BEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT
KARKARDOOMA DELHI
HMA PETITION No._______ OF 2025
IN THE MATTER OF:
VIJAY
S/o JAI RAM
R/O 924, GAUTAM PURI PHASE-1
BADARPUR, NEW DELHI,
SOUTH DELHI-110044
………Petitioner No. 1/ Husband
AND
NANDINI
C/o VIJAY KUMAR
1-A, GANESH NAGAR
SHAKARPUR, LAXMI NAGAR
EASTDELHI-110092
…………Petitioner No. 2/ Wife
APPLICATION UNDER SECTION 13B (1) OF THE HINDU MARRIAGE
ACT, 1955 FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT
MOST RESPECTFULLY SHOWETH:
The humble joint petition of the Petitioners, namely Petitioner No. 1 and Petitioner
No. 2, is most respectfully submitted as below: -
1. That the marriage between the Petitioners was solemnized on 18th
November 2004 at Delhi according to Hindu rites and ceremonies. A copy
of the Affidavit regarding non-availability of marriage certificate is
annexed herewith as Annexure A. Photographs of the marriage are
annexed as Annexure B.
2. After the marriage both petitioner No.1 and petitioner No.2 started living
together at Building No. 924, Gautam Puri Phase-1, Badarpur, New Delhi,
South Delhi-110044.
3. That from the very inception of marriage, several differences and
incompatibilities arose between the Petitioners. However, they continued to
reside together solely in the interest of their children, in order to safeguard
their upbringing and future prospects."
4. That both the petitioners last resided together at the same address mentioned
above and from 2004 to 2017 and in the past seven years both are living
separately.
Petitioner No.1/ Age Status Place of Residence
Husband
Before marriage 26 yrs Unmarried S/o Jai Ram
R/o 924, Gautam Puri
Hindu
Phase-1
Badarpur, New Delhi,
South Delhi-110044
At the time of filing 47 yrs Married Hindu S/o Jai Ram
R/o 924, Gautam Puri
of this petition
Phase-1
Badarpur, New Delhi,
South Delhi-110044
5. That the age, status and place of residence of the Petitioner No.1/ Husband
and petitioner No.2 /Wife before marriage and at the time of filing of
petitions where are as under:
Petitioner No.2/ Age Status Place of Residence
WIFE
Before marriage 20 yrs Unmarried D/O Shri Rajin Charlie, R/O
B-12/692, Ganesh
Hindu
Nagar 2, ShakarpurDelhi-
110092
At the time of filing 41yrs Married Hindu W/o Vijay
1-A, Ganesh Nagar
of this petition
Shakarpur, Laxmi Nagar
East Delhi-110092
6. Those two daughters were born from the said wedlock, namely Sonakshi,
born on 10th September 2006 and Hansika, born on 29th November 2007.
7. Despite concerted efforts, the Petitioners were unable to reconcile or adjust
to each other's differences, resulting in their separation on 8th July 2020.
Both the parties have been residing separately in the last 7 years and there is
no cohabitation between the parties since then.
8. That the parties could not adjust with each other due to temperamental
differences and their marriage has broken down irretrievably and it is now
not possible for the parties to live as husband and wife anymore.
9. That all the efforts of reconciliation between the parties to continue the
present marriage have failed and there are no further chances of
reconciliation between the parties anymore.
10. That the petitioners have mutually agreed to dissolve their marriage legally
through a decree of divorce by mutual consent. All claims and counterclaims
between the parties have been amicably settled as per the mediation
settlement dated 6th June 2024.
11. That on 6th June 2024, the Petitioners participated in mediation proceedings
at the Delhi Mediation Centre, Karkardooma Courts, under the guidance of
Mediator Mrs. Anuja Saxena. During the mediation, they amicably resolved
all their claims and mutually agreed upon the terms for the dissolution of
their marriage. The settlement reached therein is final and binding upon both
parties.
12. That both parties voluntarily and without coercion, pressure, or undue
influence have arrived at a mutual settlement during mediation proceedings
held on 6th June 2024 before the Delhi Mediation Centre, Karkardooma
Courts under the guidance of Mediator Mrs. Anuja Saxena. A copy of the
Mediation Settlement dated 06.06.2024 is annexed herewith as Annexure
C.
13. That, as per the mediation settlement, the custody of the children shall be as
follows:
(i) The first daughter, Sonakshi, shall remain in the custody of
Petitioner No. 1 (Husband).
(ii) The second daughter, Hansika, shall remain in custody of
Petitioner No. 2 (Wife).
(iii) Both parties have mutually agreed to this arrangement, ensuring
the well-being and best interests of the children.
14. That Petitioner No. 1 paid a sum of ₹1,00,000 (Rupees One Lakh only) to
his daughter Hansika on 17.12.2024 through Demand Draft No. 701440
drawn on Punjab National Bank as part of the settlement terms. A copy of
the Demand Draft is annexed herewith as Annexure D.
15. That Petitioner No. 2/Wife has voluntarily decided to withdraw all
complaints filed against Petitioner No. 1 before any court, police station, or
any other authority across India. This decision has been made in accordance
with the terms of the mediation settlement and in the spirit of amicable
resolution.
16. That any complaint, case, or legal proceeding, whether already filed or to be
filed in the future by Petitioner No. 2 against Petitioner No. 1 and his family
members, shall be deemed withdrawn and treated as closed. Furthermore,
Petitioner No. 2 unequivocally relinquishes any present or future claims,
rights, or interests in any movable or immovable property belonging to
Petitioner No. 1 or his family members.
17. That both the petitioner said assist each other in prudently pursuing the
petition of dissolution of marriage by mutual consent and shall appear in
concerned court as and whenever necessary and required to recall necessary
settlement as per law in getting the decree of divorce by mutual consent
18. That upon complete and mutual satisfaction of the terms and conditions set
forth herein, both Petitioners unequivocally undertake not to initiate or
pursue any further claims, disputes, or legal proceedings of any nature
against each other in the future. The terms of settlement as agreed between
the parties shall be final, conclusive, binding, and enforceable on both
parties. Any breach or non-compliance of the agreed terms by either party
shall render the defaulting party liable for appropriate legal action, including
imposition of costs and other consequences in accordance with law.
19. That the present petition is being filed voluntarily and with mutual consent
by both parties, without any fear, pressure, force, fraud, undue influence, or
coercion. The petition is in accordance with the terms mutually agreed upon
during the mediation proceedings.
20. The Petitioner No. 2 has been residing separately at Laxmi Nagar, which
falls within the jurisdiction of this Hon’ble Court. Furthermore, both
Petitioners have been living separately since the year 2017, and no
matrimonial relationship exists between them. Accordingly, this Hon’ble
Court has the necessary jurisdiction to entertain and adjudicate the present
petition.
21. That the Petitioners have not filed any other similar or identical petition
involving the same subject matter as the present petition, except for the
litigation details mentioned hereinabove.
22. That the present petition is not being filed in collusion, connivance, or under
any undue influence, and is being instituted bona fide and with the free will
and consent of both the Petitioners."
23. That on 6th June 2024, the Petitioners participated in mediation proceedings
conducted at the Delhi Mediation Centre, Karkardooma Courts, under the
facilitation of Mediator Mrs. Anuja Saxena, wherein all disputes and claims
inter se were amicably resolved. The terms of the said settlement have been
mutually agreed upon and are final, binding, and enforceable upon both the
Petitioners
24.That, in accordance with the terms of the mediation settlement dated 6th
June 2024, the parties have mutually agreed upon the following custody
arrangement in the best interest and welfare of their minor children: -
(i) That the permanent custody of the elder daughter, Sonakshi, shall
vest with Petitioner No. 1 (Husband); and
(ii) That the permanent custody of the younger daughter, Hansika,
shall vest with Petitioner No. 2 (Wife).
25. Both Petitioners have consented to this arrangement voluntarily, and the
same has been agreed upon keeping in mind the welfare, education, and
emotional needs of the children.
26. That the cause of action for filing the present petition arose on 8th July 2020,
when the Petitioners separated from each other, and despite sincere efforts,
were unable to reconcile or resume cohabitation.
27. That the Petitioners have mutually agreed to dissolve their marriage through
a decree of divorce by mutual consent as per Section 13B of the Hindu
Marriage Act, 1955.
28. That the present petition is being instituted voluntarily by the Petitioners, of
their own free will and volition, and is not the result of any coercion, undue
influence, fraud, misrepresentation, or pressure of any kind.
29. That the Petitioners are submitting herewith copies of their respective PAN
Cards, Aadhar Cards, and address proofs for the purpose of identification
and verification. The said documents are collectively annexed herewith as
Annexure E.
30. That this Hon’ble Court has the territorial and pecuniary jurisdiction to
entertain and try the present petition as the Petitioners last resided together
within the territorial limits of this Court, and Petitioner No. 2 is presently
residing at Laxmi Nagar, East Delhi, which also falls within the jurisdiction
of this Hon’ble Court.
31. That this application complies with all the statutory requirements of Section
13B(1) of the Hindu Marriage Act, 1955.
32. That the Petitioners undertake to appear before this Hon'ble Court as and
when directed.
PRAYER
In view of the foregoing, the Petitioners most respectfully pray that this Hon’ble
Court may be pleased to:
a) That their marital tie be dissolved by a decree of divorce on mutual consent
as per provision of section 13B of The Hindu Marriage Act, 1955.
b) Pass any other order(s) as this Hon’ble Court may deem fit and proper in the
interest of justice.
(Petitioner 1/Husband) (Petitioner 2/Wife)
THROUGH
Arati kumari
Advocate
Off: L1/7, South Extension-II,
New Delhi -110049
Mob. No.:9811961410
Email id: lawyerarati@gmail.com
Place: New Delhi
Dated: 08/04/2025
