Mutual Divorce U - S 13 B (1) HMA (First Motion) Sample Draft English

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Mutual Divorce U/S 13 B(1) HMA (First Motion)

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IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT,
SOUTH-WEST, DWARKA, NEW DELHI
HMA PETITION NO.____ OF 2022
In the matter of:-
Mr. XXXXXX …Petitioner No. 1
Versus
Mrs. YYY …Petitioner No. 2
P.S.:
INDEX
S.NO PARTICULARS PAGE NO.
1. Memo of the Parties
2. Petition for dissolution of marriage by a decree of divorce by mutual consent

under Section 13(B)(1) of the Hindu Marriage Act, 1955.
3. Affidavit of the Petitioner No. 1.
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4. Affidavit of the Petitioner No. 2
5. List of documents along with the documents
6. Vakalatnama of the Petitioner No. 1 and 2
Petitioner No.1 Petitioner No. 2
through
Advocate Advocate
(Contact details) (Contact details)
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In the matter of:-
Versus
P.S.:
MEMO OF PARTIES
Mr. XXXXXXXX,
S/o ********************,
R/o *****************************
..Petitioner No.1
Versus
Mrs. YYYYY,
D/o: ***************  7065523923  help@
R/o Flat No.*********************
…Petitioner No.2
through
Advocate Advocate
SOUTH-WEST, DWARKA, NEW DELHI  7065523923  help@
In the matter of:-
Versus
P.S.
PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY MUTUAL CONSENT UNDER

SECTION 13(B)(1) OF THE HINDU MARRIAGE ACT, 1955
MOST RESPECTFULLY SHOWETH:-
1. That the Petitioner no. 1 and Petitioner no. 2 has filed a petition for dissolution of marriage by a decree of
divorce by mutual consent under section 13 –B (1) of the Hindu Marriage Act, 1955. The parties to the
petition being Hindu by religion are governed by the Hindu Marriage Act, 1955 (As amended up to date).
The affidavits of both the Petitioners duly attested are being filed herewith.
2. That the marriage between the Petitioner No. 1 and Petitioner No. 2 was solemnized on 00.00.0000 at
**********************************, in accordance with Hindu Rites and ceremonies. The affidavits of the
petitioners, duly attested, are being filed herewith. Marriage Photograph along with a copy of marriage
certificate issued by Arya Samaj Mandir is annexed herewith as Annexure P-1.
3. That the age, status & place of residence of the Petitioners before marriage and at the time of filing of
this petition are as under:-
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PETITIONER NO. 1/ HUSBAND
Status Place of Residence Age
(yrs.)
At the time of marriage *************** __ years
Bachelor
At the time of filing the *************** __ years

present petition
Married
Petitioner no. 2/ WIFE
Status Residence Age
At the time of marriage ********************** ___ years
Spinster
At the time of filing the ********************** ___years

present petition
Married
Copy of Aadhar Card of Petitioner No. 1 is annexed herein as Annexure-P2 and copy of Aadhar Card of
Petitioner No.2 is annexed herein as Annexure- P3.
4. That at the time of solemnization of marriage the petitioner no.1&2 were Hindu as per Hindu Marriage
Act, 1955 and even continues to do so even at the time of filing of the present divorce petition.
5. That after the solemnization of marriage, the petitioners resided together as husband and wife and duly
consummated the marriage, however no child was born out of the said wedlock.
6. The petitioners have been living separately from each other since *************** and they have not been
able to live together since then as husband and wife on account of their indifferent attitudes and
temporal differences towards each other.
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7. That Efforts were made from time to time by the parties, their relations and friends to bring about
reconciliation between the parties to enable them to live together, but all such efforts failed miserably.
The marriage between the parties has broken down completely, irreparably and irretrievably, and there is
now no chance of any reconciliation between the parties or their living together at any time even in
future.
8. That by way of Settlement deed dated ********** executed between the parties, the parties have mutually,
amicably, fully and finally settled all disputes between them, including istridhan, permanent alimony,
maintenance-past, present and future and expenses of the proceedings, costs, etc. A copy of the
Agreement dated *************, executed by the parties, incorporating all the terms and conditions in
detail is annexed herewith as Annexure P-4, the entire contents whereof may be treated and read as part
and parcel hereof also and same are not being repeated and reproduced herein for the sake of brevity.
9. That due to the temperamental differences and incompatibility between the parties, the parties have been
living separately since 5th January, 20** and there is no relationship between the parties as that of a
husband and wife since 5th, January, 20**.
10. That now the parties of the petition have voluntarily arrived at an amicable solution resolving all their
disputes and they have agreed to get their marriage dissolved by a decree of divorce by mutual consent
as envisaged under Section 13 B of the Hindu Marriage Act, 1955. The parties have entered into a
settlement dated *********.
11. That as per the settlement between the Petitioners, the following has been agreed upon between them:-
12. Parties have agreed that they would file a petition jointly for grant of divorce by mutual consent in
accordance with law as provided U/s. 13 (B) of HMA Act;
13. It has been agreed between the parties that they shall get their marriage dissolved by a decree of divorce
by way of mutual consent by filing petitions under Section 13 B (1) and 13 B (2) of the Hindu Marriage
Act, 1955 upon the terms contained in the present Agreement. It is agreed between the parties that the
petition under Section 13 B (1) shall be filed within seven working days of the signing and execution of
the present Agreement before the proper and competent Court. The parties further undertake that
subject to fulfillment of the terms of the present Settlement/Agreement, the parties shall file the Second
Motion Petition under Section 13 B (2) of the Hindu Marriage Act, 1955 within a period of 14 working
days upon the expiry of the statutory period of six months as per law or as permitted by the Hon’ble
Court. Both the parties undertake that they shall not withdraw their consent to proceed with the filing of
the Second Motion Petition and seeking divorce by way of mutual consent subject to the fulfillment of
the terms of the present Settlement/Agreement.
It is agreed that the Petitioner No. 1 would pay a sum of Rs. NIL (NIL) to the Petitioner No. 2 towards full
and final settlement of all her claims including but not limited to istridhan articles/jewellery, if any,
maintenance, past, present and future, permanent alimony, marriage expenses, etc.;
1. It is also agreed between the parties pursuant to the signing and executing of the Present settlement, all
the claims of the Second Party qua the First Party and his family members/relatives shall stand satisfied
and extinguished.
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2. It is agreed between the parties that on fulfillment of terms and conditions of the present settlement, the
parties shall be free to live their life independently without interference of any kind from each others’
side.
3. It is agreed between the parties that they shall be left with no matrimonial rights towards each other and
shall have no right, title or interest over the movable or immovable properties of each other & shall not
litigate qua the marriage in future.
Both the parties shall cooperate and sign all necessary documents for the purposes of obtaining divorce
by mutual consent and render all assistance for the expeditious disposal of the same and shall undertake
to appear before the concerned court for recording of their statements for the purposes of obtaining
divorce by mutual consent.
Pursuant to engrossing their signatures on the present Settlement Deed/Agreement and fulfillment of all
the terms of the present Settlement, the First Party and the Second Party shall not interfere in the lives of
each other in any manner including personal, oral, written, electronic or telephonic contact and also will
not make any allegation against each other and/or their respective family members.
1. The Second Party after the receipt of the sum of (Rupees NIL) subject to the aforementioned clauses, will
not claim any further amount towards past, present and future maintenance, compensation, alimony or
expenditure from the First Party or his family members or relatives. It is also agreed between the parties
that pursuant to receipt of (Rupees NIL), the Second Party shall not be entitled to claim any amount from
the First Party. All the claim (s), if any, raised by the Second Party qua the First Party and his family
members shall stand extinguished and the First Party shall be estopped in law to file any such claim and
in case any such claim is filed by the Second Party, the same shall stand dismissed and withdrawn and
shall also tantamount to committing breach of the undertaking given by the First Party. Likewise, the First
Party shall also not lay any claim or compensation towards the Second Party or her relatives.
2. The Second Party hereafter shall have no claim towards istridhan, jewellery and personal belongings and
undertakes not to raise any claim in respect of the same against the First Party or his parents and
relatives, etc.
3. Both the parties agree and undertake that subject to the fulfillment of the terms of the present
Agreement, they shall have no claim or right qua any immovable or movable properties of the other party
or against the family members of the other party whether self-acquired, HUF or ancestral under any
circumstances now or in future, immediately in view of the present Settlement. The Second Party agrees
and undertakes that she has and shall have no claim for maintenance, stridhan or permanent or
temporary alimony against the First Party subject to the receipt of settlement amount of Rs. NIL in
compliance of the Settlement Deed.
The present Settlement Deed is effective and enforceable from the date of its execution and shall remain
effective and binding and form part of the decree for mutual consent.
It has also been agreed between the parties that they will adhere to the terms and conditions of this
Settlement and will do all acts necessary for the expeditious compliance of the same and shall cooperate
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with each other and sign all the relevant documents required for the purposes of obtaining divorce by
mutual consent.
The parties hereinabove have taken a decision to break their matrimonial ties keeping in view their future
welfare and better prospects.
1. The contents of this Settlement Deed/Agreement have been read over to the parties and they have been
explained the terms of this Settlement Deed/Agreement and they have understood the same to be true
and shall be governed by the same.
Both the parties have executed this Settlement Deed/Agreement without any force, undue influence or
coercion from any quarter, and both the parties shall be estopped in law to assail the validity of any
clause/term of the Settlement on the ground of the same being void or unlawful subject to the payment
of the entire settlement amount in terms of the present Settlement/Agreement.
Both the parties to the present Settlement Deed/Agreement undertake that they shall duly perform and
abide by all the terms and conditions as contained in the present Settlement Deed/Agreement and in
case of breach of any of the terms and conditions as envisaged hereinabove, the parties are liable to be
punished under the provisions of Contempt of Courts Act, 1971.
It is agreed between the parties that in case of breach/violation/willful/deliberate disobedience, the party
breaching the terms shall be liable for contempt proceedings and the party aggrieved shall be entitled for
status quo-ante in every possible way.
It is agreed between the parties that the defaulting party would return all the
benefits/advantages/privileges that have endured in its favour and both the parties would be restored to
the position that was before they had arrived at such a settlement agreement.
1. Neither the parties nor any of their representatives, executors, assigns, successors, administrators, etc.
would at any time, even in future, challenge these terms and conditions, on any ground, whatsoever,
and/or in any manner, whatsoever, and would always remain bound by them.
It is clearly understood by the parties that they are entering into and executing this Full and Final
Settlement Deed bonafide, voluntarily and out of their own free will and consent, without any force,
pressure, duress, threat, fraud, coercion, misrepresentation, collusion or undue influence, whatsoever, and
the parties accept this Full and Final Settlement Deed as fair, just and equitable and also as final,
conclusive and binding on them, their representatives, executors, assigns, successors, administrators, etc.
and they have further bound themselves to do all what would be necessary to give full and complete
effect to it. Further, the parties have confirmed and undertaken that they were given sufficient time and
opportunity to consult their legal counsels of their choice and it is only after said consultations with the
counsels of their choice, after full understanding of the effect of the terms and conditions of the present
Settlement Deed.
12. That the mutual consent of the petitioners for the dissolution of their marriage by a decree of divorce has
not been obtained by force, fraud and/or undue influence. That this petition is not being presented in
collusion either between the petitioners or with anybody else.
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13. That the Petitioners have been living separately from each other since ***********. There is no possibility
for the Petitioners to reconcile their disputes/differences. The marriage of the petitioners has been
irrevocably broken for all practical purposes.
14. That both the parties undertake that except as mentioned above, no other litigation/case/proceedings is
pending/decided against the other party or any of his/her relatives and also undertake not to file any
other type of case in future i.e. civil, criminal and/or matrimonial against each other and/or any other
member/relation of the other’s family, in/before any Court of law and/or before any other forum or
authority, in any manner or respect. In any case, any such case, complaint or proceeding, etc of the either
party, if filed in future, shall be treated in violation of the settlement agreed between the parties.
15. That both the parties undertake that neither party nor even any of his/her representatives, executors,
assigns, successors, administrators, etc. would at any time, even in future, challenge the contents of this
application, terms and conditions as agreed between the parties, on any ground, whatsoever, and/or in
any manner, whatsoever, and would always remain bound by them. The terms and conditions agreed
between the parties is the primary disposition of all the matters between the parties, whether addressed
or not herein.
16. That there is no legal ground why relief, as prayed for, should not be granted to the petitioners.
17. That the prescribed court fee has been affixed on the present petition.
18. That the Petitioner No. 2 is presently residing within the limits of territorial jurisdiction of this Hon’ble
Court. Hence, this Hon’ble Court has the jurisdiction to entertain this petition.
PRAYER:
In view of the above said facts and circumstance, it is most respectfully prayed that this Hon’ble Court may
graciously be pleased to:-
1. Dissolve the marriage of Petitioner No. 1 & Petitioner No. 2 by a decree of divorce by mutual consent;
2. Pass such other or further order(s)/direction(s), which this Hon’ble Court may deem fit and proper in the
facts and circumstances of the present case, to meet the ends of justice.
through
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Advocate Advocate
VERIFICATION:-
Verified at New Delhi on this day of , 2022 that the contents of petition containing Para No. 1 to 11 are true
and correct to the best of my knowledge and belief and para no. 12 to 18 are true and correct as per the legal
advice and nothing material has been concealed therefrom. The last para is prayer to this Hon’ble Court.
through
Advocate Advocate
 7065523923  help@
In the matter of:-
Versus
P.S.:  7065523923  help@
AFFIDAVIT OF THE PETITIONER NO. 1 AS PER JUDGMENT DATED 15.05.2018 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, Mr. XXXXX, S/o Shri ************, aged about __ years R/o _______________________ do hereby solemnly affirm
and declare as under:-
1. That I am the Petitioner No. 1 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. I say that I got married with Petitioner No. 2 on ******** at **********************************, in accordance
with Hindu Rites and ceremonies.
3. 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.
4. That the parties have arrived at a compromise on the following terms and conditions:
and extinguished.
side.
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relatives, etc.
mutual consent.
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Settlement Deed.
5. That the Petitioners are fully satisfied with the present arrangement and as such they will not file any
claim of any nature whatsoever in future including claim for maintenance, permanent alimony etc. or for
custody or care of the children against each other or their respective family members.
6. I undertake to abide by the settlement arrived at between the Petitioners as mentioned in para No. 4.
7. That in case of any breach/violation/willful/deliberate disobedience of the terms of the settlement
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agreement, breach, violation of any of the terms of the settlement agreement, I shall be liable to be
 help@
punished for contempt of court.

8. I undertake to abide by the stipulation as contained in the judgment dated 15.05.2018, passed by the
Hon’ble High Court of Delhi in the matter of Rajat Gupta vs. Rupali Gupta in Cont. Case (C)772/2013.
9. I say that the above petition is not presented in collusion with the Petitioner No. 2
10. I say that the mutual consent has not been obtained by force, fraud or undue influence.
11. I say that I have gone through the accompanying petition for dissolution of marriage by a decree of
divorce by mutual consent and the contents of the same are correct and no part of it is false.
12. 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:-
Verified at New Delhi on this ___ day of May, 2022, that the contents of the aforesaid affidavit are true and
correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.
Deponent
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 7065523923  help@
In the matter of:-
Mr. Vipul Malhotra …Petitioner No. 1
Versus
Mrs. Swati …Petitioner No. 2
AFFIDAVIT OF THE PETITIONER NO. 2 AS PER JUDGMENT DATED 15.05.2018 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, Mrs. YYYYY, D/o: Shri ***************, aged about ___ years, R/o. Flat No.-************************ do
hereby solemnly affirm and declare as under:-
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1. That I am the Petitioner No. 2 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. I say that I got married with Petitioner No. 1 on ********* at **************************, in accordance with
Hindu Rites and ceremonies.
3. 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.
4. That the parties have arrived at a compromise on the following terms and conditions:
and extinguished.
side.
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relatives, etc.
mutual consent.
 7065523923  help@
Settlement Deed.
5. That the Petitioners are fully satisfied with the present arrangement and as such they will not file any
claim of any nature whatsoever in future including claim for maintenance, permanent alimony etc. or for
custody or care of the children against each other or their respective family members.
6. I undertake to abide by the settlement arrived at between the Petitioners as mentioned in para No. 4.
7. That in case of any breach/violation/willful/deliberate disobedience of the terms of the settlement
agreement, breach, violation of any of the terms of the settlement agreement, I shall be liable to be
punished for contempt of court.
8. I undertake to abide by the stipulation as contained in the judgment dated 15.05.2018, passed by the
Hon’ble High Court of Delhi in the matter of Rajat Gupta vs. Rupali Gupta in Cont. Case (C)772/2013.
9. I say that the above petition is not presented in collusion with the Petitioner No. 1
10. I say that the mutual consent has not been obtained by force, fraud or undue influence.
11. I say that I have gone through the accompanying petition for dissolution of marriage by a decree of
divorce by mutual consent and the contents of the same are correct and no part of it is false.
12. 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.
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Deponent
VERIFICATION:-
Verified at New Delhi on this ___ day of May, 2022, that the contents of the aforesaid affidavit are true and
correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.
Deponent
 7065523923  help@
In the matter of:-
Mr. Vipul Malhotra …Petitioner No. 1
Versus
Mrs. Swati …Petitioner No. 2
P.S.:  7065523923  help@
LIST OF DOCUMENTS ALONG WITH DOCUMENTS
SL.NO. PARTICULARS PAGE NO.
1. Marriage photograph along with photocopy of marriage

certificate dated 00.00.0000 issued by ARYA SAMAJ MANDIR
is annexed herewith as Annexure-P-1.
2. Photo Copy of the Aadhar Card the Petitioner No.1 is

annexed herein as Annexure-P-2.
3. Photo copy of the Aadhar Card of Petitioner No.2 is annexed

herein as Annexure-P-3.
4. Copy of the Settlement Agreement dated 00.00.0000 is

annexed herein as Annexure-P-4.
through
Advocate
(Contact details)
Dated:
Place:
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Mutual Divorce U - S 13 B (1) HMA (First Motion) Sample Draft English

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2/6/24, 10:39 PM Mutual Divorce U/S 13 B(1) HMA (First Motion) Sample Draft - LawyerKaKa

Mutual Divorce U/S 13 B(1) HMA (First Motion)

Description Reviews (0)

IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT,

SOUTH-WEST, DWARKA, NEW DELHI

HMA PETITION NO.____ OF 2022

In the matter of:-

Mr. XXXXXX …Petitioner No. 1

Mrs. YYY …Petitioner No. 2

S.NO PARTICULARS PAGE NO.

1. Memo of the Parties

2. Petition for dissolution of marriage by a decree of divorce by mutual consent

3. Affidavit of the Petitioner No. 1.

5. List of documents along with the documents

6. Vakalatnama of the Petitioner No. 1 and 2

Petitioner No.1 Petitioner No. 2

(Contact details) (Contact details)

IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT,

SOUTH-WEST, DWARKA, NEW DELHI

HMA PETITION NO.____ OF 2022

In the matter of:-

Mr. XXXXXX …Petitioner No. 1

Mrs. YYY …Petitioner No. 2

D/o: ***************  7065523923  help@

R/o Flat No.*********************

Petitioner No.1 Petitioner No. 2

(Contact details) (Contact details)

IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT,

SOUTH-WEST, DWARKA, NEW DELHI  7065523923  help@

HMA PETITION NO.____ OF 2022

In the matter of:-

Mr. XXXXXX …Petitioner No. 1

Mrs. YYY …Petitioner No. 2

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE BY MUTUAL CONSENT UNDER

MOST RESPECTFULLY SHOWETH:-

PETITIONER NO. 1/ HUSBAND

Status Place of Residence Age

At the time of marriage *************** __ years

At the time of filing the *************** __ years

Petitioner no. 2/ WIFE

Status Residence Age

At the time of marriage ********************** ___ years

At the time of filing the ********************** ___years

Petitioner No.1 Petitioner No. 2

(Contact details) (Contact details)

Petitioner No.1 Petitioner No. 2

(Contact details) (Contact details)

IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT,

SOUTH-WEST, DWARKA, NEW DELHI

HMA PETITION NO.____ OF 2022

In the matter of:-

Mr. XXXXXX …Petitioner No. 1

Mrs. YYY …Petitioner No. 2

P.S.:  7065523923  help@

punished for contempt of court.

IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT,

SOUTH-WEST, DWARKA, NEW DELHI

HMA PETITION NO.____ OF 2022

In the matter of:-