1. The petitioner and the respondent were married according to Hindu rites and ceremonies on 11th July, 2008. The parties were blessed with a son on 11th July, 2009. The parties separated on 08th June, 2010.

2. Dissolution of marriage by mutual consent 2.1 On 17th October, 2011, the parties filed a joint petition, HMA No. 1035/2011 for dissolution of their marriage by mutual consent under Section 13B of the Hindu Marriage Act, 1955 on the following terms:

(i) The respondent shall pay Rs.25,00,000/- to the petitioner in full and final settlement of all her claims in respect of dowry, stridhan articles, maintenance-past, present and future and permanent alimony.

(ii) The petitioner shall handover the custody of minor child the respondent at the time of the joint statement in the second motion and petitioner shall have the visitation rights.

(iii) The petitioner shall withdraw the proceedings pending before the Family Court under Domestic Violence Act; and the complaint filed against respondent with CAW Cell.

(iv) The petitioner shall withdraw the claim petition under Section 125 Cr.P.C. and petition under Section 18 Hindu Adoption and Maintenance Act, 1956.

(v) The parties shall have no right, title, claim or interest against each other.

(vi) The parties undertake not to file any complaint/case/suit against each other or their respective family members before any Court or authority in respect of the matrimonial relations or any other claim arising out of it.

2.2 On 17th October, 2011, the joint statement of the parties was recorded by the District Judge in divorce petition which is reproduced hereunder:-

"We got married on 11.07.2008 at Delhi, according to the Hindu rites and rituals. The petitioner No.1 has placed on record his affidavit Ex P-1 which bears his signatures at point A and B. The petitioner No.2 has placed on record her affidavit Ex.P-2 which bears her signatures at point C and D. The photocopy of the election identity card of petitioner no.1 and petitioner No.2 are Ex P-3 and Ex.P-4 respectively (Originals seen and returned). The marriage was duly consummated and one male child, namely, Master Vaibhav was born from the wedlock on 11.07.2009.

We have been living separately since 08.06.2010 and have not been able to live together since then. There is no possibility of our living together again as husband and wife. We have accordingly decided to dissolve our marriage by mutual consent. Our consent for divorce by mutual consent has not been obtained by force, fraud or undue influence. There is no collusion between us in filing of the present petition.

We both have resolved all our claims/disputes amicably before the Court.

As per the settlement, I (petitioner No.2) have agreed to pay a total sum of Rs.25,00,000/- (Rupees twenty five lacs only) to the petitioner No.1 towards full and final settlement of all her claims in respect of dowry/stridhan articles, maintenance-past, present and future and permanent alimony. Out of the said total sum of Rs.25,00,000/-(Rupees twenty five lacs only), a sum of Rs.12,00,000/-(Rupees twelve lacs only)has already been paid by me (petitioner No.2) to the petitioner No.1 at the time of withdrawal of the petition (sic) under Section 156(3) Cr.P.C. The same amount (Rs.12,00,000/-) shall act as consideration for the first motion of the mutual petition for divorce. The balance amount of Rs.13,00,000/-(Rupees thirteen lacs only) shall be paid by me (petitioner No.2) to the petitioner No.1 at the time of recording of our joint-statement in the second motion.

I (petitioner No.1) undertake that after receipt of the said total sum of Rs.25,00,000/- (Rupees twenty five lacs only) from the petitioner No.2, no claim of any kind whatsoever shall be left against the petitioner No.2 and his family members qua the marriage.

I (petitioner No.2) have already handed over the articles/stridhan of the petitioner No.1 to the petitioner No.1. However, if small articles of the petitioner No.1 remain in the matrimonial home even after today, the petitioner (sic) No.2 shall hand over the same to the petitioner No.1. It is, however, made clear that no article of value remains to be delivered.

I (petitioner No.2) have also handed over the papers with thumb impressions of the petitioner No.1 to the petitioner No.1.

I (petitioner No.1) shall withdraw the proceedings under the Domestic Violence Act and the complaint from the CAW Cell filed against the petitioner No.2 and his family members at the earliest.

I (petitioner No.1) shall also withdraw the petition under Section 125 Cr.P.C and the petition under Section 18 of Hindu Adoption and Maintenance Act filed against the petitioner No.2 before the next date of hearing i.e. 02.11.2011.

It has been agreed between us that the custody of our minor son, namely, Master Vaibhav shall remain with the petitioner No.1/wife till the date of second motion and the petitioner No.2/husband shall have the visitation rights once in a month on any Sunday outside the premises of petitioner No.1 in a public place for 3 to 4 hours within that period. At the time of recording of joint-statement in the second motion, the petitioner No.1/wife shall hand over the custody of the minor son, namely, Master Vaibhav to the petitioner No.2/husband and thereafter, the permanent custody of the minor son, namely, Master Vaibhav shall remain with the petitioner No.2/husband only and the petitioner No.1/wife being the natural mother shall also enjoy the right of visitation accordingly.

We shall have no right, title, claim or interest of any nature whatsoever against each other in the properties in our possession or acquired/obtained in future after the second motion.

We both undertake to abide by the terms and conditions as mentioned in the joint-petition Ex.P-A as well as our joint- statement recorded today in the Court.

We both further undertake to withdraw all the cases/complaints, if any, filed against each other and not to file any complaint/case/suit against each other or our respective family members in future before any Court of law or authority in respect to our matrimonial relations or any other claim arising out of it.

Present petition has been signed and verified by both of us and the same is supported by our affidavits. Contents of the petition are correct. We pray that our petition under Section 13B (1) of the H.M. Act may be allowed."

(Emphasis Supplied) 2.3 On 17th October, 2011, the District Judge allowed the first motion and passed the following order:-

"1. The present petition under Section 13B(1) of the Hindu Marriage Act, 1955 (for short, the Act) has been filed by the Petitioners for the dissolution of their marriage by way of a decree of divorce through mutual consent.

2. Efforts for reconciliation made between the parties proved futile and consequently, a joint-statement of both the parties has been recorded separately.

3. I heard the submissions of ld. Counsel for both the Petitioners and have also perused the material on record.

4. From the averments made in the petition supported by affidavits of both the parties as well as the joint-statement of the parties recorded on oath, it is evident that they were married on 11.07.2008 at Delhi, according to the Hindu rites and rituals. The marriage was duly consummated and one male child, namely, Master Vaibhav was born from the wedlock on 11.07.2009. The Petitioners have been living separately since 08.06.2010 and there has been no cohabitation between them since then. There is no possibility of their living together as husband and wife and the marriage has broken down irretrievably beyond repair. Thus, they have mutually agreed that their marriage may be dissolved.

5. The record, also, reveals that the parties have settled all their claims and disputes amicably in respect of dowry/stridhan articles, maintenance (past, present and future) and permanent alimony before the Court. The Petitioners have undertaken to abide by the terms and conditions as mentioned in the joint- petition Ex. P-A as well as their joint-statement recorded today in the Court.

6. From the joint-statement of the Petitioners, I am satisfied that their consent, for divorce by mutual consent, is free from force, fraud or undue influence and there is no collusion between them in filing the present petition.

7. I am, therefore, satisfied that the requirements of petition under Section 13B(1) of the Act, have been duly satisfied in this case. Hence, the same is allowed.

8. File be consigned to the record room."

(Emphasis supplied) 2.4 On 07th February, 2013, the parties filed the second motion HMA No.83/2013 before the District Judge and the joint statement of the parties was recorded by the District Judge which is reproduced hereunder:-

"We got married at Delhi on 11.07.2008 according to the Hindu rites and ceremonies. The marriage was duly consummated and one male child master Vaibhav was born on 11.07.2009 from the wedlock. We lived together as husband and wife till 08.06.2010 and thereafter, there has been no cohabitation between us after 08.06.2010. We moved a joint petition for dissolution of marriage by mutual consent and our first motion was accepted on 17.10.2011 by this court. Thereafter, also, we have reconsidered our decision. We have failed to stay together as husband & wife and have agreed to dissolve our marriage. We are firm on our decision and accordingly filed the present joint petition Ex.P1 which is supported by our affidavits Ex.P2 and Ex.P3. The affidavit Ex.P2 bears signatures of Petitioner No.1 at points A and B and the affidavit Ex.P3 bears signature of Petitioner No.2 at point C and D. The copy of Voter ID cards of Petitioners No.1 & 2 are respectively Mark-A and Mark-B. We have resolved / settled all our disputes and differences amicably for full and final settlement amount of Rs.25 lacs and on payment of Rs.25 lacs, the petitioner no.1 shall be left with no claim regarding stridhan, dowry articles, permanent alimony, maintenance- past, and future.

As per the settlement, out of the settled amount, I, Petitioner No.2, have already paid Rs.12 lacs to the petitioner no.1 at the time of first motion. I am depositing a sum of Rs.13 lacs today in the court. The Petitioner No.1 shall be entitled to receive the said amount after quashing of FIR No. 95/12 u/s 498A /406/34 IPC PS SPUW&C, Nanakpura, Delhi.

I, Petitioner No.1, undertake to withdraw my petition under the Domestic Violence Act pending in the court of Ms. Vandana, MM, Mahila Court, Rohini Court, Delhi and my contempt petition pending in Hon'ble High Court of Delhi within a month. I undertake to cooperate with the petitioner no.2 in quashing of the said FIR before the Hon'ble High Court of Delhi.

Both the Petitioners have agreed that the custody of the minor child shall remain with Petitioner No.2 and Petitioner No.1 is handing over the custody of the child to the petitioner no.2 today in the court at 2.30 PM. However, the Petitioner No.1 shall have visitation rights to meet the child once a month and additionally as mutually agreed by both the parties.

Both the Petitioners shall have no right, title, claim or interest of any nature whatsoever against each other in the properties in their possession or acquired/obtained in future.

The petitioners shall withdraw all other pending litigations, if any, against each other or their respective family members, if any, forthwith and have also agreed not to file any proceedings against each other in future with respect to the present matrimonial dispute.

There is no force, coercion, undue pressure from any quarter for filing the present petition. There is no collusion between us in filing the present petition. We pray that our petition be allowed."

(Emphasis supplied) 2.5 On 07th February, 2013, the District Judge allowed the second motion and dissolved the marriage by a decree of divorce. The order dated 07 th February, 2013 is reproduced hereunder:

"Petition presented on this 24th Day of January 2013.

This petition coming on this 7th Day of February, 2013 for final disposal before me in the presence of Petitioner No.1 with Sh. Vijay Gupta, Advocate, and Petitioner No.2 with Ms. Vaishali, Advocate.

It is ordered that the marriage between the parties i.e. Petitioner No.1 and Petitioner No.2 is hereby dissolved by a decree of divorce by mutual consent under section 13(B)(2) of the Hindu Marriage Act, 1955 with effect from today.

Given under my hand and the seal of the court on this 7th Day of February 2013."

3. HAM No.2/2012 under Section 18 of the Hindu Adoption and Maintenance Act, 1956 3.1. On 24th January, 2013, both the parties recorded their joint statement before the Family Court, Rohini in HAM No.02/2012 under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 which was disposed of as compromised.

3.2. The joint statement is reproduced hereunder:-

"We have resolved our disputes regarding maintenance and custody of the child amicably. We have now decided to file second motion under Section 13B(2) of the H.M. Act for dissolution of our marriage.

I, Saurabh Sabharwal/Respondent, will deposit a sum of Rs.13 lacs in the shape of Demand Draft favouring Smt. Vibha Gulati/petitioner and the said Draft shall be released to her at the time of quashing of FIR.

I, Vibha Gulati Sabharwal/Petitioner, shall handover the custody of the minor child to Sh. Saurabh Sabharwal at the time of recording of our joint-statement in the second motion.

We shall remain bound by our joint-statement made today. We pray that the present petition be disposed of as compromised."

(Emphasis supplied) 3.3. The order dated 24th January, 2013 is reproduced hereunder:-

"Both the parties have resolved their disputes regarding maintenance and custody of the child amicably and have decided to file second motion for dissolution of their marriage. A joint-statement of the parties to this effect has been recorded separately. The parties shall remain bound by the joint- statement made by them today in the Court.

In view of the submissions made and joint-statement of the parties recorded today, the present petition is disposed of as compromised.

File be consigned to record room."

(Emphasis supplied)

4. Case No.100/2012 under Section 125 Cr.P.C.

4.1. On 24th January, 2013, both the parties recorded their joint statement before the Family Courts, Rohini in Case No.100/2012 under Section 125, Cr.P.C which was disposed of as compromised.

4.2. The joint statement is reproduced hereunder:-

"We have resolved our disputes regarding maintenance and custody of the child amicably. We have now decided to file second motion under Section 13B(2) of the H.M. Act for dissolution of our marriage.

I, Saurabh Sabharwal/Respondent, will deposit a sum of Rs.13 lacs in the shape of Demand Draft favouring Smt. Vibha Gulati/petitioner and the said Draft shall be released to her at the time of quashing of FIR.

I, Vibha Gulati Sabharwal/Petitioner, shall handover the custody of the minor child to Sh. Saurabh Sabharwal at the time of recording of our joint-statement in the second motion.

We shall remain bound by our joint-statement made today. We pray that the present petition be disposed of as compromised."

(Emphasis supplied) 4.3. The order dated 24th January, 2013 passed by the Family Court, Rohini disposing of the petition as comprised is reproduced hereunder:-

"Both the parties have resolved their disputes regarding maintenance and custody of the child amicably and have decided to file second motion for dissolution of their marriage. A joint-statement of the parties to this effect has been recorded separately. The parties shall remain bound by the joint- statement made by them today in the Court.

In view of the submissions made and joint-statement of the parties recorded today, the present petition is disposed of as compromised.

File be consigned to record room."

(Emphasis supplied) th

5. On 04 October, 2014, the respondent issued a notice to the petitioner in which the respondent notified that the petitioner had agreed to contribute for the maintenance of the minor child. The relevant portion of the notice dated 04th October, 2014 is reproduced hereunder:-

Under the instructions and on behalf of my client Dr. Saurabh Sabharwal S/o Shri. suved prakash arya F/o master vaibhav sabharwal R/o A-94, majlis (sic) park, delhi-110033, I hereby serve you with the following legal notice.

1) That my client got mutual consent divorce on 07/02/2013 from the court of Shri kamlesh kumar, Principal Judge, rohini Courts.

2) That as per mutual consent agreement the custody of master vaibhav sabharwal was granted to my client on 07/02/2013.

3) That you addresses mutually agreed to contribute equally for the maintenance of master vaibhav sabharwal s/o Dr saurabh sabharwal who is in the custody of my client.

4) That to the great anguish, my client was shocked that you addresses never bothered about the welfare/development /maintenance of the child and even is not bothered about his future.

5) That my client herein wanted to remind you of your legal, moral and social responsibility of contributing equally for the welfare of the child master vaibhav sabharwal.

6) That the negligent, unfriendly, prejudiced behaviour actions and in actions of you the addresses which are very clear and blatant, as well as breach of promise from trust and reposed confidence as ensued on my client.

7) That you have been regularly defaming my client in professional arena and publically post divorce.

8) Despite of all this my client does not choose going into litigations, only tried to remind you the act of you addresses. I through this notice call upon you to immediately reply for your said activity within a period of 15 days, failing which my client will be constraint to initiate legal proceedings against you in the court of law having competent jurisdiction. In case of litigations all the expenses shall be borne (sic) by you since the litigations would be for the welfare of the child master vaibhav sabharwal."

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