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IN THE COURT OF LD. PRINCIPAL
JUDGE, FAMILY COURT; TIS HAZARI COURTS, DELHI.
H.M.A. CASE NO. ________ OF
2022.
---------------- :
PETITIONER
VERSUS
S.NO. PARTICULARS PAGES
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)OF
HINDU MARRIAGE ACT, 1955. SUPPORTING AFFIDAVIT.
3. LIST OF DOCUMENTS.
4. VAKALTNAMA.
ADVOCATE
--------------------
IN THE COURT OF LD. PRINCIPAL
JUDGE, FAMILY COURT; TIS HAZARI COURTS, DELHI.
H.M.A. CASE NO. ________ OF
2022.
------------------------ :
PETITIONER
VERSUS
P.S. ------------
MR. ----------------
S/o Sh.---------------,
R/o ------------------------------------------------------------------------------------------------------------------ :
PETITIONER
VERSUS
MRS. --------------------
D/o ------------------------
IN THE COURT OF LD. PRINCIPAL
JUDGE, FAMILY COURT; TIS HAZARI COURTS, DELHI.
H.M.A. CASE NO. ________ OF
2022.
MR.---------------
S/o ----------------
R/o ------------------------- : PETITIONER
VERSUS
MRS.--------------------------
D/o Sh------------------------
P.S. ------------
A PETITION UNDER SECTION 13
(1)(ia) 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 Hotel Radisson Blue, Dwarka, Delhi, according to the Hindu
Customs, Rites and ceremonies on 25.01.2019 without any exchange of dowry and
it is important to mention here that the petition U/s 9 of HMA is pending
before this Hon’ble Court and the Petitioner has filed the application for
withdrawal of the same and the petitioner shall withdraw the same on or before
17.08.2022.
2.
That petitioner is a law abiding citizen of India and has
always, maintained peace and tranquility, given rapt attention to the discharge
of social, moral obligation and liability in a fair way and up till now there
is not 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
|
Before Marriage
|
Bachelor Hindu
|
……. Years
|
---------------------------------
|
At the time of filing the present petition.
|
Married Hindu
|
……
years
|
-do-
|
|
|
Status
|
Age
|
Place of residence
|
Before Marriage
|
Spinster Hindu
|
…… Years
|
-------------------------
|
At the time of filing the present petition.
|
Married Hindu
|
…… years
|
-do-
|
4.
That the petitioner and respondent were 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. There is no child born out of the said
wedlock. Respondent is currently staying at her parental home and never desired
to discharge her matrimonial duties and the
marriage of the petitioner and respondent was solemnized without any exchange
of dowry and in a low profile manner.
6.
That the petitioner and his wife
lived last together in her matrimonial home till 2019 she left the house of the
petitioner with all her belonging and valuables which also includes jewellery
from her matrimonial home.
7.
That since after the few days of their marriage, the
respondent used to fight with the petitioner by throwing unnecessary tantrums
and mental torture the petitioner by using harsh words on almost every
conversation.
8.
It is submitted that the petitioner was always giving love
and affection to the respondent. While petitioner away, everything in the home
was under her custody and there was no one to stop her and taking the advantage
of this liberty, Respondent went away with all articles.
9.
That the petitioner and the respondent had met each other in
the year 2017 and the relationship which started as casual friend, changed to
lovers and ultimately, they decided to marry each other.
10.
That the childhood friend ---------- had close relationship
with the respondent and both of them were having an affair with each other and
petitioner had met with the respondent at the birth day party of Utkarsh common
friend in May, 2017 and there was just a formal introduction between each other
and thereafter they had met with each other on couple of occasions. ----------
family members got to know about the relationship and they were against the
said relationship, which resulted in breaking of relationship of --------- and
respondent and ---------- felt bad about breaking of relationship, however did
not had courage of going against wishes of his family members and thereby
requested petitioner to console respondent and given her company. The
petitioner met respondent on couple of occasions after the said incident. The
petitioner and the respondent over the period of time and after couple of
meetings became friend with each other and started liking each other’s company.
11.
That the petitioner fell in love with the respondent over the
period of time and petitioner and respondent went to Rajaji National Park for a
day on 14.08.2017 and ckecked out on 15.08.2017. Thereafter, petitioner and
respondent went to VP Resorts --------- together to be with each other and
stayed from 01.10.2017 to 03.10.2017. The respondent’s cousin also came to the
said premises along with his friends. The informant met her cousin but she did
not introduce the petitioner with her cousin and stated that she has come along
with many other friends and they are not alone and the petitioner was shocked
that the respondent was not willing to introduce him to her family members and
she was keeping their relationship a secret from her family and friends.
12.
That the petitioner and the respondent had decided to spend
New Year together at Goa. The petitioner booked flight tickets and hotel
bookings and they celebrated New Year in Goa from 28.12.2017 to 03.01.2018. The
petitioner at Goa in full public glare proposed the respondent and gave her
ring as token of his love. The respondent accepted his proposal.
13.
That the petitioner further asked the respondent, whether she
would be able to inform her family members about their relationship, to which
she said there was no urgency in informing her parents about relationship and
she did not wish to get married any time soon. The petitioner on the other
hand, wanted to get married to the respondent as the mother of the petitioner
was medically unfit and has been suffering from numerous medical problems. The
father of the petitioner was suffering from uncontrolled sugar, pulmonary edema
(a condition caused by excess fluid in the lungs making it difficult to
breathe), coronary artery disease (narrowing or blockage of the coronary
arteries) and various other ailments and mostly confined to bed, wanted
petitioner, being elder son to get married, as she had uncertain future due to
medical complication.
14.
That the petitioner and thus wanted to respondent to marry,
as their relationship could be taken to next stage. The respondent on the other
hand, wanted her complete freedom, did not want to commit in relationship, she
was happy to have relationship with no baggage of commitment, family pressure
and not answerable to anyone and the respondent was staying at Delhi in PG
stating that she was doing some post-graduation, but in fact she was not doing
any post-graduation and doing job at night shift. Respondent on the pretext of
post-graduation, was happy to stay away from her family and clutches of
relationship.
15.
That the respondent used to regularly ask for money from the
petitioner, which was either transferred by the petitioner or requested his
brother to transfer funds to the account of the respondent, which is evident
from the receipt / email for transferring the amount in the bank account of the
respondent by the brother of the petitioner.
16.
That the family members of the petitioner came to know about
his relationship with the respondent and the petitioner was questioned about
his relationship. The petitioner has clearly told his parent that he will marry
the respondent and no one else. The mother of the petitioner, had agreed and
stated that if he is so much in love with her, there is no harm in getting them
married. The parents of the petitioner had agreed for the marriage of the
petitioner and the respondent belong to different caste as the family of the
petitioner is Punjabi by caste and the respondent is Brahmin by caste.
17.
That the petitioner had discussed the issue with the
respondent, who was unwilling to marry him but at the insistence of the
petitioner, she had agreed to discuss the issue with her parents. Thereafter,
the respondent and her mother visited the office of the father of the
petitioner and her mother clearly stated that they do not have much of the
money and thus they could not spend much on marriage. The respondent's mother
further told that they do not have any relations at Delhi who can arrange
things at Delhi, thus entire arrangements have to be made by the parents of the
petitioner.
18.
That the engagement between the petitioner and the respondent took place on
29.10.2018 at Janakpuri and entire arrangement for the engagement ceremony was
made by the petitioner's parents and his family members, there was never any
contribution from the respondent or her family members.
19.
That the petitioner and his family members were happy and
showed their emotions of love and care towards the respondent and her family
members, but on the other hand, the respondent and her family members showed no
enthusiasm and emotions and were sitting in huddle without much cheer or
expression on then faces.
20.
That after engagement, the behavior of the respondent was
completely changed towards the petitioner and she was not. allowing the Petitioner
to spend much of time with her. However, the petitioner was not alerted by all
this change of attitude and only subsequently he has realized that there was
change m her attitude immediately after marriage.
21.
That the petitioner and his parents were so excited about marriage
being first in their family, they took the respondent for shopping, purchased
her lehnga, her bridal makeup, booked for venue of marriage, booked place for
the respondent and her family members to stay, made arrangements for their
guest etc.
22.
That the petitioner and his family members made entire
expenditure towards marriage and the respondent and her family members made
very little contribution towards marriage expenses. As the family of the
respondent had informed the petitioner that they will not be in a position to
manage anything at Delhi so it was the petitioner and his family members who
have to arrange everything.
23.
That the respondent family transferred some amount towards
sharing of expenditure, however when they came to Delhi, they took cash from
the petitioner and his family members for contribution or very little
contribution from the end of respondent or her family members towards marriage.
The respondent had taken some personal loan for marriage and the petitioner had
paid the principal and interest amount towards the repayment of loan.
24.
That the marriage of the petitioner with the respondent was
solemnized as per Hindu rites and ceremonies on 25.01.2019 at Hotel Radisson
Blue, Dwarka, Delhi without, any exchange of dowry. The expenses in the
marriage were borne by the petitioner.
25.
That it is hereby submitted that the father of the petitioner
has paid some amount in cash towards the rest of the payment in the marriage
are being searched by the father of the petitioner and undertakes to file the
same as soon as he finds the same.
26.
That after marriage, the respondent was completely reluctant
from creating any physical relationship with the petitioner, though earlier
they have enjoyed each other company, but now the respondent did not allow the
petitioner to come close to her. The petitioner was not even once allowed to
have any physical relationship with the respondent after marriage.
27.
That the respondent further disrespected the parents of the
petitioner on several occasions and she was never willing to talk to them.
Respondent would sit in her room for long hours without trying to talk to them,
parents of the petitioner treated her like their own daughter and bought things
for which could appease her be it clothes, jewellery, food etc., however the
respondent was least responsive.
28.
That the petitioner also showered all his love and
affections, but the same was reciprocated.
29.
That within few days of marriage, the respondent regularly
picked up fight with the petitioner on each and every point of issue.
Respondent was looking for an opportunity to fight with the petitioner. The
respondent used to raise issue to fight on smallest of the issue and never made
any effort to adjust to family life. The red will always be on her mobile and
used to be awake at night chatting on phone etc.
30.
In the middle of night, the respondent started fighting with
petitioner on meager issues and disturbed peace of the entire family. The
mother of the petitioner was always on medication and any such disturbance
would wake her up and she would not be in a position to sleep any further. The
petitioner made all his effort to persuade the respondent but she on the other
hand, had asked the petitioner that she did not want to reside with the parents
of the petitioner and demanded a separate house for herself. That the
petitioner had told the respondent that he can't leave his parent as both are
suffering various ailments especially the mother of petitioner who was
suffering from uncontrolled sugar, pulmonary edema, coronary artery disease
etc. and need a constant care but the respondent had remained adamant to her
demand.
31.
That the petitioner having left with no other option and for
the sake of his matrimonial life, had agreed the demand of the respondent and
thereafter he along with the respondent arranged the rented accommodation in
Vikas Puri. The rent agreement was prepared in name of both the petitioner as
well as the respondent, at the monthly rent of Rs. 13500/- per month.
32.
That the petitioner and the respondent had shifted to rental
accommodation and started living separately from the father and mother of the
petitioner as per the demand of the respondent.
33.
That even shifting of parties to separate accommodation did
no changed the attitude of the respondent and she kept on fighting with the
petitioner, she was not even once loving, caring and emotional towards the
petitioner.
34.
That so much quarrel and fighting started taking toll over
the petitioner on the petty issue and petitioner started suffering from
depression.
35.
That so much quarrel and fighting started taking toll over
the petitioner on the petty issue and petitioner started suffering from
depression.
36.
That the aforesaid mental condition of the Petitioner was
easily understandable by the respondent but she did not care about the
petitioner at all.
37.
That the petitioner had lack of sleep and he used to be awake
all the time at night, being disturbed by the entire situation. His love for
the respondent was abundant, however he was not getting the same response from
the respondent and that hurted him more.
38.
That one day, the father of the petitioner received a call
from the landlord of the petitioner, who had informed him about the mental
condition of the petitioner.
39.
That the father of the petitioner rushed to the house of the
petitioner and found him in acute state of depression. The petitioner was in
very bad condition and the father of the petitioner took him to hospital for
treatment. On the other hand, the respondent showed no emotion, respect toward
the petitioner and the month of December, 2019 she left the house.
40.
That the respondent while leaving from house took all the
belongings and valuables along with her. The respondent being wife of
petitioner, should have taken care of petitioner, but respondent never showed
any love and respect and when he needed the respondent by her side, she was
nowhere.
41.
That the petitioner wrote numerous messages to respondent and
wanted her to give some response, but the respondent showed no reciprocation
and acted like hard stone. The petitioner shared their photographs of good time
spent together, shared voice messages while crying and begging her to be at his
side, to come back and be with him, but the respondent failed to do so.
42.
That the petitioner sent mail to informant bringing his heart
out and requesting respondent to come back, but the respondent again failed to
respond. As on 27.01.2021, the petitioner sent e-mail to the respondent which
is reproduced herein blow which clearly shows love of the petitioner for the
respondent and his state of mental condition due to respondent leaving his
company without any reason :-
"Turn mujse pyar nhi Karti thi tbi chali Gayi.
Tumhe pta nhi tha ki mai kitna karta hu. Tumne avoid kia muje no reply nothing
kisne brain wash kia tumhara. Life mein Problems Kitne Aati hai, main aane Wala
tha par nhi tumhare jiju ne batmizi se bt ki mere dad se Meri ::;om se Up down
chalte hain par ye nhi chhod do. Main baggage ban gya tha ki yr kya hogya hai
or tumhe pta side effects or withdrawal symptoms hai par nhi tumhe life enjoy
Kami thi right. Socho shaadi ke 6-7 saal health issue hote tumhe toh main chodh
deta bolo. Tumhari mom ne tumharc dad ko chhod diya tha nhi na. Meri mom ko 30
ki age mein heart problem or diabetes hogyi chhodh diya tha mere dad ne. Tumhe
freedom chahiye thi toh bol deti ki liven rahenge no shaaadi . Men galti hai
mene pyr kia . Selfish ho turn or tumhara ex sharma sab selfish. Delhi mein reh
ke b kahi or reh rhi ho PG mein. Reason dena please.
43.
That the petitioner is still madly in love with the
respondent and wants her to be by his side. The respondent has left the
petitioner in December, 2019 without any rhyme and reason and at time when he
was unwell and under depression.
44.
That all the sincere efforts of the petitioner and his family
and friends, to bring the respondent back to matrimonial home to resume her
matrimonial obligations have bore no fruit and the petitioner is being made to
suffer.
45.
That the respondent has thus left the matrimonial home,
withdrawn from the society of the petitioner and deserted the petitioner and
the aforesaid acts of the respondent are without any just or reasonable cause
and without the consent and against the wishes of the petitioner.
46.
That the petitioner thereafter having left with no other
option, was forced to file a petition under Section 9 of the Hindu Marriage
Act, 1956 before the court of Ld. Principal Judge, Family Courts, West
District, Tis Hazari Courts, Delhi.
47.
That when the respondent came to know about the filing of the
aforesaid petition, she thereafter in order to safeguard herself, has lodged
the false and frivolous F.I.R. bearing Crime No.-----/2021 U/s 498A/323/504 of
IPC r/w Section 3 & 4 of Dowry Prohibition Act, with Police Station Rail
Bazar District Kanpur Nagar, against the petitioner and his family members. The
entire F.I.R. is based on assumption and does not say even a single word about
the commission of any offence whatsoever.
48.
That the respondent is the legally wedded wife of the
petitioner and thus legally and morally bound to perform her marital
obligations. It is thus incumbent upon her to fulfill her matrimonial
obligations including cohabiting with the petitioner which obligations she has
miserably failed in discharging without any just or reasonable cause.
49.
That the respondent has also caused various acts of mental
and physical cruelty against the petitioner and his family members and has also
severally damaged his reputation and goodwill.
50.
The respondent further with an intent of her travelling to
new destinations out of India, has forced the petitioner to indulge in numerous
misadventures, which has let the petitioner financially, mentally exhausted and
the petitioner has also suffered immensely his job prospects and options.
51.
That the petitioner has tried to fulfill all the demands of
the respondent, with the sole hope of bring the happiness and togetherness of
family, however the respondent has never bothered for any such issues and has
deserted the petitioner without any rhyme or reasons and the respondent was
never in love with the petitioner. Respondent used to pretend that she is in
love with the petitioner in order to extract money from him. The respondent got
married with the petitioner just because she was after his money and nothing
else and it is also trite to mention here that the petitioner and his family
are the financially quite capable having their own house and a car and as such
there is no need to demand a sum of Rs. 2,00,000/- and a car from the
respondent and her family members.
52.
That the petitioner was suffering from depression due to the
torture and harassment made by the respondent and was under treatment in the
hospital for a long period of time. A true copy of the documents with regard to
the medical treatment of the petitioner and the petitioner and his family fully
cooperated with the financial condition of the respondent even than making
false negations which shows that respondent wanted to exert pressure upon the
petitioner and his family and to harass them to meet their illegal demands.
53.
The marriage of petitioner was never consummated, as the
respondent refused to have relationship and start family. Respondent didn't
allow him to touch her. And even respondent has refused to have any
relationship.
54.
It is submitted that no one from her family, her parents, her
brother and sister, ever visited his home till date, to spend time with them as
part of family. Her family was never keen to build a family-to-family bond.
There was no regular communication except for occasional greetings on
birthday/anniversary etc.
55.
The petitioner had adjusted with her rudeness, reckless
attitude, ill-treatment and harassment all times, because petitioner's family
believes in marriages are made in heaven, secondly petitioner did not want to
trouble and disturb his parents further as already they are spending their life
m very painful circumstances for the reason stated above. Petitioner took up
issue related to her behavior, attitude etc with her family, petitioner was
threatened that petitioner and his parents will be implicated in false cases of
dowry and harassment and will be put behind bars petitioner had stopped
visiting his in-laws place after that.
56.
That during the marriage, neither petitioner nor anyone from
his family had asked anything from respondent /her family as gift/dowry etc.
petitioner was having a good salary, so petitioner never expect and never think
of demanding anything from respondent or her family. It is against the culture
of petitioner family.
57.
That with time the respondent made these fights a routine
affair and subjected the petitioner to a lot of mental agony and stress by
creating a ruckus at their house, which also resulted in the petitioner falling
sick frequently and also damaging his health in every way possible.
58.
That the petitioner being affectionate did ail acts to make
the respondent feel comfortable and loved but in return the respondent just
fought with the petitioner and made him sick because of the fights. That the
respondent refused to help the petitioner with any household work and cribbed
all the time, and also harassed the petitioner for not having enough money to
fulfill the whims and fancies of the respondent. The respondent did not respond
to the love showered by her husband in an ordinary way, rather she complained
about the weak economic condition of the hardworking petitioner and the
respondent started enjoying this inhuman habit of hers to fight and mentally
torture the petitioner, and would get sadistic pleasures out of the sorry
condition of the petitioner, like no mentally stable person would and the
petitioner somehow managed to come out of this trauma given to him by the
respondent and did not tell anyone about this habit of the respondent, not even
his own family members, and also requested the respondent to avoid this kind of
behavior so that the sanctity of marriage could be maintained.
59.
That any sane spouse after getting to know of such dark and
disturbing facts about the intentions of his partner would be mentally
shattered. The petitioner went through the same ordeal and further suffered
great deal of difficulty in thinking straight for a couple of months, In these
two months the petitioner tried to convince
the respondent not to end the marriage, but t respondent always turned a
deaf ear to his requests and fight on petty issues.
60.
That the petitioner having tried everything possible to make the marriage work tried to
find out about the whereabouts
of the respondent. The failure of the respondent to revert back to the Petitioner made him lose all
hope of leading a normal married life and for more than a year the petitioner
tried to contact the respondent but eventually gave up hope of getting back
with the respondent and the respondent had left the matrimonial home on her own
volition as her nefarious demands, transfer the property in the name of the
respondent, etc. had not been met with.
61.
That thereafter, as there was no chance for re-conciliation between the
parties as the Petitioner had categorically expressed her intention to separate
from the Respondent and the respondent and petitioner were Hindu by religion at
the time of solemnization of their marriage and they continue to profess the
same religion till the date of filing the present petition. That after the
marriage, the parties never lived as husband and wife and did not cohabit with
each other. There is no issue out of the said wedlock. That the aforesaid
series of incidents has resulted in the deterioration of the mental health of
the Respondent and has seriously impaired his self-confidence and self esteem.
62.
That it is trite to mention that the conduct and behavior of
the respondent and the circumstances were intentionally created by the
respondent against the petitioner and are such that the respondent has caused
immense mental cruelties, torture and agony to the petitioner without any fault
of his part. The petitioner suffered utmost cruelty and respondent has
willfully deserted the Petitioner, therefore the petitioner is entitled to
dissolution of marriage by decree of divorce under section 13(l)(ia) of the Hindu
Marriage Act, 1955 as amended by marriage laws up to date.
63.
That the petitioner is left with no other remedy but to
approach this Honorable Court. Hence this petition and there has not been any
unnecessary or improper delay in filing this petition and there is no legal
ground why the relief should not be granted.
64.
That the marriage was solemnized at Dwarka, Delhi and the
parties last resided together within the limits of ordinary original
jurisdiction of this Honorable Court. The parties lastly resided together as
husband and wife at Vikas Puri, Delhi. Hence this Hon Tile Court has got the
jurisdiction to entertain the petition.
65.
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 partiesunder Section 13(1)(ia) of
the Hindu Marriage Act, 1955 as amended by marriage laws up to date.
AND
Any other
relief which this Honorable 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
ADVOCATE
-------------------
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 March, 2022.
PETITIONER
IN THE COURT OF LD. PRINCIPAL
JUDGE, FAMILY COURT; TIS HAZARI COURTS, DELHI.
H.M.A. CASE NO. ________ OF
2022.
---------------- :
PETITIONER
VERSUS
AFFIDAVIT
1. That the marriage between
the Petitioner and the respondent was solemnized according to Hindu Rites and
ceremonies on 25.01.2019 at Hotel Radisson Blue, Dwarka, Delhi.
2. That the contents of the
accompanying petition under Section 13(1)(ia) 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 March, 2022.
DEPONENT
