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IN THE COURT XXXX, ADDITIONAL DISTRICT
JUDGE: XXXX COURTS: DELHI
H.M.A. NO. OF 20XX
IN RE -:
SH. XXXX PETITIONER
VERSUS
SMT. XXXX RESPONDENT
EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF PW-1
I,
XXXX aged – XXXX years S/o. Sh. XXXX R/O
XXXX, New Delhi, do hereby solemnly affirm and declare as under-:
MOST RESPECTFULLY SHOWETH-:
1. That
marriage between the deponent & Respondent was solemnized on XXXX at XXXX,
according to Hindu rites, custom and ceremonies.
2. That
the marriage was solemnized in a very simple manner with the presence of 80-90
people from the respondent’s family i.e some relatives from the deponent’s
family and some relatives are from the deponent’s family and few friends of the
deponent were also present and the marriage was solemnized according to Hindu
rites and customs.
3. That
after the marriage deponent and respondent lived and cohabited and consummated
the marriage and the parties had resided together at Delhi, with each other,
out of this wedlock one child has been born to the parties who is at present
about 4 years named Baby XXXX.
4. That after the marriage, deponent
alongwith respondent resided at deponent’s home at Delhi for about 18 months
and during the said period of 18 months, the deponent used to go 5 days in a
week to her parent’s home at XXXX because the respondent is working with PGI XXXX
as Computer Operator and the deponent is working in the same organization prior
to the marriage and during the visits at Delhi deponent came to know certain
new things about the respondent that she is not well and she used to suddenly get
angry without a justified cause with frequent panic, unexplainable phobias with
mental health problem including depression and anxiety in the family and also
experienced the dramatic change in the behavior when the respondent is in the
stress, when the plaintiff asked about all the symptoms then the respondent
alongwith her mother said this happened usually so nothing worry about it.
5. That deponent alongwith his
mother were residing at Delhi with the respondent and the deponent’s mother
presented one saree, gold ring to the respondent but the respondent refused to
accept the gift of the deponent by saying “XXXX”
The respondent put a condition before the deponent that she wanted to stay at XXXX
and she wants to settle at XXXX, the petitioner will have to arrange one
separate house at XXXX at any condition. When the petitioner told the
respondent that he has not enough money to bring these things and assured the
respondent that the above said house would be arranged at XXXX after few years for
the respondent but the respondent clearly refused to accept this of the
respondent and whole night the respondent did not talk properly with the
petitioner and fought with the other family members. Next day again the
respondent misbehaved with the parents of the petitioner and said “XXXX”
by this behavior of the respondent, the entire family was so astonished but
could narrate anything to others, and after so many request by the family
members of the petitioner’s then only the respondent’s conduct became normal
towards the petitioner and other family members and in the house the petitioner
was residing with his parents.
6. That after three or four days of
the marriage, the petitioner and the respondent went to relative (Mama ji) of
the petitioner at Rohini, Delhi while coming from the relative’s (Mama ji)
house, the respondent asked the petitioner to purchase valuable gifts for her
mother, sisters and her brother in law but the petitioner had informed her that
he had not brought adequate funds to purchase something, The respondent became so anxious about her
family members that what they would thought about and so many distressing,
persistent and intrusive thoughts and images are coming, and felt so inferior
with all her relatives and so many other things the respondent shared with the
petitioner as a result the respondent did not behave properly with petitioner.
7. That after their return from
relatives’ (Mama Ji) house the respondent did not talk properly with the
petitioner. The petitioner tried his best to convince the respondent that the
petitioner is Priest (Pujari) at
Delhi in a temple and the petitioner cannot spent lavishly still the petitioner
assured the respondent that the petitioner would make all possible efforts for
the happiness of the respondent. Only after the assurance of the petitioner the
respondent started behaving properly with the petitioner.
9. That respondent’s
attitude towards the petitioner and his other family members remained worst for
the whole day and the respondent said that
she is suffering from headache and wants some rest and at that moment she had
taken out some pills from her purse and taken that pills and gone to sleep and
no cohabitation had taken place between the parties,
from the appearance It appeared to the petitioner and his mother that the
respondent was suffering from some such problem which related to depression.
From that the entire day the petitioner and his mother took great care of the
respondent and showered all love & affection upon the respondent, That
in the morning hours when the respondent woke up, she was offered tea but she
was not behaving properly, however the said matter was ignored being the
lovable bahu of the family in the matrimonial house.
10. That after 4-5 days respondent
went to her parent’s house at XXXX and after two days, the petitioner and his
family came to know that the respondent is admitted in the hospital and
seriously ill there with the problem of some psychiatry problem, because the
doctor of the hospital found some activity which is not in normal person and
she always fainted during the hospitalization. The respondent got all these information
from the relatives of the respondent. The petitioner stayed the complete day
and night for taking care of the petitioner, because of this incident the
petitioner was so much worried that he
could not have his meal for the complete day, and from there the respondent was
diagnosed with Dissociate disorder.
11. That the entire day the
petitioner gave the best possible way to keep the respondent happy but the
petitioner could not enjoy all marital bliss for a long time and his marriage
with the respondent very soon ran into rough weather because of the behavior of
the respondent. The respondent started to harass the petitioner on one pretext
or the other. The respondent started compelling the petitioner that the
petitioner should leave the job of priest (Pujari) and starts his own business
as the respondent fells humiliated among her friends and relatives when the
respondent tells them that her husband is Pujari in a temple. Due to continuous
pressure of the respondent, the petitioner assured the respondent that he would
do his own business. Even then there was
no change in the attitude of the respondent. The respondent used to pick up
quarrels with the petitioner, his mother. Not only this the respondent started
insulting the petitioner and mother in the presence of their relatives and
friends, though, the petitioner discharged all his obligations as husband.
12. That the relatives of the
respondent came to meet the petitioner and the respondent. The petitioner and
his mother gave some clothes as gift to the respondents. After seeing the gifts
the respondent became very furious and started shouting at the petitioner and
his mother in the presence of their relatives. The respondent threw the gifts
and insulted the petitioner and his parents by saying that “ XXXX” Thus the respondent humiliated
the petitioner and mother in the presence of their relatives, and the
respondent fainted on the earth after all this in front of the relatives, and
after this incident & insult in front of the relatives the mother of the
petitioner went to native place of the petitioner at Village-XXXX, and all this
done by the respondent in one month and the mother of the petitioner was very
much sad about this fact.
13. That the respondent use to leave
the matrimonial home and used to spend hours in the temples and ashrams without
intimation to the petitioner at Delhi whenever the respondent used to come to
Delhi, the petitioner used to bring her back with great persuasion and
difficulty and this became regular feature of the respondent in very less time,
as she was not normal in her behavior.
14. That one day on XXXX in the
morning the respondent went to her parental home as on XXXX is the birthday
date of the respondent and when the respondent did not return back on XXXX to
celebrate her birthday with petitioner to her then the petitioner went to the
parental home of the respondent at XXXX and requested the respondent to return
back to her matrimonial house. After so many requests the respondent was ready
to come with the petitioner on XXXX and the petitioner along with respondent
came to the home and after coming to the home she was so furious in every
things & the petitioner realized that respondent has absolutely changed in
her behavior and became so much restless in her demand that cannot explain, The
petitioner also requested the mother of the respondent through phone to give
proper advice to the respondent but she also favoured the respondent. The
respondent told the petitioner that in case the petitioner leaves
15. That the petitioner repeatedly
requested the respondent to shift from XXXX to Delhi because the petitioner is
suffering loss in everything as the petitioner is not able to attend properly
to his Puja Path while living in such a environment where the respondent was
not giving a single day for peace and the every day the respondent gave abuses
to the parents of the petitioner.
16. That with the passage of time,
the behaviour of the respondent towards the petitioner became from bad to
worse. One day in the morning hours, the respondent felt severe headache so she
telephoned to her mother and whispered something and after some time a
telephone was received by the petitioner from respondent’s mother that since
she is having a severe headache, two tablets in the name of OLEANZ 5 Mg and NEXITO
10 Mg, available in her purse may please be given to her and she will be all
right. Even the offer of the petitioner
to take the respondent to the Doctor if the need be was declined forcefully and
it was informed that the said medicines will make her all right, after taking
the said medicines, she had again gone for sleep and in the evening she woke up
and now I am all right, after being amazed with the attitude and behavior with
the respondent, her mother was called and discussed and she admitted that the
respondent is suffering from Depression and at times she is having severe
attack of depression etc. and she is under medication.
17. That being disturbed with the
attitude and behavior of the respondent, the petitioner had discussed the
matter with respondent’s mother and also informed them about the said tablets,
whereas it was informed that the said medicines are being given to the patients
suffering from Schizophrenia (a medical term), since she was suffering from
depression as such she was medically treated and the medicines in the name of
RIVOTRIL 0.5 MG, OLEANS 5 mg and NEXITO 10 mg were being given for about 15
days to cure the diseases and at this juncture the petitioner had requested that is why the said matter was
not informed to the petitioner before
marriage or at the time of marriage whereas he informed that she did not find
the matter much important as such she did not informed and further informed to
leave the respondent at the parents house and will be taken back later on.
18. That on XXXX Sunday the
petitioner invited his close friends for dinner. When the said dinner was going
on, the respondent started shouting at the petitioner by saying “XXXX”. Thus the petitioner created an ugly scene in
the said dinner and humiliated the petitioner and his close friends in the presence
of everybody and said “XXXX”,
however since the respondent was not ready to cook food etc. as such the mother
of the petitioner had to work though it was the duty of the respondent.
22. That the respondent never took care of the
petitioner and the petitioner had to make food for getting breakfast, lunch and
dinner. Whenever the petitioner tries to persuade the respondent that after the
marriage, it is the duty of the wife to look after her husband and his family
members, the respondent got annoyed and started threatening the petitioner that
she had close links with some senior police officials, and the respondent would
implicate the petitioner and his family in some false criminal case i.e dowry
cases and said “XXXX”.
19. That for few days, the respondent
lived peacefully with the petitioner but very soon the respondent again started
harassing the petitioner on one pretext or the other. The respondent used to
sleep throughout the day and refused to cook food for the petitioner. Sometimes,
the petitioner used to provide breakfast & dinner to the petitioner and
sometimes the petitioner used to take his breakfast, lunch and dinner outside
from the market.
20. That not only this at about the
petitioner’s uncle came to see the petitioner in his house, the petitioner
requested the respondent to prepare dinner for him but the respondent flatly
refused to prepare dinner for him and asked the petitioner to bring the dinner
from the market. When the petitioner tried to request the respondent that this
is no fair on the part of the respondent. The respondent kept on shouting and
refused to prepare dinner for the uncle of the petitioner. The respondent
openly cried that the petitioner’s relatives had no business to come in the
matrimonial house of the respondent. Seeing the conduct of the respondent
petitioner’s uncle felt greatly humiliated hurt and insulted and left the house
of the petitioner without taking dinner.
21. That on XXXX, few relatives of
the petitioner came to the house of the petitioner then respondent did not
treat them properly nor asked them to sit. When the petitioner requested the
respondent to serve tea etc. to his relatives, the respondent started
quarrelling with the petitioner when the petitioner requested the respondent to
behave properly the respondent became more violent and abused everybody in a
very filthy language. Thereafter, the respondent came in a balcony and started
shouting in a very loud voice and giving impression as if the respondent is
being treated badly by the petitioner and his family members. The respondent
shouted saying that “XXXX”
and due to such kind of hue and cry, with the result many neighbours collected
on the road and with great difficulty the respondent was brought back inside
the room by the petitioner. This was done intentionally by the respondent in
order to lower down the prestige of the petitioner in the eyes of the
neighbours, the respondent abused and went to the extent of raising her hands
on the petitioner in the presence of his friends. The respondent remarked at the petitioner by
saying “XXXX”. Thus the respondent humiliated the petitioner
in the presence of his friend in a very bad manner. Seeing the cruel behavior
of the respondent, the petitioner’s friend left the house of the petitioner
without even taking the water. The
petitioner had to mellow down and this act and conduct on the part of the
respondent caused great mental tension and torture to the petitioner.
22. That after this incident the
respondent left the matrimonial house and threatened the petitioner that she
will not come back. The respondent went to her mother’s house. The petitioner
went to bring back the respondent and brought to the notice of the respondents’
mother the cruel behavior of the respondent but they favored for the respondent
by saying that under the circumstances the respondent was perfectly right. Thereafter
the petitioner tried his best to convince the respondent and made her to
realize that her conduct was absolutely wrong during the past few days and
respondent should not have behaved in the said manner, That due to the requests
of the parents of the petitioner the petitioner had agreed to give one more
chance to the respondent to mend her ways and started living with her, The
respondent realized her mistake and assured the petitioner that in future the
respondent would behave in a proper manner and would not repeat such type of
activities. That after just 1 day the respondent had started showing her true
colours again and the petitioner started feeling cheated as not only the
respondent had started humiliating and torturing the petitioner and again
started raising hands on him every now and then and started treating her as her
servant and using the filthy and abusive language which the petitioner cannot
even dare to write in the petition.
23. That not only this the respondent
started quarreling with the friends, relatives and guests whosoever came to the
house of the petitioner to ask about the welfare of the family. The respondent
went to the extent of telling the relatives of the petitioner that they had no
business to come to her matrimonial house.
This happened so many times in the month of XXXX onwards. The petitioner since not having the proper
atmosphere at home and also have to devote time to the misdeeds of the
respondent, and the entire money as provided by the father of the petitioner in
the demand of the respondent.
24. That on XXXX at about 8.00 a.m
the respondent again started quarrelling with the petitioner and threatened the
petitioner that if the property of the petitioner at his native place is not
transferred in her name or give the entire money after selling the said house,
she would commit suicide and would hold responsible the entire family of the
petitioner for the suicide of the respondent by way of leaving a suicide note.
Not only this respondent called her mother who further threatened to teach
lesson to the entire family of the petitioner, and after few minutes in the
morning at 8.30 AM, the mother of the respondent had telephoned in the morning
and unfortunately the said phone was picked up by the petitioner and after
hello there was a curse “XXXX”
and the phone was disconnected and after about 15 minutes again the phone was
connected and now it was picked up by the respondent and had discussion etc.
and after the discussion it was quite a hell for the petitioner “XXXX” and after that there was nothing for the
petitioner to stay at home and as such the petitioner had left the house
without even having the Breakfast, the entire day the petitioner was quite
tough and even could had his lunch & dinner.
25. That the respondent was
hospitalized in last week of XXXX at PGI XXXX and the petitioner taken care of
the respondent and the respondent gave a birth to the baby girl on XXXX, during
the time of hospitalization of the respondent and her family members humiliated
so much to the petitioner and during the period of hospital the respondent was
quite busy with mobile conversation with somebody and when the petitioner asked
that to whom the respondent was chatting during the entire day, then there was
a big arguments from the respondent’s side with so much of abuses which cannot explain
here and it is also not practically possible to narrate all the abuses in this
petition, and after the heated arguments between petitioner and respondent, the
family members of the respondent abused the petitioner so much and throw him
from the hospital and the petitioner came back to Delhi.
26. That on XXXX after the gap of 5-6
months and after the birth of the child the respondent came to the Delhi and
took her entire jewellery as well as her clothes with the excuse that she was
going to final the bride for her younger brother and went to her mother’s house
at XXXX.
27. That in the same evening the
mother of the respondent threatened the petitioner and his entire family to
implicate in some false dowry case and went to her parents’ house. The respondent and her mother started giving
threats to the petitioner and his parents to implicate the entire family in a
dowry case.
28. That recently on XXXX, the
petitioner got a threatening call from the mobile number XXXX, which says to
eliminate the petitioner, and threatened if the petitioner will interfere with
any of the decision of respondent then the petitioner has to behind the bar
alongwith his family member in the false dowry cases.
29. That the life of the petitioner
became hell due to the cruel and inhuman treatment of the respondent and the
petitioner was being treated as a stranger in the society. Since the respondent
has crossed all the limits of cruelty and mental torture, and separated herself
with the company of petitioner from last 4 years.
30. That the Petitioner now is not in
a position to tolerate further any cruelty and mental torture at the hands of
the respondent and her family members, that all the aforesaid facts clearly
prove that the respondent has treated the petitioner with cruelty and it is
harmful and impossible for the petitioner to live with the respondent.
31. That the petitioner has not
condoned the aforesaid acts of cruelty complained of and there is no
unnecessary or improper delay in filing the petition, the present petition has
not been institute in collusion with the respondent and there is no legal
impediment as to why the relief should not be granted to the petitioner.
32. That the marriage between the
parties was solemnized at XXXX and the petitioner and respondent last resided
at XXXX and the petitioner still resides at XXXX,
hence, this Hon’ble Court has got jurisdiction to try and entertain the present
petition.
That
the requisite Court fee has been affixed on the petition.
It is therefore, most
respectfully prayed that the petition may kindly be allowed and the marriage
between the parties may kindly be dissolved by a decree of divorce on the
ground of cruelty.
It
is prayed accordingly,
Delhi
Dated: Petitioner
Through
Verification:
I,
the above-named petitioner do hereby state on solemn affirmation that the
contents of para 1 to of the above
petition are true and correct to the best of the knowledge of the petitioner
and belief while those of para to are true on legal information received
and believed to be correct. Last para is
prayer to this
Verified at Delhi on this day of XXXX.
Petitioner
IN THE COURT ADDITIONAL DISTRICT JUDGE: KARKARDOOMA COURTS:
DELHI
H.M.A.
NO. OF 20XX
IN RE -:
SH. XXXX PETITIONER
VERSUS
SMT. XXXX RESPONDENT
AFFIDAVIT
I, XXXX aged – years S/o. Sh. XXXX R/O XXXX hereby solemnly affirm and declare as under-:
IN THE COURT ADDITIONAL DISTRICT JUDGE: XXXX
COURTS: DELHI
H.M.A.
NO. OF 20XX
IN THE MATTER OF-:
SH. XXXX PETITIONER
VERSUS
SMT. XXXX RESPONDENT
MEMO OF PARTIES
SH. XXXX
NEW DELHI PETITIONER
VERSUS
SMT. XXXX
W/O. XXXX
D/O XXXX
R/O.
. RESPONDENT
PETITIONER
DATED
PLACE:
THROUGH
