CHECK-LIST VALUATION OF SUIT JURISDICTION west Basted 4 € 2.| NAME & ADDRESS OF ADVOCATE trates Clare ~ Las Se ChiNo FSI, DEST: Court Ro bred Bes. os eS 3 NATURE OF 5 su Gril (Muted Divert ucler [Section 10 n> 4] AGE OF PARTIES Paint a1 ; Defendant ay 5 | CAVEAT [ee NO! me 6: | WHETHER ANT EARMARKED COURT — nh -| COURT FEE AFFIXED SI_| Relief | Valuation | Valuation | Court fee No. | Sought | of Relief | ofrelief | paidon forthe | forthe | eachrelief purpose of | purpose | individually jurisdiction | of court fee Deere ve | Th Ie 8 i id [ v ‘CONNECTED CASES IF ANY & NAME OF THE ‘COURT WHERE PENDING Diverce vit |o Ct) inction divorce Act 1869 |S pen id 7 Pare, Ths Hagand Couto’? epee the ttoneble Cont Shem. Rett cteactiany welt Case No. 10% )9)9024- on oF] u]20°4-Plaintiff/ Petitioner / Complainant /Appellant 7] Decree Holder ete. (Please fill ap al the relopnnt hss 2) Molds are mantel —_———_| 1 [tName of Complainant / P1 ) Sobrina Sunny 2_|* Slo, Wlo, Dio Suing Thomas 4 _[Aadhar Card No. te “fede pleas 5__|* Gender Female | ‘tionality |_ Indien 6 _ {Date of Birth Wl yo [rerax pace | SI 7 |f Mobile No & * Email ld * Act / Section us 10% a Inalian are Re | Valuation of Suit [cdurt Fees Ascertain FBourt Fees Pa 10 _|* Police Station Khagola 11 |# F.LR.No. & Year rain metonerDefendanv Accusedoters Ade) “) ‘S.No Defendant / Accused / Respondent /Appeliant / judgment Debtor ete al (Please fill up the relevant fields & (*) fields are mandatory * Name of Defendant /| 1 | Aoeell Ga nny Thro mod 2 |* Slo, Wio, Dio Themes Kogamo i Hine. B64, Bleck-@. Janta Coley By one rivet vila. Tagore qorelan, D 4 Aadhar Card No. v fin coae | 1! 0 [021% 5 |* Gender MALE ‘ationality | \wols'ou 6 (Date of Birth 10 o¢ 1940 Age SY 1 * Mobile No & * Email Id [s.No ‘Advocate for Plaintift/Complainant/Petitioner/Deeree - Holder ete, 1 * Name of Advocate Tae Cheasrens budbe [oar Reg. No.| > [Us '3 =H ae address che No. 73) iF oor, Distt. Court Roki, pela u@ES.IN THE COURT OF HON’BLE PRINCIPAL JUDGE, FAME COURT, WEST DISTRICT, TIS HAZARI COURTS, DELHI, IDANo.____/2024 IN THE MATTER OF: SABRINA SUNNY. «PETITIONER NO.1 AND SUNNY THOMAS ...PETITIONER NO.2 INDEX SL.NO. | PARTICULARS PAGES. CF. 1 ‘Memo of parties ‘qs Re 1 2. Petition under Section 10A (Fixst Motion) of] 4 — 25 The] inclion DIVORCE ACT, 1869 BR with Affidavits 3. List of documents with|>4y— 3 documents 4. Vakalatnama(s) 34 ! Delhi Dated: 30.09.2024 de PETITIONER NO.1 PETITIONER NO.2 re ee INDRA CHARAN TUDU AdvocateGOVERNMENT OF NCT OF DELHI e-Court Fee DATE & TIME: 15JUL-2019 10:56:25, NaMeS OF THE ACC! REGISTERED USER : sHCIL LOCATION: ROHINI COURT e-COURT RECEIPT NO: pLeTisotctessKos2 COURT FEE AMOUNT: +20 (Rupees Twenty Oni) 1 eeropancy int inform tna Compaten—_~ IN THE COURT OF HON’BLE PRINCIPAL JUDGE, FAMILY COURT, WEST DISTRICT, TIS HAZARI COURTS, DELHI, IDANo. 12024 IN THE ROF: SABRINA SUNNY PETITIONER NO.1 AND SUNNY THOMAS ... PETITIONER NO.2 MEMO OF PARTIES Sabrina Sunny ‘W/o Sunny Thomas B/o House No. B-64B, Block-B, Janta Colony, Shivaji Vihar, Tagore Garden, West Delhi, Delhi-110027 Presently at H1.No- wz-429, Raghubir Nagar, S.0. West Delhi-110027 ...Petitioner No.1 Sunny Thomas s @ Thomas Rozario BR/o House No. B-64, Block-B, Janta Colony, Shivaji Vihar, Tagore Garden, West Delhi, Delhi-110027 .-».Petitioner No. Delhi Dated: 30.09.2024 Kes PETITIONER NO.1 PETITIONER NO.2 ( ous Yo ad INDRA CHARAN TUDU AdvocateIN THE COURT OF HON’BLE PRINCIPAL JUDG COURT, DISTRICT WEST, TIS HAZARI COURTS IDA No. /2024 INTE IATTER O} Sabrina Sunny W/o Sunny Thomas Ro House No. B-64b Block-B, Janta Colony, Shivaji Vihar, Tagore Garden, West Delhi, Delhi-110027 Presently at H.No- wz-429, Janta Colony, Raghubir Nagar, Tagore Garden, S.0. ‘West Delhi-110027 petitioner no.1 And Sunny Thomas S/o Thomas @ Thomas Rozario BR/o House No. B-64 Block-B, Janta Colony, Shivaji Vihar, Tagore Garden, West Delhi, Delhi-110027 _ petitioner no,2 P.S. KHAYALA PETITION FOR DISSOLUTION OF MARRIAGE BY _A_ DECREE OF DIVORCE BY MUTUAL BY_A_ DECREE OF DIVORCE BY MUINA“ CONSENT UNDER SECTION 10-A OF THE CONSENT UNDER SECTION 10-4INDIA DIVORCE ACT AS AMENDED UPTO INDIA_DIVORCE ACT AS AMENDED UTIL DATE. MOST RESPECTFULLY SHOWETH: 1. That marriage was solemnized between the petitioner No.1 and petitioner No.2 on 26.10.2013 according to Christian and Customs at ST. MARK’S CHURCH, 35/41, WEST PUNJABI BAGH, NEW DELHI-1 10026. Affidavits as well as documents showing the marriage of the petitioners are attached herewith. 2. — That the status, age and place of residence of petitioner No.1 and the petitioner No.2 before the marriage and at the time of filing the present petition were/are as under: WIFE/PETITIONER NO.1 Status [Age _ | Place of Residence Before [Hindu [21 TLNo- Wz-429, marriage | Virgin | years | Janta Colony, Raghubir Nagar, Tagore Garden, S.0. West Delhi-110027 At the Christian |31 House no. B-64b time of| married | Years | Block-B, Janta Colony, filing Shivaji Vihar, Tagore Garden, the West Delhi, Delhi-110027 present petitionHUSBAND/PETITIONER NO.2 Status [Age | Place of Residence Before | Christian [23 | House no. B-64b marriage | Bachelor |Yrs | Block-B, Janta Colony, Shivaji Vihar, Tagore Garden, West Delhi, Dethi- 110027 ‘At the | Christian [34 | House no. B-64 time of |married | Yrs_| Block-B, Janta Colony, filing the Shivaji Vihar, Tagore present Garden, West Delhi, Delhi- | petition 110027 That the marriage of the parties was duly consummated at Delhi and there is one girl name Alina Thomas Date of Birth 17.02.2017 age 4 Yrs. out of the wedlock of the parties. The parties mutually agreed to keep the custody of the child to Wife/Petitioner No.1. ‘That due to temperamental disputes and differences arose between the parties and they could not adjust with each other, inspite of their best efforts. The common friends, relatives and parents did their level best but the differences could not be resolved,That the parties to the petition have been living separately since 30.05.2019 and have not been able to live together as husband and wife since then. ‘That the petitioners with the intervention of their parents, relations, friends, well-wishers and respectable persons of the society have now realized that it would not be in their interest to prosecute the litigation which is bound to spoil their life, career of both the petitioners hence the good counseling has prevailed upon them to resolve their disputes amicably forever not only by putting an end to their marriage but also by resolving their disputes and differences by way of an amicable settlement which would enable them to build up their new career. ‘That the efforts for the reconciliation of the parties have become futile and now they have mutually agreed to dissolve their marriage by a decree of divorce on the basis of mutual consent. Hence, the present petition. ‘That earlier the parties to the petition filed divorce by mutual consent in the year, 2021, however, due to some personal10, problem of petitioner no.1 the proceeding under section 10-A of the Indian Divorce Act could not be completed. That on 07 OCT RF both the petitioners have again entered into a written Settlement deed/MOU in the presence of the relatives, common friends, parents and respectable persons of the society. That as per the compromise/Settlement deed/MOU, the petitioner No.1 has received all her istridhan, jewellery, dowry articles from petitioner No.2 before the presentation of First motion to obtain decree of divorce and in this respect both the parties have signed the said MOU in the presence of parents, respective and well-wishers of both the petitioners and the petitioners have finally settled all their claims including present, past, future and permanent alimony of petitioner No.1. It is also settled between the petitioners that after receiving the said articles, the petitioner No.1 has no claim towards the petitioner No.2 of dowry articles, istridhan, maintenance, permanent alimony ete, of any kind.lL. 12. 13. 14, ‘That the petitioner No.1 further undertakes that she does not claim any rights, title of interest qua any property movable or immovable of whatsoever nature against the petitioner No.2 and his family members, whether self-acquired or ancestral or otherwise. ‘That the petitioners shall not harass, humiliate and torture to cach other of their family members either by telephonically or through any other electronics means or communication at any point of time. ‘That the petitioner No.1 will relinquish all her legal rights after receiving the whole of the istridhan and dowry articles from the petitioner No.2. That the petitioners to the petition shall not file any complaint/petition against each other or their family members in any court of law or police authorities anywhere. That it has also been agreed between the parties that neither the party shall fille any litigation, complaint against each other nor their family members in future and if any pending, then the same will be withdrawn or will be treated as null and void.15. 16. 17. 18. ‘That petitioner No.1 shall not claim any past, present or future maintenance and permanent alimony in any court and further she undertakes that she will not file any case of Women for Domestic Violence Act 2005 or she will not file the case under section 125 Cr.P.C for maintenance from the petitioner No.2 or his family members in any court of law. ‘That both the petitioners shall be bound by terms and conditions of the above settlement. The settlement has been reached between the parties voluntarily and without any force, pressure or coercion from anybody. ‘That it is submitted that the petitioner no.2 has filed divorce under section 10(1)(x) of the Indian Divorce Act of 1869 on 06.05.2024, and the same is pending before the Hon’ble court ‘of Ms. Aditi Chaudhary, Principal Judge, Family Court, Tis Hazari District Court, Delhi and the next date of hearing is fixed on 07.11.2024. ‘That the present petition has not been filed in collusion with each other.19, ‘That the mutual consent ofthe parties has not been obtained by force fraud or undue influence. 90, That there has not been any unnecessary or improper delay in instituting the present proceedings. 21, ‘That there is no legal impediment as why the relief sought for be not granted to the parties. 22, That the parties to the petition are reside and work for gain at Delhi, the marriage was solemnized at Delhi and both the parties are lastly resided at Delhi and the petitioner No.1 is residing under the jurisdition of this Hon’ble Court hence this Hon’ble Court has jurisdiction to try and entertain the present petition. 23, That the requisite court fee for the purposes of court fees has been affixed on the petition as required under law. PRAYER It is, therefore most respectfully prayed that this Hon’ble Court may graciously be pleased to dissolve the marriage between the parties by passing a decree of divorce by mutual consent as provided Aha Indion under section 10-A (First Motion) of DIVORCE Act 1869; \o\\ Itis prayed accordingly. Delhi Dated: 30.09.2024 Qabrina PETITIONER NO.1 PETITIONER NO.2 hroygh Re AY INDRA CHARAN TUDU Advocate VERIFICATION: We, SABRINA SUNNY W/o Mr. Sunny Thomas D/o Sh. Amarjeet Singh and SUNNY THOMAS, S/o Mr. Thomas Rozario, the above-named petitioners No.1 and 2 do hereby solemnly affirmed that the contents of the above petition from para 1 to 18 are true and correct to the best of our knowledge and belief and those of para from 19 to 21 of the petitions are true to the information received and believed to be true while the last para is prayer to this Hon’ble Court. Verified at Delhi on this __day of Sepiember, 2024. Sabsfag fe PETITIONER NO.1 PETITIONER NO.2IN THE COURT OF HON’BLE PRINCIPAL JUDGE, FAMILY COURT, WEST DISTRICT, TIS HAZARI COURTS, DELHI, IDA No. /2024 IN THE MATTER OF: SABRINA SUNNY .-s PETITIONER NO.1 AND SUNNY THOMAS +.PETITIONER NO.2 AFFIDAVIT I, SABRINA SUNNY, W/O MR. SUNNY THOMAS, D/O SH. AMARIEET SINGH, AGE ABOUT 28 YEARS, R/O HOUSE NO. B-64B, BLOCK-B, JANTA COLONY, SHIVAJI VIHAR, TAGORE GARDEN, WEST DELHI, DELHI-110027, Presently at H.No- wz- 429, Janta Colony, Raghubir Nagar, Tagore Garden, S.O. West Delhi- 110027do hereby solemnly affirm and declare as under: 1. That I am the petitioner No.1 in the above noted petition and well conversant with the facts of the case and fully competent to file the present affidavit. 2. That the marriage between the deponent and the petitioner No.2 -d on 26.10.2013 according to Christian Rites and ’s Church, Punjabi Bagh, Delhi.13 ‘Amarjeet ‘That the deponent and petitioner No2 have been living separately since 30.05.2019 and have not been able to live together as husband and wife since then. “That the petition is not present or prosecuted with the collusion of the petitioner No.2. ‘That the mutual consent of the parties has not been obtained by force, fraud or undue influence. ‘That there are no other previous proceedings for divorce between the parties under the DIVORCE ACT, 1869 pending, in any court of law except the present one ‘That there is no legal impediment as to why the relief sought be not granted to the deponent. Sabrina DEPONENT VERIFICATION: I, SABRINA SUNNY, W/O SUNNY THOMAS, Dio Sh. ingh the above-named deponent do hereby verify on solemn affirmation that the contents ‘of the above affidavit from paras 7 are true and correct to the best of my knowledge and belie! and false and nothing material has been concealedtherefrom. The contents of the above affidavit have been explained to ‘me in my vernacular language. Daly QF Sephthtber, 2024, DEPONENT rested paras rect peut 07 OC) We1s IN THE COURT OF HON’BLE PRINCIPAL JUDGE, FAMILY COURT, WEST DISTRICT, TIS HAZARI COURTS, DELHI, IDA No. /2024 IN THE MATTER OF: SABRINA SUNNY «PETITIONER NO.1 AND SUNNY THOMAS ++. PETITIONER NO.2 AFFIDAVIT 1, SUNNY THOMAS, S/O MR. THOMAS @ THOMAS ROZARIO, AGE ABOUT 31 YEARS, R/O HOUSE NO. B-64, BLOCK-B, JANTA COLONY, SHIVAJI VIHAR, TAGORE GARDEN, WEST DELHI, DELHI-110027, do hereby solemnly affirm and declare as, under: 1, That I am the petitioner No.2 in the above noted petition and well conversant with the facts of the case and fully competent to file the present affidavit. 2, That the marriage between the deponent and the petitioner No. was solemnized on 26.10.2013 according to Christian Rites and GOTARPOvctoms at St. Mark’s Church, Punjabi Bagh, Delhi.‘That the deponent and petitioner No.1 have been living separately since 30.05.2019 and have not been able to live together as husband and wife since then. 4, That the petition is not present or prosecuted with the collusion of the petitioner No.1. 5. That the mutual consent of the parties has not been obtained by force, fraud or undue influence, 6 That there ate no other previous proceedings for divorce between the parties under the DIVORCE ACT, 1869 pending in any court of law except the present one, 7. That there is no legal impediment as to why the relief sought be ol DEPONENT not granted to the deponent. VERIFICATION: I, SUNNY THOMAS, S/O THOMAS @ THOMAS ROZARIO, the above-named deponent do hereby verify on solemn affirmation that the contents of the above affidavit from paras 1 to 7 are true and correct to the best of my knowledge and belief and no s¢ and nothing material has been concealed therefrom,ahs The contents of the above affidavit have been explained to me in my vernacular language. Verifiecgg va this 0 pbs daobrrer, 2024. DEPONENT ATTESTED , NOTARY PUBLIC, DELHI 07 oct ameIN THE COURT OF HON’BLE PRINCIPAL JUDGE, FAMILY COURT, WEST DISTRICT, TIS HAZARI COURTS, DELHI, IDA No. /2024 IN THE MATTER OI SABRINA SUNNY .+-PETITIONER NO.1 AND SUNNY THOMAS +-:PETITIONER NO.2 AFFIDAVIT AFFIDAVIT IN COMPLIANCE OF GUIDELINES GIVEN BY THE HON’BLE HIGH COURT OF DELHI IN MATTER “RAJAT GUPTA VS. RUPALI GUPTA”. I, SUNNY THOMAS, S/O MR. THOMAS @ THOMAS ROZARIO, AGE ABOUT 31 YEARS, RO HOUSE NO. B-64, BLOCK-B, JANTA COLONY, SHIVAJI VIHAR, TAGORE GARDEN, WEST DELHI, DELHI-110027, do hereby solemnly affirm and declare as under: 1. That I am the petitioner No.2/Wife in the above noted petition and am well conversant to the facts and circumstances of the" That the contents of the accompanying petition under Section 10-A of the Divorce Act 1869 has been drafted by my counsel under my instructions and the same have been explained to me in vernacular which are true and correct to my knowledge, the contents of the same may kindly be read as part and parcel of present affidavit, which are not being reproduced herein for the sake of brevity. ‘That marriage between the petitioners was solemnized on 26.10.2013 at New Delhi according to Christian rites, Custom and ceremonies at St. Mark’s Church, Punjabi Bagh, Delhi. ‘The marriage was consummated between the petitioners one child namely Alina Thomas was born out of this wedlock. ‘That both the petitioners had executed the settlement deed/MOU dated 30.09.2024 between both the parties after understanding the contents of the same in vernacular and voluntarily without pressure, threat or coercion in the presence of the close friends and relatives of both the Petitioners and respectable persons of the society and shall be liable for the penal consequences in case of breach. ‘That both the petitioners to the present petition shall bound with the terms conditions of the settlement deed/MOU Executed by them on 30.09.2024 between both the parties. ‘That the consent of neither of the petitioners has been obtained eed no7. That if any of the Petitioners defaults or withdraws from any of the terms and conditions of the Settlement deed/MOU dated 30.09.2024, then the defaulting petitioner shall be liable to restore all the benefits gained by him/her under the settlement to the other Petitioner and the other petitioner would be entitled to proceed/initiate to their cases without any prejudice. 8, That the Petitioner no.1 affirm and shall comply the guidelines as given by the Hon'ble High Court of Delhi in its order dated 15.05.2018 in “Rajat Gupta Vs. Rupali Gupta”. It is further agreed between the petitioners that for breach of undertaking given to the concemed court of willful/deliberate violation of @ consent order/decree, the defaulting petitioner shall be liable to be punished/penal consequences for contempt of court DEPONENT VERIFICATION: - Verified at Delhi on this day of 30.09.2024 that the contents of my above affidavit are true and correct to the best of my .e. Nothing material has been concealed there from. ATTESTED DEPONENT NOTARY PUBLIC, DELHI 7 OCT 2028IN THE COURT OF HON’BLE PRINCIPAL JUDGE, FAMILY COURT, WEST DISTRICT, TIS HAZARI COURTS, DELHI, IDA No. /2024 IN THE MATTER OF: SABRINA SUNNY PETITIONER NO.1 AND SUNNY THOMAS «:PETITIONER NO.2 AFFIDAVIT AFFIDAVIT IN COMPLIANCE OF GUIDELINES GIVEN BY THE HON’BLE HIGH COURT OF DELHI IN MATTER “RAJAT GUPTA VS. RUPALI GUPTA”. “RAJAT GUPTA VS. RUPALI GUPTA”, SABRINA SUNNY, W/O MR. SUNNY THOMAS, D/O SH. AMARJEET SINGH, AGE ABOUT 28 YEARS, R/O HOUSE NO. B-64B, BLOCK-B, JANTA COLONY, SHIVAJI VIHAR, TAGORE GARDEN, WEST DELHI, DELHI-110027, Presently at H.No- wz- 429, Janta Colony, Raghubir Nagar, Tagore Garden, $.O. West Delhi- 110027do hereby solemnly affirm and declare as under: 1. That I am the petitioner No.1/wife in the above noted petition and am well conversant to the facts and circumstances of the as such am fully competent to swear the present affidavit