IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT; DIST. EAST, KARKARDOOMA COURT, DELHI.

H.M.A. CASE NO. ________ OF 2023.

IN THE MATTER OF :-

XXXXXX         : PETITIONER

VERSUS

XXXXXX         : RESPONDENT

(P.S._______)

                    INDEX                                   

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.

DELHI                                                                PETITIONER

THROUGH

DATED

ADVOCATE

IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT; DIST. EAST, KARKARDOOMA COURT, DELHI.

H.M.A. CASE NO. ________ OF 2023.

IN THE MATTER OF :-

XXXXX                   : PETITIONER

VERSUS

XXXXX                    : RESPONDENT

(P.S._______)

MEMO OF PARTIES

XXXXXXXX            : PETITIONER

VERSUS  

XXXXXXXX             : RESPONDENT

DELHI                                                                 PETITIONER

THROUGH

DATED

ADVOCATE

IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT; DIST. EAST, KARKARDOOMA COURT, DELHI.

H.M.A. CASE NO. ________ OF 2023.

IN THE MATTER OF :-

XXXXXX         : PETITIONER

VERSUS  

XXXXXX         : RESPONDENT

(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 ……………, Delhi, according to the Hindu Customs, Rites and ceremonies on 25.02.2020 and the That the father of the Petitioner has spent out of his budget only to make the IN LAWS happy.

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: -

WIFE / PETITIONER

HUSBAND / RESPONDENT

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 was born out of the said wedlock. Petitioner is currently staying at her parental home.

6.                 That the petitioner and Respondent lived last together in her matrimonial home on ……..2022 she was thrown out by the Respondent and her in laws from her matrimonial house without her belonging and valuables which includes jewellery / istridhan from her matrimonial home.

7.                 That the respondent is husband of the Petitioner. That the marriage between the Petitioner and the respondent was held on 25.02.2020 at ……… Delhi as per Hindu rites and rituals, wherein the cost of the marriage functions and articles was borne by the parents of the Petitioner.

8.                 That the parents and brother of the Petitioner expressed that they would do the marriage as per their financial capacity and will do their best as per their capacity, which was always objected by the respondent and in laws of the Petitioner.

9.                 Subsequently, on adhering to their demands the father and brother of the Petitioner agreed to do marriage function as per the demands of the respondent, where in her family members gave clothes and jewellery to the various relatives of the groom side on the basis of instructions given by her in laws and on their instructions, parents of the Petitioner handed over cash Sagan to their relatives apart from the gold jewellery given to the in laws.

10.             That the Petitioner got married to the respondent Mr. XXXX as per Hindu Rites and ceremonies on DD.MM.YYYY and Petitioner's parents has given almost all the articles as per the demands of the respondent and his family members which includes, jewelry, clothes, accessories, cash, gifts, valuables to them and other house hold articles needless to say that mother of the respondent called the parents of the Petitioner and instructed them to organize marriage in lavish way and Petitioner's parents have organized a function as per their demands and Petitioner's parents tried to give as many items / articles and cash, what they can do as per their means.

11.             That after marriage ceremony, the respondent and his family members gathered at the matrimonial house of the Petitioner, and they called the Petitioner and showed their unhappiness about the dowry articles given in the marriage. The Petitioner tried to justify that her family members has performed the marriage beyond their capacity, and family of the Petitioner have spent the amount of Rs. XX Lakhs out of which they had to borrow cash from their relatives and beyond this family of the Petitioner cannot do more. But respondent and his family members were not satisfied and the respondent with his mother, sister in laws started abusing the Petitioner in filthy language. Due to this act, the Petitioner suffered huge mental and agony.

12.             However, since the inception of the marriage, respondent and his family members specially sister-in-law started taunting the Petitioner by one mean or other and were not satisfied with the dowry articles given by her parents and all the gifts given by family friends, relatives including the jewelery, which have been kept by mother-in-law of the Petitioner and other family members and still she is having the unlawful custody of the Istridhan and all other articles of the Istridhan are still lying with all of them and respondent and his family members are not handing over the same to the Petitioner. A list of articles is annexed along with this complaint mentioning the articles and Istridhan of the Petitioner, which is lying at the matrimonial house. The Petitioner was able to get only limited articles belonging to her.

13.             That the respondent and his family members used to mentally hurt the Petitioner for the demand of dowry and also in the absence of the respondent husband, the mother in law used to pick the quarrel on minor issues.

14.             That Petitioner informed all these incidents to the respondent Mr. XXXX(Husband), then Petitioner was shocked to find that he too is involved in this demand, and Petitioner was told by him that she has to undergo all these things. The respondent was instigated and always the threat of throwing out of the matrimonial house was given if the instructions of the in laws were not followed.

15.             That it was to the utter shock and astonishment of the Petitioner when her husband Mr. XXXX told the Petitioner that they will not provide any kind of financial assistance to the Petitioner, and Petitioner has to bear her own expenses by seeking help from her parents and brother.

16.             That all these mental cruelties committed by the respondent and his family members, have been faced by the Petitioner in order to save her matrimonial life, but respondent and his family members were adamant to break the marriage and throw the Petitioner out of their house.

17.             That be that as it may, however the grave acts of cheating and bisexuality of the respondent came to her knowledge in recent times, which was astonishing and beyond levels of tolerance. To bring some facts on record, it is submitted that respondent moved from India to the United States of America via Abu Dhabi on DDth MM, YYYY, wherein, in Abu Dhabi he quarantined for 14 days. After which, he took a flight to the USA from Abu Dhabi and reached California on DD, MM, YYYY. It is then that Petitioner got to know that respondent has been cheating on Petitioner in marriage, while he was in the United States of America. That his friend in Fresno, California informed to the Petitioner that her husband /respondent is having sexual relations out of the marriage with women as well as men.

18.             That the Petitioner has been informed and have relevant evidence regarding the same, that respondent engaged in sexual relations with a guy name XXXXX and other men.

19.             Also, it is submitted that respondent was chatting and meeting with women through ‘XXXX' dating app in the US. Also, it has come to the knowledge of the Petitioner, that respondent still speaks to his ex-girlfriend named "XXXX" and used to meet her behind Petitioner’s back while being in the marriage. Respondent also went out of Delhi to meet her. Moreover, respondent also called one of the women at his friend's house to stay overnight where they engaged in a sexual relationship onDD, MM, YYYY.

20.             That surprisingly, the respondent did not stop with his illegal acts here, it is pertinent to mention here that respondent even engaged in talks and discussions with many women for getting married and illegally obtaining Green Card in the US, regarding which the Petitioner has all relevant proofs. That, the Petitioner was never informed regarding the same, but the Petitioner was able to get valid evidence regarding the said incident.

21.             Moreover, to mention the criminal antecedents of respondent, to begin with he has two active legal investigations against him in India. One of them is cheating U/s 420 IPC, in which he illegally helped students cheat in exams to get government jobs. Respondent was on the run due to this case and left the country before a lookout notice was released against him in YYYY. Respondent escaped to America in YYYY to hide for months and came back to India in early 2018. His passport history will show that respondent even went to jail for a couple of months in this case. Another legal case on him is "threatening to kill a government employee" in a fight in which his elder brother is also involved. This happened in MM, YYYY. Petitioner was not aware that this man is involved in cases with such gravity.

22.             That eventually on DD, MM, YYYY in light of the above scenario and facts, the Petitioner was forced to leave the matrimonial house, wherein Petitioner took some of her winter clothing, 2 pairs of shoes and her few articles, as well as important documents from the matrimonial home and came to her parents house.

23.             That from the day of the marriage, respondent and his family members made it a point to harass and humiliate the Petitioner on one pretext or the other. Specially, respondent used to mentally torture the Petitioner on day-to-day basis and always instigated the respondent mother-in-law and sister-in-law against the Petitioner. The mother-in-law used to demand for gold items for everyone in the family every time, whenever the Petitioner used to visit her paternal house.

24.             That the respondent and his family members never treated the Petitioner with love and care as is being expected by a newly wedded wife. The Petitioner was left with no option but to bow down to the said demands of the respondent and his family members.

25.             That it is pertinent to mention that Ms. XXXXX (sister in law) used to spend most of her days at the matrimonial house of the Petitioner and made all efforts to instigate the in laws and the respondent against the Petitioner.

26.             That Petitioner has not been given single penny to meet her day-to-day expenses and all the times, Petitioner has to borrow the same from her family, friends and relatives; apart from spending her salary on her day to day needs.

27.             That the life of the Petitioner became hell in her matrimonial house. That it is also important to mention here that respondent and his family members caused lots of physical, mental torture and harassment to the Petitioner. Also they all used to threaten the Petitioner, that all the in laws will attack the paternal house of the Petitioner and by using their contacts respondent and his family members will implicate the family members of the Petitioner in false criminal cases.

28.             That the respondent and his family members used to taunt and humiliate the Petitioner on every occasions and whenever, Petitioner goes outside the house, the respondent and his family members leveled false allegation and Petitioner most humbly submits that, no one from the family of them has ever tried to pacify and advise him about the right way to lead the family, but respondent and his family members were determined to ruin family life and respondent and his family members committed all acts deliberately and intentionally, so that Petitioner could leave the respondent.

29.             That due to vile and abusive behavior of all of respondent and his family members, Petitioner has been subjected to mental cruelty / physically and psychologically. That respondent XXXX refused to support the Petitioner and blamed her and apart from physical cruelties, Petitioner has been subjected to different types of cruelties which is more harmful than of physical cruelties and this have destroyed the peace of mind and grievously hurt the mental feeling of the Petitioner.

30.             That Petitioner is residing separately from the respondent at her parental home and now Petitioner with left no other remedy except to approach before this Hon’ble Court. That Petitioner reserves her right to make additional statement about their conducts and details of other atrocities and cruelties committed by respondent and his family members as and when directed by this Hon’ble Court.

31.             On DD, MM, YYYY and DD, MM, YYYY respondent threatened the Petitioner and her family members by saying "chup chap nipta lo warna result acha nahi hoga", and when father of the Petitioner asked respondent “what you did to my daughter”, respondent replied, "mai to aise he karuga, ab batao kya kroge mera tum, karuga mai to", "mujhey koi nahin rok sakta, mai tinder bhi use krta hu", "vakeel ki fees nahi dene ko hogi tumharey pass", "nipatana ho to 20 din me matter khatam kar duga chup chap", "2 din ka time de raha hu", "20 din me divorce dilwa duga, warna 20 saal tak kuch nahi hoga", "na shaadi karne ki rahegi, na desh se bahar ja sakti hai naukri k liye". Respondent even threatened mother of the Petitioner by saying, "agar marwana padha tumhe to marwa bhi duga". Respondent said that “if you want to solve the matter then we can do the mutual divorce otherwise he will spoil my life, my parents and brother's life”. Respondent even threatened father of the Petitioner saying, "court me ghaseetunga", "ek hi naukri hai ladke ki wo bhi chale jaegi", "main jaat khandaan kahu", "mai tension dunga tumhe", "tum saaton ko lapete me aaoge" preferring to Petitioner, her parents, brother, sister and brother in law, "mai chala raha tha shaadi". Respondent said he will harm Petitioner, throw acid on her and her friend's sister who brought his wrong doings into her notice.

32.             The Petitioner has also been threatened by the respondent XXXX that he will physically assault her and her family members, and implicate her and her family members in false cases, using his approach and contacts.

33.             Since parents of the Petitioner had spent much more in the marriage beyond their capacity and after taking financial assistance from various friends and relatives could not able to cope with the conduct of the respondent and his family members, so her parents tried to save the marriage and didn’t report the matter to police.

34.             That the comprehensive appraisal of the entire matrimonial life span of the Petitioner and the respondent clearly shows that the respondent is guilty of treating the Petitioner with violence that is physically, mentally, economically as well and that is to without any just and reasonable cause which has been unpardonable and unforgiveable and their willful and unjustifiable acts have inflicted severe harassment and agony to the Petitioner. Hence, the petitioner has been forced to filed the Domestic Violence complaint against the respondent and his family members for their unbearable violence before the Ld. M.M. Family Court, Karkardooma Courts, Delhi and same is pending for adjudication.

35.             That the respondent always used to abuse the Petitioner on one pretext or other. That immediately after the marriage the mother in law and sister in law took the jewelery of the Petitioner with an excuse that she will put this all-in home locker and whenever she needs it, she can ask for it.

36.             That the respondent is multiple sources of income and earning around Rs. 1,00,000/- p/m. That the respondent is also having other sources of income i.e FD interest and rental income, and various properties. That in total he is making Two lakhs rupees per month. That on the other hand the Petitioner is working in Delhi and earning only Rs. 50,000/- per month, out of which most of her income is spent on transport and her personal expenses.

37.             That the respondent is having owned properties which has a present value of Rs. 5-7 crores and the same like the respondent is also having a properties in their Village and the address of the same is unknown to Petitioner.

38.             That the Petitioner is the legally wedded wife of the Respondent and thus legally and morally bound to perform his marital obligations towards his wife i.e. Petitioner.

39.             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 committed cruelty and deserted the petitioner without any rhyme or reasons.

40.             That the respondent was never love and affection with the petitioner. Respondent used to pretend that he is in love with the petitioner in order to bring the money from her parental house. The respondent got married with the petitioner just because he was after her money and nothing else.

41.             That the petitioner and his family fully cooperated with the financial condition of the respondent even than making false allegations which shows that respondent wanted to exert pressure upon the petitioner and his family and to harass them to meet their illegal demands.

42.             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.

43.            That for more than a year the petitioner tried to contact the respondent but eventually gave up hope of getting back with the respondent.

44.             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.

45.             That 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. Petitioner is staying at her parental home and Respondent never desired to discharge his duties as a husband. That the aforesaid series of incidents has resulted in the deterioration of the mental health of the Petitioner and has seriously impaired her self-confidence and self esteem.

46.             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 her part. Since the respondent, after their marriage has treated the petitioner with utmost cruelty and has willfully deserted the Petitioner, as detailed in the foregoing paras, therefore the petitioner is entitled to dissolution of marriage by decree of divorce under section 13(1)(ia) of the Hindu Marriage Act, 1955 as amended by marriage laws up to date.

47.             That the petitioner is left with no other remedy but to approach this Honorable Court. Hence this petition.

48.             That there has not been any unnecessary or improper delay in filing this petition.

49.             That there is no legal ground why the relief should not be granted.

50.             That the marriage was solemnized and the parties last resided together within the limits of ordinary original jurisdiction of this Honorable Court. The Petitioner is residing at Mayur Vihar Phase-III, Delhi. Hence this Honorable Court has got the jurisdiction to entertain the petition.

51.             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 under 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 August, 2023.

PETITIONER

IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT; DIST. EAST, KARKARDOOMA COURT, DELHI.

H.M.A. CASE NO. ________ OF 2023.

IN THE MATTER OF :-

XXXXX                   : PETITIONER

VERSUS

XXXXX                    : RESPONDENT

AFFIDAVIT

Affidavit of Mrs. XXXXX, aged about ___ years D/o XXXXX, R/o XXXXX, do affirm and declare as under:-

1.       That the marriage between the Petitioner and the respondent was solemnized according to Hindu Rites and ceremonies on DD.MM.YYYY at 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 MONTH, YYYY.

DEPONENT