1. Amit Gupta and Neha Gupta filed a petition seeking divorce by mutual consent under Section 13(B)(1) of the Hindu Marriage Act, 1955. 2. They got married in 2011 and have one daughter together but have been living separately since 2012 due to temperamental differences. 3. They reached an agreement on settlement terms including payment of money, return of belongings, custody of daughter, and withdrawal of legal cases.

1. IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, ROHINI, DELHI
HMA No. ………………
In the matter of:
AMIT GUPTA
……………Petitioner no.1
And
NEHA GUPTA
…………Petitioner no.2
INDEX
ITEM
1.
PARTICULARS
PAGE NOS.
Memo of parties
1
COURT
FEE
----
2.
Petition U/s 13(B)(1) HMA with
affidavits
----
3.
List of documents
---
Marriage photograph
----
ID proof of petitioners
-----
4.
5.
6.
7.
Statement
of
settlement
of
petitioners
Vakalatnamas
terms
both
of
the
---------
Delhi
Dated:
Petitioner no.1
Petitioner no.2
Through

2. Counsel
Counsel
Dr. Rajesh Gupta, Advocate
With Ms. Meenakshi Gupta, Advocate
ED/67-A, Pitam Pura, Delhi 88; 9811153011.
IN THE COURT OF HON’BLE JUDGE, FAMILY COURT, ROHINI, DELHI
HMA No. ………………
AMIT GUPTA
……………Petitioner no.1
And
NEHA GUPTA
…………Petitioner no.2
MEMO OF PARTIES
AMIT GUPTA
S/o Sh. Sudhakar Gupta,
At present R/o B-217 B,
Ekta Apartments, Sector-13,
Rohini, Delhi.
……………Petitioner no.1/Husband
And
NEHA GUPTA
W/o Amit Gupta,
D/o Sh. D.P.Agarwal,
At present R/o 225,
Pocket GH-12,
Paschim Vihar,
New Delhi.
………. Petitioner no.2/Wife
________________________________________________________
Delhi
Dated:
Petitioner no.1
Petitioner no.2

3. Through
Counsel
Counsel
Dr. Rajesh Gupta, Advocate
With Ms. Meenakshi Gupta, Advocate
ED/67-A, Pitam Pura, Delhi 88; 9811153011.
IN THE COURT OF HON’BLE JUDGE, FAMILY COURT, ROHINI, DELHI
HMA No. ………………of 2013
In the matter of:
AMIT GUPTA
S/o Sh. Sudhakar Gupta,
At present R/o B-217 B,
Ekta Apartments, Sector-13,
Rohini, Delhi.
……………Petitioner no.1/Husband
And
NEHA GUPTA
W/o Amit Gupta,
D/o Sh. D.P.Agarwal,
At present R/o 225,
Pocket GH-12,
Paschim Vihar,
New Delhi.
………. Petitioner no.2/Wife
PETITION U/S 13(B)(1) OF THE HINDU MARRIAGE ACT,1955 FOR
DISSOLUTION OF MARRIAGE BY PASSING A DECREE OF DIVORCE BY
MUTUAL CONSENT BY WAY OF 1ST MOTION
Respectfully submitted as follows:

4. 1. That the marriage was solemnized in between the petitioners at Noida as
per Hindu rites and ceremonies on 30-11-2011. Affidavits of both the
petitioners in respect of factum of their marriage are enclosed herewith.
2. That the status, age and place of residence of both the petitioners at the
time of marriage and at the time of filing of the present petition were/are
as under:
PETITIONER NO.1/HUSBAND
Status
Age
Place of residence
Before marriage
Bachelor
29 years B-217B,Ekta Apartments,
Sector-13,
(As per husband)
Hindu
Rohini, Delhi.
At the time of filing Married Hindu 31 years
B-217B,Ekta Apartments,
of
the
present
Sector-13,
Rohini, Delhi.
petition
.
PETITIONER NO.2/WIFE
Status
Before marriage
Bachelor
Hindu
Age
28 years
Place of residence
225, Pocket GH-12,
Paschim Vihar,
New Delhi.
.

5. At the time of filing Married Hindu
of
the
present
30 years
225, Pocket GH-12,
Paschim Vihar,
New Delhi.
petition
3. That after the solemnization of the marriage of the parties lived together
as husband and wife at matrimonial home and from the said wedlock a girl
child namely baby Gungun was born on 24-09-2012.
4. That due to temperamental differences and conflicts, both the petitioners
could not live together as husband and wife and as a result of which both
petitioners are living separately from each other since July 2012.
5. That the parties could not reconcile their differences despite best efforts
and could not live together as husband and wife. Now with the intervention
of the Hon’ble Court of Sh. Kamlesh Kumar, Ld. Addl. Principal Judge,
Rohini, the matter was amicably settled between both the petitioners and
the respective statements of petitioner no.1 and the petitioner no.2 was
recorded before the court of Sh. Kamlesh Kumar, Ld. Addl. Principal
Judge, Rohini, on 10-12-2013 wherein both the petitioners have agreed to
dissolve their marriage by mutual consent on the following terms and
conditions:6. That as per the settlement, the parents of the petitioner no.1/ husband,
has been authorized by their son Sh. Amit Gupta to settle the matrimonial
dispute/ differences with the petitioner no.2/ wife/ respondent.

6. 7. That as per the settlement, they have agreed to pay a sum of Rs. 48.50
lacs (forty eight lacs and fifty thousand Rupees) and belongings of the
petitioner no.2/ wife as per their admitted list to the petitioner no.2/ wife
towards full and final settlement of all her claims including stridhan,
maintenance- past, present and future and permanent alimony etc.
8. That as per the terms and conditions of the settlement, out of the said
amount, the petitioner no.1/ husband shall deposit a sum of Rs. 8 lacs in
the shape of FDR in the name of the petitioner no.2/ wife for a period of
one year at the time of first motion. Further, the parents of the petitioner
no.1/ husband submit that they shall return the belongings of the petitioner
no.2/wife as per their admitted list to the petitioner no.2/ wife in the court at
the time of first motion.
9. That as per the terms and conditions of the settlement, petitioner no.1/
husband shall, further, deposit four installments of Rs. 8 lacs each in the
shape of FDR in the name of the petitioner no.2/ wife for a period of one
year on 16.01.2014, 17.02.2014, 15.03.2014 and 16.04.2014. The said
FDRs deposited in the court shall be released to the petitioner no.2/ wife
at the time of second motion. Further, the parents of the petitioner no.1/
husband submits that they shall further pay Rs. 5 lacs to the petitioner
no.2/ wife by way of demand draft in the name of the petitioner no.2/ wife
on 16-05-2014 at the time of second motion which shall be filed after
expiry of statutory period of six months from the first motion.

7. 10. That as per the settlement, petitioner no.1/ husband shall pay the balance
amount of Rs. 3.50 Lacs (Rupees three lacs and fifty thousand) to the
petitioner no.2/ wife at the time of quashing of FIR u/s 406/498A/34 IPC,
PS: Mianwali Nagar, Delhi before the Hon’ble High Court of Delhi.
11. That as per the settlement, the parents of the petitioner no.1/ husband
submits that a sum of Rs. 15 lacs shall be kept in the name of minor
daughter Gungun Gupta in the shape of FDR under the guardianship of
the petitioner no.1/ husband for a period of 10 years (renewable for a
further period till she attains majority) at the option of the petitioner no.2/
wife. Further petitioner no.1/ husband has agreed that the custody of the
minor daughter baby Gungun Gupta shall remain with the petitioner no.2/
wife and petitioner no.1/ husband and his parents shall not claim her
custody/ visitation rights in any court of law or authority in future.
12. That both the petitioners shall withdraw all civil and criminal cases filed by
them against each other before filing of the second motion petition before
the concerned court and the petitioner no.2/ wife will render all cooperation in getting the FIR quashed from the Hon’ble court.
13. That the petitioner no.1/husband and petitioner no.2/wife undertake not to
file any type of case i.e. civil, criminal or matrimonial against each other,
their parents and relatives, in any court of Law or authorities or police
station in any manner whatsoever.
14. That the mutual consent of the petitioners for divorce has not been
obtained by force, fraud or undue influence.

8. 15. That the petition is not filed in collusion.
16. That there has not been any improper or unnecessary delay in filing the
present petition.
17. That there is no other legal ground as to why the relief should not be
granted.
18. That the settlement in question was reached at Delhi and both the
petitioners are residing within the jurisdiction of this court at the time of
filing of this petition and therefore this Hon’ble Court has jurisdiction in the
matter.
19. That the requisite court fees have been affixed on the petition.
Prayer:
In view of the facts and circumstances and the submissions as made above, it
is respectfully prayed that this Hon’ble Court may kindly be pleased to
dissolve the marriage between the petitioners by a decree of divorce by
mutual consent in terms of the settlement as annexed herewith as AnnexureI.
Delhi
Dated:
Petitioner no.1
Petitioner no.2
Through
Counsel
Counsel

9. Dr. Rajesh Gupta, Advocate
With Ms. Meenakshi Gupta, Advocate
ED/67-A, Pitam Pura, Delhi 88; 9811153011.
VERIFICATION
We, the above named petitioners, do hereby state on solemn affirmation that
contents of the above petition from paras no…….to ……….are true and
correct to petitioners knowledge and those of paras ……..are true to the
petitioners information received and believed to be true by them.
Verified at Delhi on this ………………day of ………………
Petitioner no.1/Husband
Petitioner no.2/Wife
IN THE COURT OF HON’BLE JUDGE, FAMILY COURT, ROHINI, DELHI
HMA No. ………………
AMIT GUPTA
……………Petitioner no.1
And
NEHA GUPTA
…………Petitioner no.2
AFFIDAVIT
.
I, Neha Gupta, W/o Amit Gupta, D/o Sh. D.P.Aggarwal, R/o 225, Pocket GH-12,
Paschim Vihar, New Delhi, do hereby solemnly affirm and declare as under:-

10. 1. That the deponent is the petitioner no.2 in the above cited petition and
being well conversant with the facts of the case in all its diversified aspect
and therefore competent to swear this affidavit.
2. That the contents of the accompanying petition under Section 13(B) (1) of
the Hindu Marriage Act which has been drafted by my counsel at my
instance and under my instructions and the same have been explained to
me in vernacular which are true and correct to my knowledge, the
contents of the same may kindly be read as part and parcel of present
affidavit, which are not being reproduced herein for the sake of brevity.
3. That I state that both the parties were Hindu by religion at the time of their
marriage on and continue to process the same religion at the time of filing
of the present petition.
4. That I was married to the petitioner no.1/husband on 30-11-2011
according to Hindu rites and ceremonies.
5. That out of the said wedlock one girl child was born on 24-09-2012
6. That I am living separately from petitioner no.1/husband since July, 2012.
7. That there is no collusion between the petitioners in institution of the
present petition.
8. That the mutual consent of the petitioners for divorce has not been
obtained by force, fraud or undue influence.
9. That there is no other legal ground as to why the relief should not be
granted.

11. 10. That the settlement in question was reached at Delhi and both the
petitioners are residing within the jurisdiction of this Hon’ble court at the
time of filing of this petition and therefore this Hon’ble Court has
jurisdiction in the matter..
Deponent
Verification
Verified at Delhi on this the …………………………that the contents of the
above affidavit are true and correct to the best of the knowledge of the
deponent and nothing material has been concealed therefrom.
Deponent
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, ROHINI, DELHI
HMA No. ………………
In the matter of:
AMIT GUPTA
……………Petitioner no.1
And
NEHA GUPTA
…………Petitioner no.2

12. LIST OF DOCUMENTS
1.
2.
3.
4.
Marriage photograph
----
ID proof of petitioners
-----
Statement
and
settlement
of
petitioners
Vakalatnamas
-----
terms
of
both
the
-----
Delhi
Dated :
Petitioner no.1
Petitioner no.2
Through
Counsel
Counsel
Dr. Rajesh Gupta, Advocate
With Ms. Meenakshi Gupta, Advocate
ED/67-A, Pitam Pura, Delhi 88; 9811153011