IN THE COURT OF PRINCIPAL JUDGE,FAMILY COURT,

NEW DELHI DISTT, PATIALA HOUSE COURT, DELHI

HMA PETITION NO. OF 2022

IN THE MATTER OF:-

SH. HEM CHANDER TIWARI …PETIONER NO-1

VERSUS

SMT. NIDHI TIWARI …PETITIONER NO-2

INDEX

S. NO. PARTICULARS PAGES

1. MEMO OF PARTIES

2. JOINT PETITION UNDER SECTION 13(B)(1) OF THE

HINDU MARRIAGE ACT FOR A DECREE OF DIVORCE
BY MUTUAL CONSENT ALONGWITH AFFIDAVIT.
3. AFFIDAVIT OF PETITIONER’S IN REGARD WITH
MARRIAGE DOCUMENTS

5. AFFIDAVIT OF THE PETITIONER’S AS PER

JUDGEMENT 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

4. ANNEXURE-A
COPY OF MARRIAGE CERTIFICATE

5. ANNEXURE-B
PROOF OF RESIDENCE OF PETITIONERS

6. ANNEXURE – C

COPY OF SETTLEMENT AGREEMENT

 7. VAKALATNAMA

PETITIONER NO.1 PETITIONER NO. 2

THROUGH

ADVOCATE ADVOCATE

Kesar Singh Sawhney Deepak Kohli

E-31 Greater Kailash J-25, Street No-5,

Part-3, Masjid Moth New Delhi-110048 Laxmi Nagar, Delhi-92

Ph: 9873360957 PH: 9899181011

IN THE COURT OF PRINCIPAL JUDGE,FAMILY COURT,
NEW DELHI DISTT, PATIALA HOUSE COURT, DELHI
HMA PETITION NO. OF 2022
IN THE MATTER OF:-

SH. HEM CHANDER TIWARI …PETIONER NO-1

VERSUS

SMT. NIDHI TIWARI …PETITIONER NO-2

MEMO OF PARTIES
SH. HEM CHANDER TIWARI
S/O SH. BANSHI DHAR TIWARI
R/O FLAT NO. 1132, TOWER-D,
7TH AVENUE SOCIETY, GAUR CITY-I,
SECTOR-4, GREATER NOIDA,
UTTAR PRADESH-201309. …PETITIONER NO.1
AND
SMT. NIDHI TIWARI
W/O SH. HEM CHANDER TIWARI,
D/O SH. INDER MOHAN THAPAR,
R/O FLAT NO. C 304, Third Floor,
TOWER-C, BRAVE HEARTS APARTMENT,
RAJ NAGAR EXTENTION, GHAZIABAD, UP 201017 …PETITIONER NO.2

PETITIONER NO.1 PETITIONER NO. 2

THROUGH

ADVOCATE ADVOCATE

Kesar Singh Sawhney Deepak Kohli

E-31 Greater Kailash J-25, Street No-5,

Part-3, Masjid Moth New Delhi-110048 Laxmi Nagar, Delhi-92

Ph: 9873360957 PH: 9899181011

IN THE COURT OF PRINCIPAL JUDGE,FAMILY COURT,
NEW DELHI DISTT, PATIALA HOUSE COURT, DELHI
HMA PETITION NO. OF 2022

IN THE MATTER OF:-

SH. HEM CHANDER TIWARI …PETIONER NO-1

VERSUS

SMT. NIDHI TIWARI …PETITIONER NO-2

PETITION UNDER SECTION 13-B (I) OF THE HINDU MARRIAGE ACT,

1955, AS AMENDED UPTO DATE FOR DISSOLUTION OF MARRIAGE BY A
DECREE OF DIVORCE WITH MUTUAL CONSENT(FIRST MOTION).

MOST RESPECTFULLY SHOWETH:

1. That the marriage between the Petitioner No.1 and the Petitioner No.2 was
solemnised on 08/12/2008 according to Hindu Rites and Ceremonies at Arya
Samaj Vedic Temple at Mandir Marg (Anarkali), New Delhi-110001. The copy
of marriage certificate is annexed herewith as. ANNEXURE A. Copy of
residence proof of the petitioners are annexed herewith as ANNEXURE-B
(Colly).
2. It is stated that the status, age and place of residence of the Petitioner No. 1 and
Petitioner No. 2 to the marriage before the marriage and at the time of filing the
petition were and are as follows:
AT THE TIME OF MARRIAGE.

Husband Wife

Status Age Place of Residence Status Age Place of

Residence

Unmarried 25 Krishna Nagar, Arjun Unmarri 31 B block Pandav

Vihar New Delhi ed Nagar New Delhi

AT THE TIME OF FILING THE PRESENT PETITION.

Husband Wife
 Statu Age Place of Residence Status Age Place of Residence
s

Marri 39 Flat no.1132, tower- Married 45 FLAT NO. C 304, Third Floor,
ed D, 7th Avenue Society, TOWER-C, BRAVE HEARTS
Gaur City-I, Sector-4, APARTMENT,
Greater Noida, UP- RAJ NAGAR EXTENTION,
201309. GHAZIABAD, UP 201017

3. That after the marriage, the petitioners lived and cohabited together as husband
and wife and out of the said wedlock 1 male child was born namely Parth Tiwari
on 04/11/2010. That the Petitioner No.2 was married before and from her
previous marriage she had a male child namely Lakshay Tiwari which was born
on 26/09/2002. That the Petitioner No.1 Legally adopted the previous child of
Petitioner No.2.

3. It is stated that the Petitioner No.1 and Petitioner No. 2 have been living
separately since 20/01/2019.

4. That they have not been able to live together as Husband and wife since then
because of incompatibility of temperaments. There is no probability or
possibility of their living together as Husband and wife. There has been no
cohabitation between the Petitioner No.1 and Petitioner No.2 , since the date of
separation 20/01/2019 and as such the marital relations between the Petitioner
 No.1 and Petitioner No. 2 has come to an end, once and for all. There is no
possibility of reconciliation between the Petitioner No.1 and Petitioner No.2
because of the divergent views and temperamental differences. The families of
both the petitioners have tried their level best to make both the petitioners try
and live together but both the petitioners have not been able to make an attempt
to live together.

5. That after both the petitioners have not been able to make an attempt to live
together, the petitioners have decided to get their marriage dissolved by way of
mutual consent with the intention to resolve all the disputes, rights, claims, etc.
against each other.

6. It is stated that in view of above, the Petitioner No.1 and 2 are not interested in
continuing this relationship and hence the Petitioner No.1 and Petitioner No. 2
have mutually decided to seek a decree of divorce by way of mutual consent on
the terms and Conditions as agreed in the Settlement Deed which was reached
between them; on dated 02/06/2022 at Delhi Mediation Center Patiala House
Court in the case of Sh. Hem Tiwari Vs Smt.Nidhi Tiwari, case no
252/2022.That the Petitioners agree to be bound by the terms of settlement
arrived at between themselves vide Settlement deed dated 02/06/2022 which is
marked herewith as Annexure C .

7. That both the Petitioners out of their free will have settled their all disputes and
differences, on the following terms and condition: -

a) It is agreed between the Petitioners that the Petitioners shall dissolve their marriage
by filing a petition U/s 13 (B) (1) & (2) of HMA, 1955 on the ground of mutual
consent before the Family Court. It is further agreed that due to irretrievable
breakdown of marriage, petitioners agree to file waiver application in view of the
order dated passed by the Hon’ble Supreme Court in “Amardeep Singh vs Harveen
 Kaur”. If the Ld. Principal Judge declines the application, then it is further agreed
that after expiry of mandatory period of six months they will file second motion
petition without any delay preferably within period of 15 days after expiry of six
months as contemplated under the law.
b) It is also agreed between the Petitioners that the second motion Petition shall be
filled by both the parties before 31.07.2022.

c) It is agreed between the Petitioners that Petitioner No.1 (Husband) shall pay a total
sum of Rs.7,00,000/- (Rs. Seven Lakhs only) to the Petitioner No.2 (Wife) towards
full and final settlement of all her claims arising out of the marriage including
istridhan, permanent alimony, maintenance of Petitioner No.2 and maintenance of
children (present, past & future) and any rights in property.

d) It is agreed between the Petitioners that the payment of the settlement amount of
Rs.7,00,000/- (Rs. Seven Lakhs only)- shall be made by the husband to the wife as
per the following schedule: -

• Rs.3,50,000/- (Rs. Three Lakhs Fifty thousand only) by way of DD/RTGS/NEFT in

the name or in the account of the Petitioner No.2 (Wife) before the court concerned at
the time of recording statement of the Petitioner’s in first motion for divorce by
mutual consent.

• Rs.3,50,000/- (Rs. Three Lakhs Fifty thousand only) by way of DD/RTGS/NEFT at

the time of recording statement of the Petitioner’s in second motion for divorce by
mutual consent.

e) It is agreed between the Petitioner’s that they will close their joint bank account with
Canara Bank, Raj Nagar extension Branch and State Bank of India, Kavi Nagar,
Ghaziabad before the second Motion.
f) It is further agreed by the Petitioner No.2 (wife) that after receiving Rs.7,00,000/-
(Rs. Seven Lakhs only) from Petitioner No.1 (husband) nothing will be left towards
the Petitioner No.2 (Wife) and children in any form.

g) It is further agreed between the Petitioner’s that both the children Namely Mr.
Lakshay Tiwari (Legally adopted by Petitioner No.1) and Master Parth Tiwari will
remain in custody of Petitioner No.2 (Wife).
h) It is agreed between the parties that Petitioner No.1 shall withdraw the Divorce
Petition under section 13(1) (ia)(ib) of the Hindu Marriage Act,1955, (case no
252/2022) before the Second Motion
i) It is agreed between the Petitioner’s that the Petitioner No.2 and Petitioner No.1
shall not be left with any matrimonial rights towards each other & shall not be left
with any right, title or interest in the movable or immovable properties of each
other.
j) It is agreed between the Petitioner’s that they shall not interfere in each other’s'
personal life or in the life of any of their family members & shall not litigate qua the
marriage in future.
k) It is agreed between the Petitioner’s 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.
l) It is agreed between the Petitioner’s that the defaulting party would return all the
benefits/advantages/privileges that have endured in its favor and both the
Petitioner’s would be restored to the position that was before they had arrived at
such a settlement agreement.
m) It is agreed between the Petitioners that petitioners will not maintain their relation as
husband and wife and further both the petitioners will not claim each other’s
previous relations in the society, known as husband and wife.
8. It is stated that there are no unresolved issues between the petitioners and after
the filing acceptance of petition U/s 13-B (1) and (2) of the HMA, both the
Petitioners shall have no claim, counter-claim against each other they shall never
file a case/complaint against each other for the issues which have been resolved
amicably.

9. It is stated that after grant of divorce both the Petitioners can marry as per their
own choice and either party shall not interfere in personal and professional life
of each other.

10. That the petitioners undertake to abide the term and conditions set out in the
Petition and in the Settlement agreement and not to dispute the same hereinafter
in future and in the event of defiance they will be liable as per the law of land.

11. It is stated that in view of above, the Petitioner No.1 and 2 are not interested in
continuing this relationship and hence the Petitioner No.1 and Petitioner No. 2
have mutually decided to seek a decree of divorce by way of mutual consent.

12. It is stated that none of the petitioners shall file any civil or criminal proceedings
against each other in future in any court of Law, either in India or out of India, in
respect of marriage and that, if any other case/petition/complaint etc. is pending
between the petitioners in any court of authority either against the petitioners or
against their respective family members, the same shall be withdrawn/ disposed
of by the respective Petitioners.

13. It is stated that the mutual consent of the Petitioner No. 1 and the Petitioner No.
2 to the petition has not been obtained either by force, fraud or undue influence.

14. It is stated that the present petition is not being filled in collusion with each
other.
15. That the marriage of the Petitioner no.1 with Petitioner No.2 was solemnized at
Arya Samaj Vedic Mandi, (Anarkali) Mandir Marg, New Delhi, which is within
the local limits of the ordinary original jurisdiction of this Hon'ble Court, hence
this Court has jurisdiction to try and entertain the petition.

16. That there are no legal impediments in granting the decree as prayed for.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased
to dissolve the marriage between the Petitioners by a decree of divorce by mutual
consent. Such other or further order or orders be also passed in favor of Petitioners as
this Hon’ble Court may deem fit and proper, in the facts and circumstances of the case.

It is prayed accordingly.

PETITIONER NO.1 PETITIONER NO. 2

THROUGH

ADVOCATE ADVOCATE

Kesar Singh Sawhney Deepak Kohli

E-31 Greater Kailash J-25, Street No-5,

Part-3, Masjid Moth New Delhi-110048 Laxmi Nagar, Delhi-92

Ph: 9873360957 PH: 9899181011

VERIFICATION :

We, Hem Tiwari and Nidhi Tiwari, the Petitioner No. 1 and 2, above named do hereby
verify on solemn affirmation that the contents of the above Petition are true and correct
to our knowledge and belief.

Verified at Delhi on this day of July 2022.

PETITIONER NO.1 PETITIONER NO. 2

THROUGH

ADVOCATE ADVOCATE
IN THE COURT OF PRINCIPAL JUDGE,FAMILY COURT,
NEW DELHI DISTT, PATIALA HOUSE COURT, DELHI
HMA PETITION NO. OF 2022

IN THE MATTER OF:-

SH. HEM CHANDER TIWARI …PETIONER NO-1

VERSUS

SMT. NIDHI TIWARI …PETITIONER NO-2

AFFIDAVIT

I, Hem Chander Tiwari S/o Sh. Banshi Dhar Tiwari, aged about 39 years R/o Flat No.
1132, Tower-D, 7th Avenue Society, Gaur City-I, Sector-4, Greater Noida, Uttar
Pradesh-201309, do hereby solemnly affirm and declare as under:

1. That the deponent is the Petitioner No. 1 in the above-named petition and is fully
conversant with the facts and circumstances of the case.
2. That the marriage between the Petitioner No.1 and the Petitioner No.2 was
solemnized on 08/12/2008 according to Hindu Rites and Ceremonies at Arya Samaj
Vedic Temple at Mandir Marg (Anarkali), New Delhi-110001. The marriage was duly
consummated and out of the said wedlock 1 male child was born namely Parth Tiwari
on 04/11/2010. That the Petitioner No.2 was married before and from her previous
marriage she had a male child namely Lakshay Tiwari which was born on 26/09/2002.
That the Petitioner No.1 Legally adopted the previous child of Petitioner No.2.

3. That there is irretrievable breakdown of the marriage due to incompatible

behavior, conduct and temperament of the parties. Accordingly, the parties to the
petition have been living separately since 20/01/2019 and have not been able to live
together or cohabited since then.
4. That the accompanying petition has been drafted by my counsel under my
instructions and contents have been read over and explained to me in my vernacular,
which I have understood and are true and correct.
5. That the present petition has not been preferred in collusion with the Petitioner No.
2.
6. That there is no improper or unnecessary delay in preferring the accompanying
petition.

Deponent

Verification:

Verification on this ______ day of July 2022 at Delhi that the contents of the above
affidavit are true and correct to my knowledge and belief and that nothing material has
been concealed therefrom.

Deponent
 IN THE COURT OF PRINCIPAL JUDGE,FAMILY COURT,
NEW DELHI DISTT, PATIALA HOUSE COURT, DELHI
HMA PETITION NO. OF 2022

IN THE MATTER OF:-

SH. HEM CHANDER TIWARI …PETIONER NO-1

VERSUS

SMT. NIDHI TIWARI …PETITIONER NO-2

AFFIDAVIT

I, Nidhi Tiwari D/o Sh. Inder Mohan Thapar, aged about 45 years R/o FLAT NO. C
304, Third Floor, TOWER-C, BRAVE HEARTS APARTMENT, RAJ NAGAR
EXTENTION, GHAZIABAD, UP 201017do hereby solemnly affirm and declare as
under:

1. That the deponent is the Petitioner No. 2 in the above-named petition and is fully
conversant with the facts and circumstances of the case.
2. That the marriage between the Petitioner No.2 and the Petitioner No.1 was
solemnized on 08/12/2008 according to Hindu Rites and Ceremonies at Arya Samaj
Vedic Temple at Mandir Marg (Anarkali), New Delhi-110001. The marriage was duly
consummated and out of the said wedlock 1 male child was born namely Parth Tiwari
on 04/11/2010. That the Petitioner No.2 was married before and from her previous
marriage she had a male child namely Lakshay Tiwari which was born on 26/09/2002.
That the Petitioner No.1 Legally adopted the previous child of Petitioner No.2 (Wife).
3. That there is irretrievable breakdown of the marriage due to incompatible
behavior, conduct and temperament of the parties. Accordingly, the parties to the
petition have been living separately since 20/01/2019 and have not been able to live
together or cohabited since then.
4. That the accompanying petition has been drafted by my counsel under my
instructions and contents have been read over and explained to me in my vernacular,
which I have understood and are true and correct.
5. That the present petition has not been preferred in collusion with the Petitioner
No. 1.

6. That there is no improper or unnecessary delay in preferring the accompanying

petition.

Deponent

Verification:

Verification on this ______ day of July, 2022 at Delhi that the contents of the above
affidavit are true and correct to my knowledge and belief and that nothing material has
been concealed therefrom.

Deponent
 IN THE COURT OF PRINCIPAL JUDGE,FAMILY COURT,
NEW DELHI DISTT, PATIALA HOUSE COURT, DELHI
HMA PETITION NO. OF 2022

IN THE MATTER OF:-

SH. HEM CHANDER TIWARI …PETIONER NO-1

VERSUS

SMT. NIDHI TIWARI …PETITIONER NO-2

AFFIDAVIT OF PETITIONER NO.1 IN REGARD WITH MARRIAGE

DOCUMENTS

I, Hem Chander Tiwari S/o Sh. Banshi Dhar Tiwari, aged about 39 years R/o
Flat No. 1132, Tower-D, 7th Avenue Society, Gaur City-I, Sector-4, Greater Noida,
Uttar Pradesh-201309, do hereby solemnly affirm and declare as under
1. That the deponent is the Petitioner No. 1 in the above-named petition and is fully
conversant with the facts and circumstances of the case.

2. That the marriage between the Petitioner No.1 and the Petitioner No.2 was
solemnized on 08/12/2008 according to Hindu Rites and Ceremonies at Arya Samaj
Vedic Temple at Mandir Marg (Anarkali), New Delhi-110001. The marriage was duly
consummated and out of the said wedlock 1 male child was born namely Parth Tiwari
on 04/11/2010. That the Petitioner No.2 was married before and from her previous
marriage she had a male child namely Lakshay Tiwari which was born on 26/09/2002.
That the Petitioner No.1 Legally adopted the previous child of Petitioner No.2.

3. That the Deponent does not have the Original/Photocopy of the Marriage Card and
Photographs of Marriage. That the Deponent is only having the Photocopy of Marriage
certificate and the same has been attached with the petition.

4. That the Deponent is not having the Originals of the Marriage Card, Photographs of
Marriage and Marriage certificate.

5. That the facts mentioned herein are true and correct to the best of my knowledge
and nothing material has been concealed therein.

Deponent
Verification:

Verification on this ______ day of July 2022 at Delhi that the contents of the above
affidavit are true and correct to my knowledge and belief and that nothing material has
been concealed therefrom.

Deponent

IN THE COURT OF PRINCIPAL JUDGE,FAMILY COURT,

NEW DELHI DISTT, PATIALA HOUSE COURT, DELHI
 HMA PETITION NO. OF 2022

IN THE MATTER OF:-

SH. HEM CHANDER TIWARI …PETIONER NO-1

VERSUS

SMT. NIDHI TIWARI …PETITIONER NO-2

AFFIDAVIT OF PETITIONER NO.2 IN REGARD WITH MARRIAGE

DOCUMENTS

I, Nidhi Tiwari D/o Sh. Inder Mohan Thapar, aged about 45 years R/o FLAT
NO. C 304, Third Floor, TOWER-C, BRAVE HEARTS APARTMENT, RAJ NAGAR
EXTENTION, GHAZIABAD, UP 201017do hereby solemnly affirm and declare as under

1. That the deponent is the Petitioner No. 2 in the above-named petition and is fully
conversant with the facts and circumstances of the case.

2. That the marriage between the Petitioner No.2 and the Petitioner No.1 was
solemnized on 08/12/2008 according to Hindu Rites and Ceremonies at Arya Samaj
Vedic Temple at Mandir Marg (Anarkali), New Delhi-110001. The marriage was duly
consummated and out of the said wedlock 1 male child was born namely Parth Tiwari
on 04/11/2010. That the Petitioner No.2 was married before and from her previous
marriage she had a male child namely Lakshay Tiwari which was born on 26/09/2002.
That the Petitioner No.1 Legally adopted the previous child of Petitioner No.2 (Wife).
3. That the Deponent does not have the Original/Photocopy of the Marriage Card
and Photographs of Marriage. That the Deponent is only having the Photocopy of
Marriage certificate and the same has been attached with the petition.

4. That the Deponent is not having the Originals of the Marriage Card,
Photographs of Marriage and Marriage certificate.

5. That the facts mentioned herein are true and correct to the best of my knowledge
and nothing material has been concealed therein.

Deponent

Verification:

Verification on this ______ day of July, 2022 at Delhi that the contents of the above
affidavit are true and correct to my knowledge and belief and that nothing material has
been concealed therefrom.

Deponent
 IN THE COURT OF PRINCIPAL JUDGE,FAMILY COURT,
NEW DELHI DISTT, PATIALA HOUSE COURT, DELHI
HMA PETITION NO. OF 2022

IN THE MATTER OF:-

SH. HEM CHANDER TIWARI …PETIONER NO-1

VERSUS

SMT. NIDHI TIWARI …PETITIONER NO-2

AFFIDAVIT OF THE PETITIONER NO.1 AS PER JUDGEMENT 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, Hem Chander Tiwari S/o Sh. Banshi Dhar Tiwari, aged about 39 years R/o
Flat No. 1132, Tower-D, 7th Avenue Society, Gaur City-I, Sector-4, Greater Noida,
Uttar Pradesh-201309, do hereby solemnly affirm and declare as under

1. That the deponent is the Petitioner no.1 in the above noted case and is well
conversant with the facts of the case and competent to swear this affidavit.

2. That the marriage between the Petitioner No.1 and the Petitioner No.2 was
solemnized on 08/12/2008 according to Hindu Rites and Ceremonies at Arya Samaj
Vedic Temple at Mandir Marg (Anarkali), New Delhi-110001. The marriage was duly
consummated and out of the said wedlock 1 male child was born namely Parth Tiwari
on 04/11/2010. That the Petitioner No.2 was married before and from her previous
marriage she had a male child namely Lakshay Tiwari which was born on 26/09/2002.
That the Petitioner No.1 Legally adopted the previous child of Petitioner No.2 (Wife).

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 the Hon’ble Court.

4. That with the benign intervention of the friends & relatives, the Petitioner No.1
& the Petitioner No.2 both out of their free will have settled their all disputes and
differences, on the following terms and condition: -

a. That the Petitioner No.1 & Petitioner No.2 have mutually agreed that the
marriage should be dissolved, and they have agreed for obtaining decree of dissolution
of marriage by mutual consent.
b. It is agreed between the Petitioners that the Petitioners shall dissolve their
marriage by filing a petition U/s 13 (B) (1) & (2) of HMA, 1955 on the ground of
mutual consent before the Family Court. It is further agreed that due to irretrievable
breakdown of marriage, petitioners agree to file waiver application in view of the order
dated passed by the Hon’ble Supreme Court in “Amardeep Singh vs Harveen Kaur”. If
the Ld. Principal Judge declines the application, then it is further agreed that after expiry
of mandatory period of six months they will file second motion petition without any
delay preferably within period of 15 days after expiry of six months as contemplated
under the law.

c. It is also agreed between the Petitioners that the second motion Petition shall be
filled by both the parties before 31.07.2022.
d. It is agreed between the Petitioners that Petitioner No.1 (Husband) shall pay a
total sum of Rs.7,00,000/- (Rs. Seven Lakhs only) to the Petitioner No.2 (Wife) towards
full and final settlement of all her claims arising out of the marriage including istridhan,
permanent alimony, maintenance of Petitioner No.2 and maintenance of children
(present, past & future) and any rights in property.
e. It is agreed between the Petitioners that the payment of the settlement amount of
Rs.7,00,000/- (Rs. Seven Lakhs only)- shall be made by the husband to the wife as per
the following schedule: -

• Rs.3,50,000/- (Rs. Three Lakhs Fifty thousand only) by way of

DD/RTGS/NEFT in the name or in the account of the Petitioner No.2 (Wife) before the
court concerned at the time of recording statement of the Petitioner’s in first motion for
divorce by mutual consent.

• Rs.3,50,000/- (Rs. Three Lakhs Fifty thousand only) by way of

DD/RTGS/NEFT at the time of recording statement of the Petitioner’s in second motion
for divorce by mutual consent.
f. It is agreed between the Petitioner’s that they will close their joint bank account
with Canara Bank, Raj Nagar extension Branch and State Bank of India, Kavi Nagar,
Ghaziabad before the second Motion.
g. It is further agreed by the Petitioner No.2 (wife) that after receiving
Rs.7,00,000/- (Rs. Seven Lakhs only) from Petitioner No.1 (husband) nothing will be
left towards the Petitioner No.2 (Wife) and children in any form.
h. It is further agreed between the Petitioner’s that both the children Namely Mr.
Lakshay Tiwari (Legally adopted by Petitioner No.1) and Master Parth Tiwary will
remain in custody of Petitioner No.2 (Wife).
i. It is agreed between the parties that Petitioner No.1 shall withdraw the Divorce
Petition under section 13(1)(ia)(ib) of the Hindu Marriage Act,1955, (case no 252/2022)
before the Second Motion
j. It is agreed between the Petitioner’s that the Petitioner No.2 and Petitioner No.1
shall not be left with any matrimonial rights towards each other & shall not be left with
any right, title or interest in the movable or immovable properties of each other.
k. It is agreed between the Petitioner’s that they shall not interfere in each other’s'
personal life or in the life of any of their family members & shall not litigate qua the
marriage in future.
l. It is agreed between the Petitioner’s 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.
m. It is agreed between the Petitioner’s that the defaulting party would return all the
benefits/advantages/privileges that have endured in its favor and both the Petitioner’s
would be restored to the position that was before they had arrived at such a settlement
agreement.
n. It is agreed between the Petitioners that petitioners will not maintain their
relation as husband and wife and further both the petitioners will not claim each other’s
previous relations in the society, known as husband and wife.
o. That it is agreed between the parties that for the breach of undertaking given to
the concerned court or willful/deliberate violation of the consent order/decree, the
defaulting party will be liable to be punished for contempt of court.

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. against each other or their respective family
members.

5. That I undertake to abide by the settlement arrived between me and the

Petitioner No.2 as mentioned in para-No.4 above.

6. I undertake to abiding by the stipulation as contained in the judgement dated

15/05/2018 passed by the Hobble High Court of Delhi in the matter of Rajat Gupta
versus Rupali Gupta in contempt case (C)-772/2013.

7. That the petition has not been filed in collusion and there is no kind of force,
fraud or undue influence for filling the present petition.

8. That in case of any breach/violation/willful/deliberate disobedience of the terms

of the settlement, agreement, breach, violation of any terms of the settlement agreement,
I shall be liable to be punished for contempt of court.

9. That the continents of the accompanying petition U/s 13 (B) (1) of HMA are
true and correct to the best of my knowledge and the same be read as part and parcel of
this affidavit.

DEPONENT
VERIFICATION:
 Verified at Delhi on this ___ day of July 2022 that the contents of my affidavit
are true and correct to the best of my knowledge and no part of it is false and nothing
material has been concealed there from.

DEPONENT

IN THE COURT OF PRINCIPAL JUDGE,FAMILY COURT,

NEW DELHI DISTT, PATIALA HOUSE COURT, DELHI
HMA PETITION NO. OF 2022

IN THE MATTER OF:-

SH. HEM CHANDER TIWARI …PETIONER NO-1

VERSUS

SMT. NIDHI TIWARI …PETITIONER NO-2

AFFIDAVIT OF THE PETITIONER NO.2 AS PER JUDGEMENT 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, Nidhi Tiwari D/o Sh. Inder Mohan Thapar, aged about 45 years R/o FLAT
NO. C 304, Third Floor, TOWER-C, BRAVE HEARTS APARTMENT, RAJ NAGAR
EXTENTION, GHAZIABAD, UP 201017do hereby solemnly affirm and declare as under:
1. That the deponent is the Petitioner no.2 in the above noted case and is well
conversant with the facts of the case and competent to swear this affidavit.

10. That the marriage between the Petitioner No.2 and the Petitioner No.1 was
solemnized on 08/12/2008 according to Hindu Rites and Ceremonies at Arya Samaj
Vedic Temple at Mandir Marg (Anarkali), New Delhi-110001. The marriage was duly
consummated and out of the said wedlock 1 male child was born namely Parth Tiwari
on 04/11/2010. That the Petitioner No.2 was married before and from her previous
marriage she had a male child namely Lakshay Tiwari which was born on 26/09/2002.
That the Petitioner No.1 Legally adopted the previous child of Petitioner No.2 (Wife).

11. That the parties to the petition have mutually agreed that their marriage should
be dissolved by mutual consent by a decree of divorce by the Hon’ble Court.

12. That with the benign intervention of the friends & relatives, the Petitioner No.1
& the Petitioner No.2 both out of their free will have settled their all disputes and
differences, on the following terms and condition: -

a. That the Petitioner No.1 & Petitioner No.2 have mutually agreed that the
marriage should be dissolved, and they have agreed for obtaining decree of dissolution
of marriage by mutual consent.
b. It is agreed between the Petitioners that the Petitioners shall dissolve their
marriage by filing a petition U/s 13 (B) (1) & (2) of HMA, 1955 on the ground of
mutual consent before the Family Court. It is further agreed that due to irretrievable
breakdown of marriage, petitioners agree to file waiver application in view of the order
dated passed by the Hon’ble Supreme Court in “Amardeep Singh vs Harveen Kaur”. If
the Ld. Principal Judge declines the application, then it is further agreed that after expiry
of mandatory period of six months they will file second motion petition without any
delay preferably within period of 15 days after expiry of six months as contemplated
under the law.
c. It is also agreed between the Petitioners that the second motion Petition shall be
filled by both the parties before 31.07.2022.
d. It is agreed between the Petitioners that Petitioner No.1 (Husband) shall pay a
total sum of Rs.7,00,000/- (Rs. Seven Lakhs only) to the Petitioner No.2 (Wife) towards
full and final settlement of all her claims arising out of the marriage including istridhan,
permanent alimony, maintenance of Petitioner No.2 and maintenance of children
(present, past & future) and any rights in property.
e. It is agreed between the Petitioners that the payment of the settlement amount of
Rs.7,00,000/- (Rs. Seven Lakhs only)- shall be made by the husband to the wife as per
the following schedule: -

• Rs.3,50,000/- (Rs. Three Lakhs Fifty thousand only) by way of

DD/RTGS/NEFT in the name or in the account of the Petitioner No.2 (Wife) before the
court concerned at the time of recording statement of the Petitioner’s in first motion for
divorce by mutual consent.

• Rs.3,50,000/- (Rs. Three Lakhs Fifty thousand only) by way of

DD/RTGS/NEFT at the time of recording statement of the Petitioner’s in second motion
for divorce by mutual consent.

f. It is agreed between the Petitioner’s that they will close their joint bank account
with Canara Bank, Raj Nagar extension Branch and State Bank of India, Kavi Nagar,
Ghaziabad before the second Motion.
g. It is further agreed by the Petitioner No.2 (wife) that after receiving Rs.7,00,000/-
(Rs. Seven Lakhs only) from Petitioner No.1 (husband) nothing will be left towards the
Petitioner No.2 (Wife) and children in any form.
h. It is further agreed between the Petitioner’s that both the children Namely Mr.
Lakshay Tiwari (Legally adopted by Petitioner No.1) and Master Parth Tiwary will
remain in custody of Petitioner No.2 (Wife).
i. It is agreed between the parties that Petitioner No.1 shall withdraw the Divorce
Petition under section 13(1)(ia)(ib) of the Hindu Marriage Act,1955, (case no 252/2022)
before the Second Motion
j. It is agreed between the Petitioner’s that the Petitioner No.2 and Petitioner No.1
shall not be left with any matrimonial rights towards each other & shall not be left with
any right, title or interest in the movable or immovable properties of each other.
k. It is agreed between the Petitioner’s that they shall not interfere in each other’s'
personal life or in the life of any of their family members & shall not litigate qua the
marriage in future.
l. It is agreed between the Petitioner’s 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.
m. It is agreed between the Petitioner’s that the defaulting party would return all the
benefits/advantages/privileges that have endured in its favor and both the Petitioner’s
would be restored to the position that was before they had arrived at such a settlement
agreement.
n. It is agreed between the Petitioners that petitioners will not maintain their relation
as husband and wife and further both the petitioners will not claim each other’s previous
relations in the society, known as husband and wife.
o. That it is agreed between the parties that for the breach of undertaking given to the
concerned court or willful/deliberate violation of the consent order/decree, the
defaulting party will be liable to be punished for contempt of court.

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. against each other or their respective family
members.
13. That I undertake to abide by the settlement arrived between me and the
Petitioner No.1 as mentioned in para-No.4 above.

14. I undertake to abiding by the stipulation as contained in the judgement dated

15/05/2018 passed by the Hobble High Court of Delhi in the matter of Rajat Gupta
versus Rupali Gupta in contempt case (C)-772/2013.

15. That the petition has not been filed in collusion and there is no kind of force,
fraud or undue influence for filling the present petition.

16. That in case of any breach/violation/willful/deliberate disobedience of the terms

of the settlement, agreement, breach, violation of any terms of the settlement agreement,
I shall be liable to be punished for contempt of court.

17. That the continents of the accompanying petition U/s 13 (B) (1) of HMA are
true and correct to the best of my knowledge and the same be read as part and parcel of
this affidavit.

DEPONENT
VERIFICATION:
Verified at Delhi on this ___ day of July 2022 that the contents of my affidavit
are true and correct to the best of my knowledge and no part of it is false and nothing
material has been concealed there from.

DEPONENT