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Affidavits Now

The document is an affidavit related to HMA Petition No. 2425/2024 filed by Kirti and Sahil for mutual consent divorce under the Hindu Marriage Act. Both parties affirm that they have been living separately since August 4, 2023, and have agreed on a financial settlement of Rs. 4,50,000 for alimony and other claims. They confirm that the mutual consent for divorce was not obtained through force or fraud and there is no possibility of reconciliation.

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0% found this document useful (0 votes)
45 views12 pages

Affidavits Now

The document is an affidavit related to HMA Petition No. 2425/2024 filed by Kirti and Sahil for mutual consent divorce under the Hindu Marriage Act. Both parties affirm that they have been living separately since August 4, 2023, and have agreed on a financial settlement of Rs. 4,50,000 for alimony and other claims. They confirm that the mutual consent for divorce was not obtained through force or fraud and there is no possibility of reconciliation.

Uploaded by

Karan Rajoria
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,

(WEST), TIS HAZARI COURTS, DELHI

HMA PETITION No. 2425/2024


IN THE MATTER OF:
SMT. KIRTI PETITIONER NO.1

AND
SH. SAHIL PETITIONER NO.2

AFFIDAVIT

I, KIRTI, W/O SH. SAHIL, D/O SH. GIRDHARI LAL, R/O KH. C-
194, J.J Colony, Budh Nagar, Inder Puri, Delhi 110012, do hereby
solemnly affirm and declare as under:

1. That I, being the petitioner no. 1 in the above matter and well
conversant with the facts and circumstances of the instant
petition and as such competent to swear this affidavit.

2. That I have gone through the contents of the petition u/s


13(B) (2) of H.M.A.1955, for dissolution of marriage (Mutual
Consent), which has been drafted by my counsel under my
instructions and I say that the facts and submissions as made
therein are true and correct to the best

3. That the deponent was married with petitioner no.2 on


30/11/2020.

3. That deponent has been residing separately from petitioner


no.2 since. 04-08-2023 and since then no cohabitation took
place between the deponent and petitioner no.2.
5. That the mutual consent of the petitioners for divorce has not
been obtained by force, fraud or undue influence.

6. That there is no possibility or probability of reunion between


the petitioners.

7. That the petition is not filed in collusion.

8. That there is no other legal ground as to why the relief should


not be granted.

DEPONENT

VERIFICATION:

I, KIRTI, the above-named deponent do hereby state on solemn


affirmation that the contents of my above affidavit are true and
correct to my knowledge. No part of it is false and nothing material
has been concealed therefrom

Verified at Delhi on this day of April, 2025

DEPONENT
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,

(WEST), TIS HAZARI COURTS, DELHI

HMA PETITION No. 2425/2024


IN THE MATTER OF:
Smt. KIRTI PETITIONER NO.1
AND
SH. SAHIL PETITIONER NO.2

AFFIDAVIT
I, SHRI SAHIL, S/O SH. RAKESH, R/O H.No. C-895-921, J.J
Colony, Hastal Road, Uttam Nagar, New Delhi 110059, do
hereby solemnly affirm and declare as under:-

1. That I, being the petitioner no.2 in the above matter and


well conversant with the facts and circumstances of the
instant petition and as such competent to swear this
affidavit.

2. That I have gone through the contents of the petition u/s


13(B)(2) of H.M.A for dissolution of marriage, which has
been drafted by my counsel under my instructions and I
say that the facts and submissions as made therein are
true and correct to the best of my knowledge and the
contents of the petition are read as part and parcel of the
affidavit as the same are not being repeated herein for the
sake of brevity.

3. That the deponent was married with petitioner no.1 on


30/11/2020.
4. That deponent has been residing separately from petitioner
no.1 since 04-08-2023 and since then no cohabitation took
place between the deponent and petitioner no.1.

5. That the mutual consent of the petitioners for divorce has


not been obtained by force, fraud or undue influence.

6. That there is no possibility or probability of reunion


between the petitioners.

7. That the petition is not filed in collusion.

8. That there is no other legal ground as to why the relief


should not be granted.

DEPONENT

VERIFICATION:

I, SAHIL, the above-named deponent do hereby state on solemn


affirmation that the contents of my above affidavit are true and
correct to my knowledge. No part of it is false and nothing material
has been concealed therefrom

Verified at Delhi on this day of April, 2025

DEPONENT
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
(WEST), TIS HAZARI COURTS, DELHI

HMA PETITION No.____/2025


IN THE MATTER OF:
SMT. KIRTI PETITIONER NO.1

AND
SH. SAHIL PETITIONER NO.2

AFFIDAVIT ON BEHALF OF THE PETITIONER NO. 2 AS PER


THE JUDGMENT DATED 15.5.2018 PASSED BY THE HON’BLE
HIGH COURT OF DELHI IN THE MATTER OF “RAJAT GUPTA
VS. RUPALI GUPTA IN CONT. CASE (C) 772/2013

I, KIRTI, W/O SH. SAHIL, D/O SH. GIRDHARI LAL, R/O KH. C-
194, J.J Colony, Budh Nagar, Inder Puri, Delhi 110012, do
hereby solemnly affirm and declare as under:-

I the above named deponent, do hereby solemnly affirm and


state as under :-

1. That the deponent was married to the petitioner No. 2 on 30-


11-2020 at Delhi 110012. according to Hindu rites and custom.

2. That the parties lastly lived together till 04-08-2023 and


presently are residing separately.
3. That due to the difference of opinion, feelings, temperaments,
tastes, likings etc. the petitioners could not live together as
husband and wife and started living separately. However, all the
relatives and friends including parents of both the petitioners
tried their level best to petitioners for reconciliation but the same
could not be materialized. The petitioners have therefore now
finally decided to get their marriage dissolved by a decree of
divorce with mutual consent as there are no chances of their
living together in future.

4. That there had been no relations between the parties as


husband and wife from 04-08-2023 and the parties had not been
able to reconcile since then and the parties have also no cohabited
since then.

5. That the parties to the petition agreed that their marriage be


dissolved with mutual consent.

6. That it was agreed between the parties that a sum of


Rs.4,50,000/- (Rs. Four lakh fifty Thosand Only) shall be paid
by deponent to the petitioner No. 1 in 2 instalments towards her
full and final settlement including , alimony/maintenance of past,
present and future and for the maintenance (present, past &
future) & all other claims and right in the following manner: -

(a) Rs. 1,50,000/- (Rs. One lakh fifty Thousand rupees Only)
paid by deponent (husband) to the petitioner No. 1 (wife) by way
of cash/DD at the time of recording of statement in first motion
of petition for divorce by mutual consent before the Hon’ble Court
and that such statement recorded.

(b) Rs. 3,00,000/- (Rs. Three Lakh Only) shall be given by


deponent (husband) to the petitioner No. 1 (wife) by way of
cash/DD at the time of recording of statement in Second motion
of petition for divorce by mutual consent before the Hon’ble Court
at the time of Second Motion.
7. That it has been agreed between the parties that this
settlement is full and final and petitioner No. 1 and deponent
undertake not to file any case/complaint case against each other
and shall be entitle to lead their life and both the petitioners shall
not interfere in the life of each other and family of each other.

8. That the mutual consent has not been obtained by any force,
fraud on undue influence.

9. That there is no other legal ground as to why relief sought


should not be granted.

10. That the petitioners submit that this Hon’ble Court has got
jurisdiction to entertain this joint petition and the Petitioner No.1
is residing at Budh Nagar, Delhi 110012 i.e. within territorial
jurisdiction of this Hon’ble Court.

11. That the accompanying Divorce Petition under section 13


(B)(2) of the Hindu Marriage Act has been drafted by my counsel
as under my instructions. Contents whereof are true and correct
and the same are not being repeated herein for the sake of brevity
and may be read as part and parcel of this affidavit.

DEPONENT
VERIFICATION:-
I, the above-named deponent do hereby verify on solemn
affirmation that the contents of the above affidavit are true and
correct to my knowledge. No part of it is false and nothing
material has been concealed therefrom.

Verified at Delhi on this day of April, 2025.

DEPONENT
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
(WEST), TIS HAZARI COURTS, DELHI

HMA PETITION No.____/2024


IN THE MATTER OF:
SMT. KIRTI PETITIONER NO.1

AND
SH. SAHIL PETITIONER NO.2

AFFIDAVIT ON BEHALF OF THE PETITIONER NO. 2 AS PER


THE JUDGMENT DATED 15.5.2018 PASSED BY THE HON’BLE
HIGH COURT OF DELHI IN THE MATTER OF “RAJAT GUPTA
VS. RUPALI GUPTA IN CONT. CASE (C) 772/2013

I, SHRI SAHIL, S/O SH. RAKESH, R/O H.No. C-895-921, J.J


Colony, Hastal Road, Uttam Nagar, New Delhi 110059, do hereby
solemnly affirm and declare as under:-

I the above named deponent, do hereby solemnly affirm and


state as under :-

7. That the deponent was married to the petitioner No. 1 on 30-


11-2020 at Delhi 110012. according to Hindu rites and custom.

8. That the parties lastly lived together till 04-08-2023 and


presently are residing separately.
9. That due to the difference of opinion, feelings, temperaments,
tastes, likings etc. the petitioners could not live together as
husband and wife and started living separately. However, all the
relatives and friends including parents of both the petitioners
tried their level best to petitioners for reconciliation but the same
could not be materialized. The petitioners have therefore now
finally decided to get their marriage dissolved by a decree of
divorce with mutual consent as there are no chances of their
living together in future.

10. That there had been no relations between the parties as


husband and wife from 04-08-2023 and the parties had not been
able to reconcile since then and the parties have also no cohabited
since then.

11. That the parties to the petition agreed that their marriage be
dissolved with mutual consent.

12. That it was agreed between the parties that a sum of


Rs.4,50,000/- (Rs. Four lakh fifty Thosand Only) shall be paid
by deponent to the petitioner No. 1 in 2 installments towards her
full and final settlement including , alimony/maintenance of past,
present and future and for the maintenance (present, past &
future) & all other claims and right in the following manner: -

(c) Rs. 1,50,000/- (Rs. One lakh fifty Thousand rupees Only)
paid by deponent (husband) to the petitioner No. 1 (wife) by way
of cash/DD at the time of recording of statement in first motion
of petition for divorce by mutual consent before the Hon’ble Court
and that such statement recorded.

(d) Rs. 3,00,000/- (Rs. Three Lakh Only) shall be given by


deponent (husband) to the petitioner No. 1 (wife) by way of
cash/DD at the time of recording of statement in Second motion
of petition for divorce by mutual consent before the Hon’ble Court
at the time of Second Motion.
12. That it has been agreed between the parties that this
settlement is full and final and petitioner No. 1 and deponent
undertake not to file any case/complaint case against each other
and shall be entitle to lead their life and both the petitioners shall
not interfere in the life of each other and family of each other.

13. That the mutual consent has not been obtained by any force,
fraud on undue influence.

14. That there is no other legal ground as to why relief sought


should not be granted.

15. That the petitioners submit that this Hon’ble Court has got
jurisdiction to entertain this joint petition and the Petitioner No.1
is residing at Budh Nagar, Delhi 110012 i.e. within territorial
jurisdiction of this Hon’ble Court.

16. That the accompanying Divorce Petition under section 13


(B)(2) of the Hindu Marriage Act has been drafted by my counsel
as under my instructions. Contents whereof are true and correct
and the same are not being repeated herein for the sake of brevity
and may be read as part and parcel of this affidavit.

DEPONENT
VERIFICATION:-
I, the above-named deponent do hereby verify on solemn
affirmation that the contents of the above affidavit are true and
correct to my knowledge. No part of it is false and nothing
material has been concealed therefrom.

Verified at Delhi on this day of April, 2025.

DEPONENT

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