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DELHI HIGH COURT MEDIATION AND CONCILIATION CENTRE

DELHI HIGH COURT, SHER SHAH ROAD, NEW DELHI

DATED: 24.03.2017

MEDIATION PETITION NO. ***/2016

CONCILIATED AGREEMENT

THIS CONCILIATED AGREEMENT IS EXECUTED AT NEW DELHI ON ** TH DAY


OF MARCH 2017

BETWEEN

Mrs 498A, W/o Sh. Husband Singh, D/o Late Sh. XXXXXXXXX, aged about 30
years, R/o Address, Delhi-110092. (Hereinafter referred and called as to the FIRST
PARTY)

AND

Sh. Husband Singh, S/o Sh. XXXXXXXXX aged about 32 years, R/o
XXXXXXXXXXX Noida-201301, Uttar Pradesh (Hereinafter referred and called as to
the SECOND PARTY)

The parties are individually referred to as Party and collectively as Parties.

WHEREAS the First and the Second parties got married according to the Hindu
Rites and Ceremonies on 19.10.2013 at Red Carpet, Lawn No. 2, Mohan Nagar,
Link Road, Dabar, Opposite Bikanerwala, Ghaziabad, Uttar Pradesh. The said
marriage was not registered anywhere. And no child was born out of the said
wedlock.

AND WHEREAS the disputes and differences were arisen between the parties and
the parties are living separately since 25.02.2015. Out of the said disputes and
differences, upon the complaint of the First Party, an FIR bearing No. 2273/2015,
P.S. Shakar Pur, U/s 498-A/406/34 I.P.C was registered against the Second Party as
accused and naming his parents and at present the same is pending investigation.
Thereafter in order to resolve all the pending disputes amongst the parties, t he First
Party has approached the SAMADHAN (Delhi High Court Mediation and
Conciliation Centre) by way of filing an application for appointment of a Conciliator
for resolution of the disputes that had arisen between the parties through the process
of Pre-Litigation vide Application No. 909/2016.

AND WHEREAS conciliation sessions were held with the parties and respective
counsel of First Party on 11.01.2017, 10.02.2017, 08.03.2017 and 24.03.2017
respectively.

AND WHEREAS the parties interacted with each other in the presence of the
Conciliator and with the intervention of Conciliator and respective counsel of First
Party, the parties have voluntarily, without any force or coercion, have arrived at the
following terms of settlement:-

1 The First and the Second Party agreed to get their marriage dissolved by
obtaining a decree of divorce by filing joint petition(s) under Section 13-B of
The Hindu Marriage Act by filing first motion petition under Section 13-B(1)
within 15 days from the date of signing of present conciliated agreement and
the Second motion petition under Section 13-B(2) of The Hindu Marriage Act
within 15 days of the expiry of statutory period of six months from the date of
institution of first joint petition for divorce by mutual consent or any such date
that the Hon. Court deems fit and Order.

2 That in aforesaid regard, at the time of signing the present Conciliated


Agreement, the First Party has got prepared the Petition U/s 13-B(1) of The
Hindu Marriage Act and both the parties shall simultaneously sign and
execute the same at the time of execution of present conciliated agreement.
Thereafter the First Party, after completion of all legal formalities, shall file the
said petition before the Ld. Principal Judge, Family Courts, District: East,
Karkardooma Courts, Delhi within 15 days from the date of signing the
present agreement and shall inform about the listing of the same before court
to the Second Party and both the parties shall ensure their presence on such
date before the concerned court for recording their statement in first motion
and for obtaining divorce by mutual consent.

3 That it has been further agreed that all the belongings including Stridhan of
First Party as per the ANNEXURE-A herein, which is within the custody of the
Second Party, shall be handover by the Second Party to the First Party
against due acknowledgement before the time of First Motion U/s 13-B(1) of
The Hindu Marriage Act. After handing over to the First Party, all the claims
pertaining to Stridhan and other articles shall have deemed as resolved
between the parties and there will be no claim, whatsoever, from either of the
sides with respect to the same.

4 That thereafter in a similar manner, the First Party shall prepare the Petition
U/s 13-B(2) of The Hindu Marriage Act within 15 days of the expiry of statutory
period of six months from the date of institution of first joint petition for divorce
by mutual consent and both the parties shall simultaneously sign and execute
the same in a similar manner and thereafter the First Party, after completion of
all legal formalities, shall file the said petition before the Ld. Principal Judge,
Family Courts, District: East, Karkardooma Courts, Delhi within 15 days from
the date of its signing and shall inform about the listing of the same before
court to the Second Party and both the parties shall ensure their presence on
such date before the concerned court for recording their statement in second
motion for obtaining divorce by mutual consent.

5 That it has also been agreed that at the time of signing and execution of
petition U/s 13-B(2) of The Hindu Marriage Act, the First Party shall also
forward a letter, to the concerned office(s) i.e Employer of the Second Party,
MEA (Indian Embassy-Paris), France Embassy wherein the complaints were
made by First Party against the Second Party thereby bringing into notice to
the concerned office(s) of the Second Party that the disputes amongst the
parties have been resolved/settled by way of present conciliated agreement ,
the First Party shall withdraw her allegations raised by her against the Second
Party.
6 That all disputes with respect to all her claims towards cost of maintenance
(past, present and all future) and also towards all other claims that the First
Party that include claims with respect to Stridhan, alimony, gifts, expenditure,
inheritance or any other claim whatsoever that the First Party may claim
against the Second Party and his family/relatives have been amicably
resolved and settled. The First Party shall not raise any claim against the
Second Party on the said accounts after signing the Conciliated Agreement.

7 That the parties also agreed that on compliance of the terms agreed herein
above, both the parties and their relatives and their co-relatives, directly or
indirectly, will never claim any right on property (both movable or immovable,
self-acquired or in-heritage) from each other after signing the Conciliated
Agreement.

8 That it has also been agreed that after recording of statements of parties in
the second motion and after passing of decree of divorce by mutual consent,
the Second Party shall file the quashing petition before Honble Delhi High
Court for quashing of above mentioned FIR and the First Party shall further
co-operate in the process of quashing of said the FIR and make necessary
statement or affidavit, if required. However, the expenses incurred in the
quashing of aforesaid FIR shall be borne by both the parties respectively.

9 That the parties agree that they will not initiate any proceedings of any nature
against each other and/ or against any and all of their family members, as
their matrimonial relationship no more survives nor shall they raise any claims
against each other and/ or against any and all of their family members with
respect to any and all movable or immovable properties belonging to either
parties and/ or any and all of their family members in any court of law/
authority.

10 That the First Party and Second Party agree that they will not encroach upon
or interfere with the personal, social or otherwise life of each other and/ or any
and all of their family members.
11 That the First Party and Second Party agreed to bear their respective costs of
litigation(s) and shall not claim the same or part of the costs incurred from
each other.

12 That after execution of present agreement all the allegations leveled by the
parties against each other shall be considered as withdrawn with immediate
effect and no other issues are left to be settled amongst the parties.

13 That if in case any party commits breach of any term(s) and condition(s) of
present conciliated agreement, in that eventuality, both the parties are at
liberty to take recourse to appropriate remedy as may be available to him/her
in accordance with law.

By signing this Conciliated Agreement, the parties hereto state that they have
no further claims or demands against each other and all their disputes and
differences have amicably been settled through the process of Conciliation.

The parties hereto confirm and declare that they have voluntarily and of their own
free will arrived at this Conciliated Agreement in the presence of the Conciliator, the
First Party parents, counsel and Second Party as Party in Person.

Both the parties agree to follow the terms set out hereinabove in its true letter and
spirit and not to dispute the same hereinafter in future.

PARTIES SIGNATURES

COUNSEL SIGNATURES
ADVOCATE & CONCILIATOR