Second Motion - Parul
Second Motion - Parul
Second Motion - Parul
H.M.A NO OF 2018
AND
INDEX
NEW DELHI
DATED: 21st NOVEMBER 2018
THROUGH:
ASEEM NAYYAR
ADVOCATES FOR
THE PETITIONER NO.1 & THE PETITIONER NO.2
3
H.M.A NO OF 2018
AND
MEMO OF PARTIES
MRS. PARUL NISCHAL
AGED 30 YEARS
W/O MR. AMIT NISCHAL
D/O MR. ASHOK KUMAR LAL
R/O A-96, BROTHERHOOD APARTMENT,
H-BLOCK, VIKAS PURI,
NEW DELHI-110018
PH. NO. 7838997165 ........ PETITIONER NO. 1
VERSUS
NEW DELHI
DATED:
ADVOCATES FOR
THE PETITIONER NO.1 & THE PETITIONER NO.2
4
H.M.A NO OF 2018
AND
PETITIONER NO 1 - WIFE
STATUS AGE PLACE OF RESIDENCE
At the Hindu 28 A-96, Brotherhood Apartment,
time of Unmarried H-Block, Vikas Puri,
Marriage New Delhi-10018
At the Hindu 30 A-96, Brotherhood Apartment,
time of Married H-Block, Vikas Puri,
filing the New Delhi-10018
Petition
PETITIONER NO 2 - HUSBAND
STATUS AGE PLACE OF RESIDENCE
At the Hindu 29 G-142, New Palam Vihar,
time of Unmarried Phase-I, Gurugram, Haryana-
Marriage 122017
At the Hindu 31 G-142, New Palam Vihar,
time of Married Phase-I, Gurugram, Haryana-
filing the 122017
Petition
i. That the parties have agreed and decided to dissolve their marriage
by way of filing a joint petition for divorce by mutual consent as
provided under Section 13-B(1) & 13-B(2) of H.M Act and both
parties hereby agree and undertake to cooperate in instituting,
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ii. That the Second Party shall pay total amount of Rs.1,00,000/- (One
Lakh Only) and a list of articles annexed as Annexure-A to the First
Party in full and final settlement of all claims of maintenance (past,
present and future), permanent alimony or any other claim arising
out of this marriage. It has been agreed and decided between the
parties that after the time of signing and executing this MOU, the
second party/husband shall return the entire articles mentioned in
the Annexure – A to the first party and the first party shall receive
and acknowledge the same along with issuing the written
acknowledgement thereof. The above said amount shall be paid in
the following manner:
iv. That in the event Either party fails to cooperate for filing of first
motion, second motion and making the statement before the court,
either party shall have the legal recourses for recovery the said
amount from the other party, through competent court of law.
vi. That both parties have also agreed to live and lead their separate lives
in any manner whatsoever and none of the parties shall interfere or
cause any annoyance, harassment and encumbrances or file any legal
cases on any count to each other or their respective family members
in future after taking divorce. It is specifically agreed by the First
Party that she will not use surname Nischal after the divorce.
vii. That it is also agreed between the parties that the first party shall
make no claim for maintenance (past, present and future),
Permanent Alimony or any other kind of claim arising out of this
marriage against the second party or his family members in future,
after the receipt of the said settled amount and articles attached in
Annexure – A. ˮ
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9. That both the parties have agreed and undertake that upon
signing the present Petition neither of them shall have any
right, title, claim or interest in each other’s properties
movable or immovable, ancestral or self-acquired etc. as the
case may be hereinafter, and neither party shall interfere in
each other’s lives or try to directly communicate with the
other in any manner whatsoever.
10. That upon signing the present Petition, the Petitioner No. 1
undertakes not to file any claims of permanent/ interim
alimony and maintenance past, present and future against
the Petitioner No. 2.
11. The parties agree and undertake that they do not have any
grudges or grievances against each other or their family
members arising from their present matrimonial ties and that
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12. That both the parties undertake that they shall abide by the
terms of the Petition filed with the mutual consent of both the
Parties.
14. That both the Petitioners are Hindu and are governed by the
Hindu Marriage Act, 1955 at the time of filing of this petition.
18. That the Petitioner no. 1 & 2 shall abide by the terms and
conditions mentioned in the Memorandum of understanding
dated 21.10.2018.
21. That the requisite court fee of Rs. _____ stands paid
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court be
pleased to pass:
ASEEM NAYYAR
ADVOCATE FOR PETITIONER NO. 1 AND PETITIONER NO. 2
NEW DELHI
DATED: 21st November 2018
12
VERIFICATION:
H.M.A NO OF 2018
AND
DEPONENT
VERIFICATION:
Verified on solemn affirmation at Delhi on this the 21st Day of
November 2018 that the contents of my above Affidavit are true to
my knowledge and belief and that nothing material has been
concealed there from.
DEPONENT
15
H.M.A NO OF 2018
AND
DEPONENT
VERIFICATION:
Verified on solemn affirmation at Delhi on this the 21st Day of
November 2018 that the contents of my above Affidavit are true to
my knowledge and belief and that nothing material has been
concealed there from.
DEPONENT
17
H.M.A NO OF 2018
AND
ii. That the Second Party shall pay total amount of Rs.1,00,000/-
(One Lakh Only) and a list of articles annexed as Annexure-A to
the First Party in full and final settlement of all claims of
maintenance (past, present and future), permanent alimony or
any other claim arising out of this marriage. It has been agreed
and decided between the parties that after the time of signing and
executing this MOU, the second party/husband shall return the
entire articles mentioned in the Annexure – A to the first party
and the first party shall receive and acknowledge the same along
with issuing the written acknowledgement thereof. The above
said amount shall be paid in the following manner:
iii. A sum of Rs. 50,000/- (Rupees Fifty Thousand only) shall be paid
by the Second Party to the First Party by way of Bank Draft
under the name Parul Lal at the time of making the statement on
the First Motion petition of mutual consent divorce petition
under Section 13 (B)(1) of the Hindu Marriage Act, to be moved
jointly by the parties. That all the expenses incurred at the time
of drafting and filing of the First Motion petition of mutual
consent divorce petition under Section 13 (B)(1) of the Hindu
Marriage Act, will be borne by the First Party.
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iv. A sum of Rs. 50,000/- (Rupees Fifty Thousand only) shall be paid
by the Second Party to the First Party by way of Bank Draft
under the name Parul Lal at the time of making the statement on
the Second motion petition of mutual consent divorce petition
under Section 13(B)(2) of the Hindu Marriage Act, to be moved
jointly by the Parties. That all the expenses incurred at the time
of drafting and filing of the Second Motion petition of mutual
consent divorce petition under Section 13 (B)(2) of the Hindu
Marriage Act, will be borne by the Second Party.
vi. That in the event Either party fails to cooperate for filing of first
motion, second motion and making the statement before the court,
either party shall have the legal recourses for recovery the said
amount from the other party, through competent court of law.
vi. That both parties have also agreed to live and lead their separate lives
in any manner whatsoever and none of the parties shall interfere or
cause any annoyance, harassment and encumbrances or file any legal
cases on any count to each other or their respective family members
in future after taking divorce. It is specifically agreed by the First
Party that she will not use surname Nischal after the divorce.
20
vii. That it is also agreed between the parties that the first party shall
make no claim for maintenance (past, present and future),
Permanent Alimony or any other kind of claim arising out of this
marriage against the second party or his family members in future,
after the receipt of the said settled amount and articles attached in
Annexure – A. ˮ
“Applying the above to the present situation, we are of the view that where the Court
dealing with a matter is satisfied that a case is made out to waive the statutory period
under Section 13B(2), it can do so after considering the following :
iii) the parties have genuinely settled their differences including alimony,
custody of child or any other pending issues between the parties;
PRAYER
ASEEM NAYYAR
ADVOCATE FOR PETITIONER NO. 1 & PETITIONER NO. 2
NEW DELHI
DATED: 21st November 2018
22
AND
DEPONENT
VERIFICATION:
Verified on solemn affirmation at Delhi on this the 21st Day of
November 2018 that the contents of my above Affidavit are true to
my knowledge and belief and that nothing material has been
concealed there from.
DEPONENT
23
AND
DEPONENT
VERIFICATION:
DEPONENT