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IN
THE COURT OF XXX, FAMILY COURT; KARKARDOOMA COURTS, DELHI.
H.M.A.
CASE NO. ________ OF 2017.
XXXXX : PETITIONER
VERSUS
S.NO. PARTICULARS PAGES C.F.
1.
MEMO OF PARTIES + C.F.
2.
PETITION FOR DISSOLUTION OF
MARRIAGE BY A DECREE OF DIVORCE A AMENDED BY THE MARRIAGE LAWS (AMENDMENT) ACT,
1976 UNDER SECTION 13(1)(ia) and 13 (1) (ib ) OF HINDU MARRIAGE ACT, 1955.
3.
SUPPORTING AFFIDAVIT.
4.
LIST OF DOCUMENTS.
5.
VAKALTNAMA.
ADVOCATES
IN
THE COURT OF XX , FAMILY COURT; KARKARDOOMA COURTS, DELHI.
H.M.A.
CASE NO. ________ OF 2017.
XXXXXXX : PETITIONER
VERSUS
XXXXXXXX : PETITIONER
VERSUS
XXXXXXXX :
RESPONDENT
ADVOCATES
IN
THE COURT OF XX , FAMILY COURT; TIS KARKARDOOMA COURTS, DELHI.
H.M.A.
CASE NO. ________ OF 2017.
XXXXXX :
PETITIONER
VERSUS
XXXXXX
:
RESPONDENT
A
PETITION UNDER SECTION 13 (1)(ia) & (ib) OF THE HINDU MARRIAGE ACT, 1955 ON
BEHALF OF THE PETITIONER FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE AS
AMENDED BY THE MARRIAGE LAWS (AMENDMENT) ACT 1976.
MOST
RESPECTFULLY SHOWETH :-
1.
That a marriage between the
parties hereto was duly solemnized at Delhi according to the Hindu Customs,
Rites and ceremonies on 05.05.1980 at ……...
2.
That petitioner is a law abiding
citizen of India and always maintain peace and tranquility, given rapt
attention to discharge social, moral obligation and liability in a magnificent
way and up till now there is no any redressal of grievances against the
petitioner at any forum.
3.
That, the status and place of
residence of the parties to the marriage before and at the time of filing the
petition are given below :-
Status Age Place
of Residence
Present
Petition. Hindu Years
………
Status Age Place
of Residence
Before
Marriage Spinster ____ ---------
Hindu Years --------
Present Petition. Hindu Years
………
4. That
the petitioner and respondent was Hindu at the time of solemnization of their
marriage and they continue to profess the same religion till the date of filing
the present petition.
5. That
after the marriage, the parties lived as husband and wife and cohabited with
each other. The petitioner shifted to Delhi in XX . That out of the said
wedlock four children was born namely 1) XXX aged about XX years, 2) XXX aged
about XX years 3) XXX aged about XX years 4) XXX aged about XX years. All
children are living with the respondent at the house of the petitioner and
never desired to discharge her matrimonial duties. That all the sons are
working and drawing a good salary better then petitioner.
6.
That the petitioner’s daughter is
presently pursuing Engineering and is totally dependent upon him for all her
expenses including her college fees.
7. That the petitioner was married to the
respondent on 05.05.1980 in a simple ceremony at Delhi. That marriage between
the parties was a purely arranged marriage and no dowry articles whatsoever
were given or taken or demanded by either parties or their relatives. The
marriage of the Petitioner and Respondent was solemnized in a low profile
manner.
8. That the petitioner and his wife lived
last together at the petitioner’s residence at XXXXXXXXX and now till date the respondent
living with petitioner but separately and in 2015 Respondent deserted the
Petitioner. Further marriage of the petitioner with the respondent is 36 years
old and there was no complaint on behalf of the respondent in those 36 years. It
is further submitted that the said property was purchased by the petitioner in
the name of petitioner on account of natural love and affection.
9. That
the petitioner is working as a Multi Tasking Staff at XXXXXXXX situated at XXXXXXXXXX
and drawing a Salary of Rs.22,182/- per month after making necessary deductions
from his salary.
10. That
later on due to interference of the brother of respondent, relationship between
the petitioner and the respondent became sour. It was the brother of the
respondent who instigated the respondent against the petitioner which
ultimately resulted into the respondent filing the maintenance petition before
the Ld. M.M. Delhi and after making all efforts for reconcile the issue by the
petitioner but respondent not bothered to carry forward for resolving the issue
between the petitioner and respondent hence the petitioner is force to file the
present petition.
11. Immediately
after marriage, respondent’s behavior was very rude for the parents of the
petitioner and she did not help of her mother in law day to day domestic work of
house for which the Petitioner in very discomfortable position.
12. Though
Petitioner somehow managed to come out of this trauma and avoided to share this
habit of the Respondent to any one from his family needless to say Petitioner
requested the Respondent to avoid this kind of behavior so that any sort of
misunderstanding should not come in their married life.
13. But
thereafter she again creating nuisance and cruelty with the petitioner and his
family members and respondent demanding another accommodation separate from the
locality of petitioner parents. After this petitioner’s life was started worse
day by day due to respondent’s brother and parent interfere a-lot in day to day
life of the petitioner and respondent.
14. During
the stay of the respondent at her matrimonial home, Respondent did not respond
to the love and affection given by the parents of the Petitioner, but somehow
Petitioner and his family members kept showering their love upon the
Respondent.
15. That it is pertinent to mention that
despite this fact, the petitioner’s parents gave the respondent all affection
and time to adjust to adapt to the matrimonial house.
16. That it is further submitted that the
respondent’s brother is threatening the petitioner that incase the petitioner
comes to pick her up then he would thrash the petitioner
17. That the petitioner’s family is very much
concerned about the respondent and did all acts for her welfare. That
petitioner being affectionate husband did all acts for the care of the
respondent.
18. That Petitioner despite rude behaviour of
the Respondent tried to make his marriage repaired but due to continuous acts
of cruelties committed by the Respondent and deserting the Petitioner without
any reasons for considerable period, now Petitioner has not left with any other
remedies except to file this Petition.
19. That after marriage
petitioner and his family members, treated, the respondent with great love and
affection. Respondent, for some time, remained obedient to petitioner, but
after some time she started harassing the petitioner by her rough behavior.
20. That
however, the said marriage failed and turned into nightmare for petitioner on
account of adamant, lacks of sensitivity, unjustified conduct and behaviour,
values, sustained course of abusive and humiliating treatment, discommode by
the respondent. Therefore, the petitioner feeling deep anguishes,
disappointment, frustration due to act and attitude and conduct of the
respondent.
21. But
the behavior of the respondent never improved and respondent behavior changed
with family and petitioner doubt some her mental status.
22. That
since solemnization of marriage between the parties, the attitude, conduct and
behaviour of respondent towards the petitioner as well as family members was
indignant and rude, treated the petitioner with all sorts of cruelties to such
an extent that now it is not possible for the petitioner to pull on any further
with the respondent as the same is now blot on the pious name of the
institution of marriage and further detrimental to the health, life and
reputation of the petitioner.
23. That
Respondent started behaving abruptly with Petitioner just after the few days of
their marriage. Respondent gets extremely agitated on any routine item / event,
which any other normal person would not even notice.
Respondent’s
hyper anger episode consists of few or all of the following behaviors which
varies with the severity of the manic attacks
-
Shouting
-
Usage of abusive language
-
Repetitive Suicide threats
-
Suspicion
-
Frequent Mood swings
-
Irritability
-
Locking herself up in the bathroom or room
-
Threaten to exit the matrimonial home
-
Stroking of hands (Respondent broke her glass / plastic bangles a few times)
Bitten her arm to malign his reputation.
- She was wearing accessory bangles.
- In
anger she used to throw utensils and pickle bottles on some occasions.
- She used to blackmail committing suicide.
-
Thumping her chest
-
Threatens to take divorce, claiming that her brother have very influential
lawyer and is well connected politically
-
During the anger episodes of Respondent, whenever Petitioner tried to calm down
the Respondent, intensity of manic episodes has increased
-
Very high and unrealistic expectations
-
Swollen body, Abnormal breathing
-
Faints couple of seconds
-
Vomiting/Nausea
-
Give Threats
-
Taking all things in a negative manner
- Don’t
listen to anyone
24. That
the respondent showed her extreme attachment with her relatives. Respondent was
in day to day contact by phone and making conversation for 2-3 hours daily on
each and every issue with her parents and mostly her brother. They make ill
advice and incite the Respondent against the petitioner and his family members
and in result of which respondent making insult, misbehaving, abusing,
assaulting to the petitioner.
25. That
the petitioner tried his level best for restoration of conjugal life but it is
the respondent who has always created such type of situation and circumstances
that cannot reasonably be asked to be a good conduct but it is the petitioner
who tried to resume his married life. Due to cruel act and attitude of the
respondent, the petitioner is unable to continue life with the respondent. The
behavior of the respondent towards the petitioner causes reasonable
apprehension in the mind of the petitioner that it is not safe for him to
continue his matrimonial relationship with the respondent. It is also submitted
the behavior of the respondent towards the petitioner, causes reasonable
apprehension in the mind of the petitioner that it is not safe for him to
continue his matrimonial relationship with the respondent.
26. That
from the acts and conduct on the part of the respondent, it is clear that
Respondent had buried the institution of marriage forever and it is not
possible for the petitioner to pull on the marriage any further due to said
fraudulent and cruel behavior of the respondent.
27. That
in consideration to all the acts and circumstances mentioned above, it is very
difficult for the petitioner to live with the respondent as the petitioner not
only apprehends danger to his life and liberty but the same is also detrimental
to his honour, reputation and social status and as such, the petitioner is
entitled to the grant of the divorce on the ground of cruelty.
28. That
it is something very strange that the treatment and behavior of the respondent
was also very disrespectful and querulous towards her mother in law. That the
respondent could not see her mother in law eye to eye for the reasons best
known to her.
29. That
the constant ill-treatment of the respondent caused unbearable tension, mental
agony in the mind of the Petitioner /
husband and his mother. That the petitioner was not able to find any solution
to this everlasting problem of unbearable misbehavior and cruelty at the hands
of his wife / respondent.
30. That
although the list of cruelty, harassment, criminal acts done by respondent,
under her illnesses or with the undue support and mis-guidance of her family
members, is very lengthy, yet, a few major acts and incidents of cruelty
towards the petitioner have been mentioned.
31. That
despite inflicting lots of cruelty upon the petitioner, the petitioner tried
his best to have a word with the respondent but due to her aggression and
violent behavior, it seems to be risky if respondent joins back her matrimonial house.
32. Due
to frequent complaints received against the respondent, petitioner was forced
to conduct his contractual obligation on the medical grounds, thereby causing
monetary as well as professional loss to the petitioner, in view of the fact
his contract was of five months about the atrocities of the respondent,
petitioner has to return in two month. Due to this kind of behavior of
respondent, petitioner failed to concentrate on his professional career, or
failed to upgrade his professional qualifications due to mental cruelty caused
by the respondent, petitioner suffered personally, financially as well as
professionally.
33. That
respondent never cared to go ahead with established customs i.e. in both the
Karvachauth occasions, respondent did not kept fast for the petitioner, when
petitioner family requested the respondent to observe customs, then respondent
flatly refused on the ground that she does not believe in these kind of
orthodox customs, respondent never treated the petitioner as her husband and
she did not comply with her matrimonial obligations. That respondent
deliberately left the house as she was not interested in making the marriage
successful. Further respondent’s brother used to interfere in the matrimonial
life of the petitioner and she used to communicate with her brother for long
hours, as respondent was taking much interest in the matrimonial litigation of
her brother and which was also one of the reason that respondent never cared
for her own matrimonial life. That respondent does not have any interest to
join the house of the petitioner.
34. That
the above narrated conduct and attitude of the respondent clearly, evidently
and without any least doubt shows that (i) Respondent has broken all relations
with the Petitioner as she is currently staying at petitioner’s home house at
first floor after taking the Jewellery with her which is lying in her custody
(ii) Respondent is determined to implicate the petitioner and his mother in
false criminal case just to take revenge upon them by hook or crook for the
reason best known to her, (iii) it
further proves that the respondent / wife has a mental & other illnesses
which has resulted all these abrupt behaviors in her. Under these
circumstances, the petitioner is left with no option, except to file the
present divorce petition at least for the safety of his own life and that of
the life of his mother against the apprehended and threatened danger from the
respondent’s end. It is further submitted that the life of the petitioner and
his mother would always be in danger and full of tension if they live with the
respondent in any manner in future.
35. That
it is stated that the acts conducts and behavior of the respondent and the
circumstances intentionally or deliberately perpetrated and / or created by the
respondent on the petitioner and against him are such that Respondent have
caused immense mental torture and agony to the petitioner without any fault on
his part and that to without any rhyme or reason. Since the respondent, after
their marriage has treated the petitioner with utmost cruelty, as detailed in
the foregoing paras, therefore the petitioner is entitled to dissolution of
marriage by decree of divorce under section 13(1)(ia) & (ib) of the Hindu
Marriage Act, 1955 as amended by marriage laws upto date.
36. That
the petitioner has not, in any manner, condoned the cruelty of the respondent.
37. That
now the petitioner has lost his patience and as such is unable to continue with
the said uncertain and unbroken tie. Hence the petitioner is left with no other
remedy but to approach this Hon’ble Court. Hence this petition.
38. That
the petition is not being presented in collusion with the respondent.
39. That
there has not been any unnecessary or improper delay in filing this petition.
40. That
there is no legal ground why the relief should not be granted.
41. That
the petitioner has not in any manner been accessory to or connived at and
condoned the acts complained of.
42. That
the marriage was solemnized and the parties resided together within the limits
of ordinary original jurisdiction of this Hon’ble Court. The parties lastly
resided together as husband and wife at Janak Puri. Hence this Hon’ble Court
has got the jurisdiction to try and entertain the petition.
43. That
the prescribed court fee has been paid and affixed on the petition.
PRAYER :-
It is, therefore, most respectfully prayed
that a decree of divorce be passed dissolving the marriage between the parties.
OR
Any other relief which this Hon’ble Court deems fit and proper
in the circumstances of the case be also granted in favor of the petitioner and
against the respondent.
PETITIONER
DELHI THROUGH
DATED
ADVOCATES
VERIFICATION
:-
The above named petitioner states on solemn
affirmation that the paras No.1 to ____ of the petition are true upon
petitioner’s knowledge and paras ____ to _____ of the petition are true upon
information received and believed to be true. Last para is prayer made to this
Hon’ble Court. Verified at Delhi on this ____ day of April, 2017.
PETITIONER
IN
THE COURT OF XX , FAMILY COURT; KARKARDOOMA COURTS, DELHI.
H.M.A.
CASE NO. ________ OF 2017.
XXXXXX : PETITIONER
VERSUS
XXXXXX : RESPONDENT
A F F I D A V I T
1. That
the marriage between the Petitioner and the respondent was solemnized according
to Hindu Rites and ceremonies on 05.05.1980 at Delhi.
2. That
the contents of the accompanying petition under Section 13 (1)(ia) & (ib)
of the Hindu Marriage Act, has been drafted by my counsel under my
instructions, contents of the same are true and correct to my knowledge and the
same may kindly be read as part and parcel of this affidavit as the contents of
the same are not being repeated herein for the sake of brevity and to avoid
repetition.
3. That
the contents of the accompanying petition with regard to cruelties may also be
read as part hereof which are not being repeated here for the sake of brevity.
4.
That the marriage between the
parties has been completely broken down and there is no possibility of the
parties living together.
5.
That the accompanying petition
has not been filed in collusion with the respondent.
6.
That there is no impediment in
granting the relief to the petitioner.
7.
That there has not been any
improper delay in filing the petition.
8.
That the petitioner has not in
any manner been accessory to or connived at and condoned the acts complained
of.
DEPONENT
VERIFICATION :-
I, the above named deponent, do hereby
verify that the contents of the above affidavit are true and correct to my
knowledge, no part of it is false and nothing material has been concealed
therefrom.
Verified at Delhi on this ___ day of April, 2017.
DEPONENT
