BEFORE THE PRINCIPAL JUDGE, FAMILY COURT
NORTH EAST DELHI, KARKARDOOMA COURTS, DELHI
HMA PETITION NO._______/2024
IN THE MATTER OF :-
MR. ABHINAV AGARWAL …...Petitioner No.1
Versus
MRS. AYUSHI JAIN ……Petitioner No.2
INDEX
S.L.NO PARTICULARS PAGE COURT
. NO. FEES
1. MEMO OF PARTIES
2. APPLICATION FOR WAIVING OFF THE SIX
MONTH MANDATORY PERIOD FOR
FILINGN THE SECOND MOTION PETITION
U/S 13-B (2) OF THE HMA ACT.
3. AFFIDAVITS IN SUPPORT OF THE PETITION
BY BOTH THE PARTIES.
4. COPY OF THE ORDER OF THE FIRST
MOTION PETITION BEARING NO 1214/2024
DECIDED ON 06-11-2024 BY THIS HONBLE
COURT.
5. VAKALATNAMA
PETITIONER No.1 PETITIONER No.2
(THROUGH COUNSEL) (THROUGH COUNSEL)
PLACE: DELHI
DATE: 06-12-2024
2
BEFORE THE PRINCIPAL JUDGE, FAMILY COURT
NORTH EAST DELHI, KARKARDOOMA COURTS, DELHI
HMA PETITION NO._______/2024
IN THE MATTER OF :-
MR. ABHINAV AGARWAL …...Petitioner No.1
Versus
MRS. AYUSHI JAIN ……Petitioner No.2
MEMO OF PARTIES
MEMO OF PARTIES
MR. ABHINAV AGARWAL
S/o Shri Sanjiva Agarwala
R/o T-1001, VVIP Addresses,
VVIP, Raj Nagar Extension,
Ghaziabad, Uttar Pradesh-201017
Mobile No: +91 99997 04601 ……Petitioner No.1
Versus
MRS. AYUSHI JAIN
D/o Shri Rajesh Kumar Jain
R/o C-100, Gali No.-5, New Usmanpur,
Shastri Park, North East Delhi,
Delhi- 110053
Mobile No: +91 9873394781 ……Petitioner No.2
PETITIONER No.1 PETITIONER No.2
(THROUGH COUNSEL) (THROUGH COUNSEL)
PLACE: DELHI
DATE: 06-12-2024
3
BEFORE THE PRINCIPAL JUDGE, FAMILY COURT
NORTH EAST DELHI, KARKARDOOMA COURTS, DELHI
HMA PETITION NO._______/2024
IN THE MATTER OF :-
MR. ABHINAV AGARWAL …...Petitioner No.1
Versus
MRS. AYUSHI JAIN ……Petitioner No.2
POLICE STATION: SEELAMPUR
APPLICATION U/S 151 CPC FOR WAIVING OFF
THE PERIOD OF SIX MONTHS FOR FILING
SECOND MOTION U/S 13-B OF THE HINDU
MARRIAGE ACT, FOR DISSOLUTION OF
MARRIAGE BY A DECREE OF DIVORCE BY
MUTUAL CONSENT.
MOST RESPECTFULLY SHOWETH:-
1. That the First Motion Petition under section 13(B)(1) of the Hindu
Marriage Act filed by the above petitioner no. 1 and petitioner no. 2 was
decided on 06-11-2024 by this Hon’ble Family Court. Copy of the order
dated 06.11.2024 is enclosed herewith as Annexure-A.
2. That the Petitioners cannot live together as husband and wife even after
persuasion of their relatives and friends.
3. That after the disposal of First Motion Petition on behalf of above said both
petitioner, again efforts were made by the family members, friends, and
close relative but no fruitful result come out even thereafter. Even after
passing of sufficient time the marital situation between the parties have not
changed. Rather, further waiting for mandatory period of six month period
will obstruct their way of re-marriage as well as resettlement.
4. That the Parties of this application have also signed the Petition for Divorce
by way of Mutual Consent under section 13(B)(2) of the Hindu Marriage
Act and the same is ready to file before this Hon’ble Court.
4
5. That the Petition for Divorce by way of Mutual Consent under section
13(B)(2) of the Hindu Marriage Act cannot be taken on record for hearing
as the same is being filed prior to the mandatory period provided under the
Hindu Marriage Act and as such the permission to allow the present
application on behalf of both the petitioners is very much essential.
PRAYER
In the premises aforesaid it is most respectfully prayed that this Hon'ble
Court may be pleased to: -
a) Waive off the period of six months for filing the second motion Petition
for dissolution of marriage by a decree of divorce by mutual consent U/s
13-B (2) of the Hindu Marriage Act.
b) Pass any other or further order as this Hon'ble Court may deem fit and
proper in the facts and circumstances of the present case.
PETITIONER No.1 PETITIONER No.2
(THROUGH COUNSEL) (THROUGH COUNSEL)
PLACE: DELHI
DATE: 06-12-2024
5
BEFORE THE PRINCIPAL JUDGE, FAMILY COURT
NORTH EAST DELHI, KARKARDOOMA COURTS, DELHI
HMA PETITION NO._______/2024
IN THE MATTER OF :-
MR. ABHINAV AGARWAL …...Petitioner No.1
Versus
MRS. AYUSHI JAIN ……Petitioner No.2
AFFIDAVIT
I, ABHINAV AGARWAL s/o Sh. Sanjiv Agarwala aged about 31 years, T-1001,
VVIP Addresses,VVIP, Raj Nagar Extension, Ghaziabad, Uttar Pradesh-
201017 do hereby solemnly affirm and declare as under:
1. That I am the Petitioner No.1 in the above noted matter and well
conversant with the facts of the case and am also competent to swear
this present affidavit.
2. That the contents of the present application under section 151 CPC for
waiving off the mandatory period of six month for the filing of Second
Motion Petition under section U/S 13-B(2) of the Hindu Marriage Act,
1955 have been drafted by my counsel as per my instructions and
contents of the same have been duly read and understood by me and
after fully understanding the contents of the same, I hereby state that the
fact stated therein are all true and correct to my knowledge that the fact
stated therein may kindly be read as part and parcel of the present
affidavit also as the contents of the same have not been reproduced
herein for the sake of brevity.
DEPONENT
VERIFICATION:
Verified at Delhi on this __ day of December-2024, that the contents of my
above affidavit are true and correct and nothing material has been
concealed therefrom.
DEPONENT
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BEFORE THE PRINCIPAL JUDGE, FAMILY COURT
NORTH EAST DELHI, KARKARDOOMA COURTS, DELHI
HMA PETITION NO._______/2024
IN THE MATTER OF :-
MR. ABHINAV AGARWAL …...Petitioner No.1
Versus
MRS. AYUSHI JAIN ……Petitioner No.2
AFFIDAVIT
I, AYUSHI JAIN W/o Sh. Abhinav Agarwal, aged about 28 years, D/o Shri
Rajesh Kumar Jain, R/o C-100, Gali No.-5, New Usmanpur, Shastri Park,
North East Delhi, Delhi- 110053, do hereby solemnly affirm and declare as
under:
1. That I am the Petitioner No.2 in the above noted matter and well
conversant with the facts of the case and am also competent to swear
this present affidavit.
3. That the contents of the present application under section 151 CPC for
waiving off the mandatory period of six month for the filing of Second
Motion Petition under section U/S 13-B(2) of the Hindu Marriage Act,
1955 have been drafted by my counsel as per my instructions and
contents of the same have been duly read and understood by me and
after fully understanding the contents of the same, I hereby state that the
fact stated therein are all true and correct to my knowledge that the fact
stated therein may kindly be read as part and parcel of the present
affidavit also as the contents of the same have not been reproduced
herein for the sake of brevity.
DEPONENT
VERIFICATION:
Verified at Delhi on this __ day of December-2024, that the contents of my
above affidavit are true and correct and nothing material has been
concealed therefrom.
DEPONENT
