Second Motion Neetu VS Vicky
Second Motion Neetu VS Vicky
Second Motion Neetu VS Vicky
THROUGH: THROUGH:
COUNSEL COUNSEL
DELHI
DATED:-
IN THE COURT OF SH. ANKUR JAIN, PRINCIPAL JUDGE, FAMILY
COURT, DISTRICT NORTH-EAST, KARKRDOOMA COURTS, DELHI
THROUGH: THROUGH:
COUNSEL COUNSEL
DELHI
DATED:
IN THE COURT OF SH. ANKUR JAIN, PRINCIPAL JUDGE ,FAMILY
COURT, DISTRICT NORTH-EAST, KARKRDOOMA COURTS, DELHI
1. That as referred above, the first motion divorce petition was decided by
the Hon’ble Court Concerned on dt. 01.03.2023
3. That later on, with the intervention of the well-wishers, relatives and
respective families members, who gathered from both the sides on
numbers times and in their presence, several efforts, negotiations and
discussions were took place in order to settle all the disputes and
grievances between the parties amicably, but no fruitful result came out,
however it came that both the parties are neither ready to continue their
relationship nor interested to live together as husband and wife with each
other and the parties decided to dissolve the marriage by way of filing
joint petition amicably from the Hon’ble Court Concerned. The marriage
between the parties has broken down irretrievably.
5. That the bare reading of MOU shows that parties have genuinely settled
their differences with each other including all their claims. As such the
waiting period will prolong their agony and harassment which they have
already suffered since their separation w.e.f. 09.10.2020 and now there is
no chance of reconciliation between the parties because more than 2 years
have been passed away to the parties to live separately with each other
and if the statutory period shall not waive for filing the divorce under
second petition, then irreparable loss would be caused to the parties.
P R A Y E R:-
It is, therefore, most respectfully prayed before this Hon’ble Court that
the statutory period of six months as required for filing petition U/s 13(B) (2)
HMA may kindly be waived off and divorce petition of the parties may kindly
be taken on record, in the interest of justice.
Delhi
Dated:-
Through: Through:
Counsel Counsel
IN THE COURT OF SH. ANKUR JAIN, PRINCIPAL JUDGE, FAMILY
COURT, DISTRICTNORTH-EAST, KARKRDOOMA COURTS, DELHI
Verified at Delhi on this 11th day of April, 2023 that the contents of my affidavit
are true and correct to my knowledge and belief and nothing has been concealed
therefrom.
DEPONENT
IN THE COURT OF SH. ANKUR JAIN, PRINCIPAL JUDGE, FAMILY
COURT, DISTRICT NORTH-EAST, KARKARDOOMA COURTS,
DELHI
…. Petitioner No.1
AND
Sh. Vicky
S/o Lt.Sh. Govind Ram
R/o H.No.959, 1st Floor, Janta Flat, GTB Enclave,
Delhi-110093
Presently At
R/o N-76/135 Dhobi Ghat New Om Nagar,
Sangam Park, Rana Pratap Bagh, Malika Ganj
North-Delhi-110007
…. Petitioner No.2
PS- Karawal Nagar
1. That both the parties are Hindu by religion and they are law-abiding and
peace loving citizen of India and are residing at their respective address.
2. That the marriage of the petitioner no.1 was solemnized with petitioner
No.2 on 23.02.2007, according to Hindu Rites, Customs & Ceremony at
Marriage Home. The affidavits of the parties to the petition are enclosed
herewith for the kind perusal of this Hon’ble Court.
3. That the age status place of residence of both the petitioner before their
marriage and at the time of filing the present petition were as under:-
PETITIONER NO.1/ WIFE
PETITIONER NO.2/HUSBAND
4. That after the marriage, the petitioners lived together as husband and wife
at the residence of the petitioner No.2 at H. No. 959, 1 st Floor, Janta Flat,
GTB Enclave, Delhi-110093 and the marriage was duly consummated,
one child born out namely Rishika, from this wedlock, which is presently
in the custody of the Petitioner No.1.
5. That after the marriage, the parties to the petition could not live together
and pull out their matrimonial life together owing to temperamental
disputes and differences, so that they decided to live separately with each
other since 09.10.2020 and their marriage has been broken down
irrevocably and there is no chance of their re-union in future.
7. That with the intervention of the parents, well-wishers, friends etc. the
parties to the petition have been understood and with due discussion, all
the issues and dispute has been amicably settled between the parties and
in this regard, they have also entered into an Memorandum of
Understanding/Settlement Deed dt. 01.02.2023 thereby the petitioners
have sorted out their claims, disputes and differences and have agreed to
dissolve their marriage by mutual consent on the basis of terms and
conditions of the said MOU, as follow:-
I. It is agreed between the parties that both the parties shall dissolve their
marriage by filing a petition under/section 13B (1) & (2) of the HMA on
the ground of mutual consent before the Hon’ble Family Courts, New
Delhi.
II. It is further agreed between the parties that after expiry of mandatory
prescribed six months or any earlier is any so permitted under the
law/Judicial Pronouncement they will file the second motion as
contemplated under the HMA, 1956, or in any other law and both the
parties shall cooperate in entire process of mutual consent divorce
proceedings and shall duly appear before the Hon’ble court for recording
of their respective statement as required in law for the first and the second
motion.
III. It is agreed between the parties that the second party/husband shall pay
total sum of Rs. 8000/-(Rupees Eight Thousand only) for his child
namely Baby Rishika in every 15th day as per English Calendar w.e.f. 15th
February-2023.
IV. It is further agreed between the parties that the second party will pay the
total sum of Rs.8000/- even after the child attains the majority age the
second party continue to pay the amount for her high studies.
V. It is further agreed between the parties that the wife shall withdraw the
maintenance case petition from the concerned principal judge, Family
court, Karkardooma Court on the next date i.e. 3rd April, 2023.
VI. It is further agreed between the parties that the wife will not have any
right, titles, interest, claim etc. whatsoever over the movable and
immovable properties of husband after granting the divorce subject to
compliance to this agreement.
VII. It is further agreed between the parties that these all proceedings shall be
completed within 60 days positively.
VIII. It is further agreed and undertake not to file any other complaint/petition
on/Execution Petition etc. against each other at any point of time in future
in any court of law in India and both the parties hereby agreed to abide by
the present settlement as having been reached without any undue
influence, pressure or coercion.
IX. It is agreed between the parties that in the event of failure of the
compliance of the present settlement both the parties shall be at liberty to
seek revival and pursue their respective cases/remedies under law which
includes proceedings mention herein.
X. That the parties have agreed on each and every terms as recorded in the
settlement after carefully reading and understanding and appreciating the
contents scope and effect thereof, as also the consequences of breach
thereof including payments of the fine/penalty as mentioned above.
XI. That the above settlement between the parties has been arrived at out of
their free will, volition and consent and without any force, pressure,
undue, influence, coercion, or mistake, misrepresentation (both the law
and facts) from any quarters whatsoever and the parties have signed the
present settlement after being explained the content of the settlement in
vernacular.
8. That as per the compliance of the said Settlement/MOU, the divorce
petition under first motion was filed by both the parties vide HMA No.
215/2023 before the Ld. Principal Judge and accordingly, the divorce has
been granted on 01.03.2023 by the court of Mr. Ankur Jain Ld. Principal
Judge Family Court, District North-East, Karkardooma Courts, Delhi and
statement of both the parties have also been recorded.
9. That further in terms of the said settlement/MOU, both the parties are
filing the present petition under second motion before this Hon’ble Court.
11. That the mutual consent has not been obtained by force, fraud or undue
influence.
12. That the petition has not been presented in collusion with each other.
13. That there is no any necessary or improper delay in filling the present
petition.
14. That there is no ground/no other legal ground why relief claims should
not be granted to the petitioners.
15. That petitioner no.1 is residing at H. No. B-463, Gali no-6, Prem Vihar
Karawal Nagar, delhi-110094, which comes within the local territorial
jurisdiction of this Hon’ble Court and fallen under PS- Karawal Nagar,
hence this Hon’ble Court has got territorial jurisdiction to entertain, try
and decide the present petition.
16. That the requisite court fee has been paid and affixed on the petition.
PRAYER:-
It is, therefore, most respectfully prayed that this Hon’ble Court may
kindly be pleased to pass a decree of divorce U/s 13-B-(2) of Hindu Marriage
Act, 1955, thereby dissolving the marriage solemnized on 23.02.2007 of the
petitioners on the mutual Consent, in the interest of justice.
Any other order(s) which this Hon’ble Court deems fit and proper may
also be passed in favour of the parties.
THROUGH: THROUGH:
COUNSEL COUNSEL
DELHI
DATED:
VERIFICATION:-
We the petitioners verified that the contents of Para No. to are true and correct
to our personal knowledge and belief and Para No to are true and correct as
per information received and legal advice received and believed to be true and
correct. The last para is prayer to this Hon'ble Court.
I, Neetu (Age 40 years) W/o Sh. Vicky D/o Sh. Kanti Prasad R/o H. No B-
463, Gali No-6, Prem Vihar, Karawal Nagar, Delhi-110094, do hereby solemnly
affirm and declare as under:
1. That I am deponent herein and the petitioner No.1/wife in the above
noted matter and am well conversant with the facts and circumstances
of the case, hence I am competent to swear this affidavit.
2. That I have filed the accompanying petition under Section 13-B (2) of
the H.M.A Act before this Hon’ble Court. The contents of the same
are not being repeated herein for the sake of brevity and the same
may be read as part and parcel of this affidavit.
3. That I got married with the petitioner No.2 according to Hindu Rites
and ceremonies on 23.02.2007.
4. That I have been living separately from the petitioner No.2 w.e.f.
9.10.2020 and we are not able to live together and have not cohabited
with each other since then. The marriage has broken down
irretrievably.
5. That mutual consent for divorce has not been obtained by force, fraud
or undue influence by me or petitioner No.2.
6. That the petition has been drafted by my counsel under my
instruction. The contents of the same are read over to me in
vernacular language and I have signed the same in the token of its
correctness.
DEPONENT
VERIFICATION:-
DEPONENT
IN THE COURT OF SH.ANKUR JAIN, PRINCIPAL JUDGE, FAMILY
COURT, DISTRICT NORTH-EAST, KARKRDOOMA COURTS, DELHI
I, Vicky (age 39 years) S/o Lt. Sh. Govind Ram , R/o H.No.959, 1 st
Floor, Janta Flat, GTB Enclave, Delhi-110093 Presently Residing At R/o N-
76/135 Dhobi Ghat New Om Nagar, Sangam Park, Rana Pratap Bagh, Malika
Ganj, North-Delhi-110007, do hereby solemnly affirm & declare as under:-
VERIFICATION:-
DEPONENT
IN THE COURT OF SH. ANKUR JAIN, PRINCIPAL JUDGE, FAMILY
COURT, DISTRICT SHAHDARA, KARKRDOOMA COURTS, DELHI
I, Neetu (Age 40 years) W/o Sh. Vicky D/o Sh. Kanti Prasad R/o H. No B-463,
Gali No-6, Prem Vihar, Karawal Nagar, Delhi-110094, do hereby solemnly
affirm and declare as under:
1. That I say that I am petitioner No.1/wife in the above mentioned petition
and am fully conversant with the facts of the petition, thus I am
competent and in a position to swear this affidavit.
2. That I say that I got married with the petitioner No.2 on 23.02.2007
according to Hindu Rites and Ceremonies, at Marriage Home, Delhi.
and out of this wedlock, there is one child born to the parties namely
Baby Rishika
3. That I have been living separately from the petitioner No.2 w.e.f.
09.10.2020 and we are not able to live together and have not cohabited
with each other since then. The marriage has broken down irretrievably.
4. That the parties to the petition have mutually agreed that their marriage
should be dissolved by mutual consent by a decree of divorce by this
Ld. Court.
5. That with the intervention of the parents, well-wishers, friends etc., the
petitioner No.1 and 2 have decided to resolve their all matrimonial
issues and also they have arrived into a MOU/Settlement Deed
dt.01.02.2023 on the following terms and conditions:-
I. It is agreed between the parties that both the parties shall dissolve their
marriage by filing a petition under/section 13B (1) & (2) of the HMA on
the ground of mutual consent before the Hon’ble Family Courts, New
Delhi.
II. It is further agreed between the parties that after expiry of mandatory
prescribed six months or any earlier is any so permitted under the
law/Judicial Pronouncement they will file the second motion as
contemplated under the HMA, 1956, or in any other law and both the
parties shall cooperate in entire process of mutual consent divorce
proceedings and shall duly appear before the Hon’ble court for recording
of their respective statement as required in law for the first and the second
motion.
III. It is agreed between the parties that the second party/husband shall pay
total sum of Rs. 8000/-(Rupees Eight Thousand only) for his child
namely Baby Rishika in every 15th day as per English Calendar w.e.f. 15th
February-2023.
IV. It is further agreed between the parties that the second party will pay the
total sum of Rs.8000/- even after the child attains the majority age the
second party continue to pay the amount for her high studies.
V. It is further agreed between the parties that the wife shall withdraw the
maintenance case petition from the concerned principal judge, Family
court, Karkardooma Court on the next date i.e. 3rd April, 2023.
VI. It is further agreed between the parties that the wife will not have any
right, titles, interest, claim etc. whatsoever over the movable and
immovable properties of husband after granting the divorce subject to
compliance to this agreement.
VII. It is further agreed between the parties that these all proceedings shall be
completed within 60 days positively.
VIII. It is further agreed and undertake not to file any other complaint/petition
on/Execution Petition etc. against each other at any point of time in future
in any court of law in India and both the parties hereby agreed to abide by
the present settlement as having been reached without any undue
influence, pressure or coercion.
IX. It is agreed between the parties that in the event of failure of the
compliance of the present settlement both the parties shall be at liberty to
seek revival and pursue their respective cases/remedies under law which
includes proceedings mention herein.
X. That the parties have agreed on each and every terms as recorded in the
settlement after carefully reading and understanding and appreciating the
contents scope and effect thereof, as also the consequences of breach
thereof including payments of the fine/penalty as mentioned above.
XI. That the above settlement between the parties has been arrived at out of
their free will, volition and consent and without any force, pressure,
undue, influence, coercion, or mistake, misrepresentation (both the law
and facts) from any quarters whatsoever and the parties have signed the
present settlement after being explained the content of the settlement in
vernacular.
6. That the petitioners are fully satisfied with the present MOU/Settlement
and as such they will not file any claim of any nature whatsoever in future
including claim for maintenance, permanent alimony etc. against each
other or their respective family members.
7. That I undertake to abide by the MOU/Settlement arrived at between me
and petitioner No.2 as mentioned in the foregoing paras as mentioned
above.
10. That I say that the above petition is not presented in collusion with the
petitioner No.2.
11. That I say that the mutual consent has not been obtained by force, fraud
or undue influence.
12. That I say that I have gone through the accompanying petition for
dissolution of marriage by a decree of dissolution of marriage by mutual
consent and the contents of the same are correct and no part of it is false.
13. That I say that I undertake to abide by the terms and conditions as
mentioned in the petition in its true letter and spirit.
14. That I say that the contents of the accompanying petition may be read as
part of this affidavit as those are not being repeated herein for the sake of
brevity.
DEPONENT
VERIFICATION:-
DEPONENT
IN THE COURT OF SH.ANKUR JAIN, PRINCIPAL JUDGE,
FAMILY COURT, DISTRICT NORTH-EAST, KARKRDOOMA
COURTS, DELHI
I, Vicky (Age 39 years) S/o Lt.Sh. Govind Ram , R/o H.No.959, 1 st Floor,
Janta Flat, GTB Enclave,Delhi-1110093 Also At R/o N-76/135 Dhobi Ghat
New Om Nagar, Sangam Park, Rana Pratap Bagh, Malika Ganj, North-Delhi-
110007, do hereby solemnly affirm & declare as under:-
2. That I say that I got married with the petitioner No.1on 23.02.2007
according to Hindu Rites and Ceremonies, at Delhi. And out of this
wedlock, there is no child born to the parties.
3. That I have been living separately from the petitioner No.1 w.e.f.
09.10.2020 and we are not able to live together and have not cohabited
with each other since then. The marriage has broken down irretrievably.
4. That the parties to the petition have mutually agreed that their marriage
should be dissolved by mutual consent by a decree of divorce by this
Hon’ble Court.
5. That with the intervention of the parents, well-wishers, friends etc., the
petitioner No.1 and 2 have decided to resolve their all matrimonial
issues and also they have arrived into a MOU/Settlement Deed
dt.01.02.2023 on the following terms and conditions:-
I. It is agreed between the parties that both the parties shall dissolve their
marriage by filing a petition under/section 13B (1) & (2) of the HMA on
the ground of mutual consent before the Hon’ble Family Courts, New
Delhi.
II. It is further agreed between the parties that after expiry of mandatory
prescribed six months or any earlier is any so permitted under the
law/Judicial Pronouncement they will file the second motion as
contemplated under the HMA, 1956, or in any other law and both the
parties shall cooperate in entire process of mutual consent divorce
proceedings and shall duly appear before the Hon’ble court for recording
of their respective statement as required in law for the first and the second
motion.
III. It is agreed between the parties that the second party/husband shall pay
total sum of Rs. 8000/-(Rupees Eight Thousand only) for his child
namely Baby Rishika in every 15th day as per English Calendar w.e.f. 15th
February-2023.
IV. It is further agreed between the parties that the second party will pay the
total sum of Rs.8000/- even after the child attains the majority age the
second party continue to pay the amount for her high studies.
V. It is further agreed between the parties that the wife shall withdraw the
maintenance case petition from the concerned principal judge, Family
court, Karkardooma Court on the next date i.e. 3rd April, 2023.
VI. It is further agreed between the parties that the wife will not have any
right, titles, interest, claim etc. whatsoever over the movable and
immovable properties of husband after granting the divorce subject to
compliance to this agreement.
VII. It is further agreed between the parties that these all proceedings shall be
completed within 60 days positively.
VIII. It is further agreed and undertake not to file any other complaint/petition
on/Execution Petition etc. against each other at any point of time in future
in any court of law in India and both the parties hereby agreed to abide by
the present settlement as having been reached without any undue
influence, pressure or coercion.
IX. It is agreed between the parties that in the event of failure of the
compliance of the present settlement both the parties shall be at liberty to
seek revival and pursue their respective cases/remedies under law which
includes proceedings mention herein.
X. That the parties have agreed on each and every terms as recorded in the
settlement after carefully reading and understanding and appreciating the
contents scope and effect thereof, as also the consequences of breach
thereof including payments of the fine/penalty as mentioned above.
XI. That the above settlement between the parties has been arrived at out of
their free will, volition and consent and without any force, pressure,
undue, influence, coercion, or mistake, misrepresentation (both the law
and facts) from any quarters whatsoever and the parties have signed the
present settlement after being explained the content of the settlement in
vernacular.
6. That the petitioners are fully satisfied with the present MOU/Settlement
and as such they will not file any claim of any nature whatsoever in future
including claim for maintenance, permanent alimony etc. against each
other or their respective family members.
7. That I undertake to abide by the MOU/Settlement arrived at between me
and petitioner No.1 as mentioned in the foregoing paras as mentioned
above.
10. That I say that the above petition is not presented in collusion with the
petitioner No.1.
11. That I say that the mutual consent has not been obtained by force, fraud
or undue influence.
12. That I say that I have gone through the accompanying petition for
dissolution of marriage by a decree of dissolution of marriage by mutual
consent and the contents of the same are correct and no part of it is false.
13. That I say that I undertake to abide by the terms and conditions as
mentioned in the petition in its true letter and spirit.
14. That I say that the contents of the accompanying petition may be read as
part of this affidavit as those are not being repeated herein for the sake of
brevity.
DEPONENT
VERIFICATION:-
DEPONENT
IN THE COURT OF SH.ANKUR JAIN, PRINCIPAL JUDGE, FAMILY
COURT, DISTRICT NORTH-EAST, KARKARDOOMA COURTS,
DELHI
I, Neetu (Age 40 years) W/o Sh. Vicky D/o Sh. Kanti Prasad R/o H. No B-
463, Gali No-6, Prem Vihar, Karawal Nagar, Delhi-110094, do hereby solemnly
affirm and declare as under:
DEPONENT
VERIFICATION
DEPONENT
Annexure-A
CERTIFICATE
hereby certify that I have personally verified the copies of the documents of the
petitioners, enclosed with the petition with the originals and that the same are
true copies of their respective originals. I also undertake to submit the duly
signed and attested petition, in original in the court and to make up the
deficiency, if any, in the court fee within the 15 days of reopening of the courts.
(to be filed by the petitioner(s) along with the petition of the Hindu Marriage
Act filed through electronic mode
Certificate
I, Neetu W/o Sh. Vicky D/o Sh. Kanti Prasad , R/o H.No- B-463, Gali No-6,
Prem Vihar, Karawal Nagar the petitioner No.1 do hereby certify that the
documents annexed to the petition are true copies of their respective originals.
The documents so annexed are self-attested and if the same are found to be false
or fabricated, I shall make myself liable for civil and criminal legal action. I
undertake to submit the duly signed and attested petition, in original in the court
and to make up the deficiency, if any, in the court fee within the 15 days of
reopening of the courts.
Neetu
W/o Sh. Vicky
D/o Sh.Kanti Prasad