc., (4) The Second petitioner has agreed to not press or
withdraw her D.V.C. case in D.V.C.No. 4 /2015 and enforcement petitions in
Crl.M.P.No. 3608 /2016 pending on the file of IV Additional Chief
Metropolitan Magistrate, Visakhapatnam after receiving the said permanent
alimony and after grant of Divorce under Sec.13B of Hindu Marriage Act.5.
(5) The Second petitioner has agreed to file ‘no objection memo’ in Criminal
Appeal Crl.A.No. 14 /2018 pending on the file of VI Additional District
Judge, Visakhapatnam to dispose off by recording the compromise of the
petitioners. The Second petitioner has agreed that she should not enforce
the interim maintenance Order granted in her favour in Crl.M.P.No. 3608 /
2016 in D.V.C.No. 4 /2015 on the file of IV Additional Chief Metropolitan
Magistrate, Visakhapatnam in future.

4. The First Petitioner has agreed to withdraw the O.P.No. 92 /2019 filed by
him against the Second petitioner on the file of Family Court, Tirupati and
the Second Petitioner has agreed to withdraw the Transfer petition in
TRCMP No.113/2019 filed by Second petitioner on the file Hon’ble
A.P.High Court, Amaravathi after grant of Divorce under Sec.13B of
Hindu Marriage Act. Both the First and Second petitioners agreed that
they should not have any right in the estate of each other and each of them
should not interfere with other’s life and they agreed that they should not
have any right in the estate of each other and each of them should not
interfere with other’s life. It is also agreed by both parties that neither
party will institute or file any civil or criminal cases against on each other
and their family members in relation to their matrimonial dispute and
properties in future after granting the divorce and even if both parties will
file in any civil or criminal cases against on each other and their family
members in future it will be null and void and unconditionally.

5. It is respectfully submitted that as per the terms of the compromise we


have decided to dissolve the marriage dated 23-5-2013 by decree of divorce
under mutual consent.

I, therefore, pray that the Honourable Court may be pleased to grant


decree of divorce under section 13B of HM Act by dissolving our marriage dated
22.03.2014 as otherwise I suffer irreparable loss and hardship.

DEPONENT
Solemnly affirmed and signed before me on this day of _________
2019 at Visakhapatnam.
ADVOCATE

IN THE HONOURABLE COURT OF


JUDGE FAMILY COURT
AT VISAKHAPATNAM

F.C.O.P /2019

AFFIDAVIT FILED UNDER ORDER


19 RULE 1 OF C.P.C. R/W SEC.26(2)
OF C.P.C.

FILED ON:
FILED BY:
V. SARAVANNA
V. NAGA RAJA REDDY
ADVOCATES
Mobile: 9848253201
9885222634

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