IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY

COURTS, NOIDA, UTTAR PRADESH

H.M.A. NO…….. /20XX

IN THE MATTER OF:-

XXXXXXXXXX                                                                             … PETITIONER

VERSUS

XXXXXXXXXX                                                                      …RESPONDENT

P.S:-

I N D E X

NOIDA                                                                                             PETITIONER

DATED                                                          THROUGH

COUNSEL
       XXXXXXXXXXX

                                                                                               Address: XXXXXXXXXXX

                                       M- XXXXXX,

                                      Email- XXXXXXX

IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY

COURTS, NOIDA, UTTAR PRADESH

H.M.A. NO…….. /20XX

IN THE MATTER OF:

XXXXXX                                                                            … PETITIONER

VERSUS

XXXXXX                                                                           …RESPONDENT

P.S:-

MEMO OF PARTIES

Sh. XXXX

S/o Sh. XXXX

R/o XXXXXX

e-Mail-XXXXXX                                    …….PETITIONER

Versus

Ms. XXXXX

D/o Sh. XXXXX

R/o XXXXXX

Also at:-XXXX

XXXXXXX

e-Mail- XXXXXXX                      ……RESPONDENT                                                                 

NOIDA                                                                                             PETITIONER

DATED                                                          THROUGH

COUNSEL

                       XXXXXX

                                          ADDRESS: XXXXXXX

    M-XXXXX ,Email- XXXXXXX

IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY

COURTS, NOIDA, UTTAR PRADESH

H.M.A. NO…….. /20XX

IN THE MATTER OF:

XXXXXX                                                                      … PETITIONER

                                 VERSUS

XXXXXX                                                                       …RESPONDENT

P.S:

PETITION UNDER SECTION 13(1) (ia) OF THE HINDU MARRIAGE ACT, 1955, AS AMENDED UPTO DATE, FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE

MOST RESPECTFULLY SHOWETH:-

1.      That the petitioner is a law-abiding citizen of India and has full faith in the law administration system. That the marriage between petitioner & respondent was solemnized on XXXXX, according to Hindu rites and customs at XXXXX Hotel, XXXX, XXXX. That the marriage was done in the presence of close family members and friends without any demand or dowry.

The copy of the card and the marriage certificate as annexed herewith as Annexure-1(colly) and Annexure-2.

2.      That the status, age and addresses of the parties before marriage and at the time of filing the present petition were/ are as follows:

AT THE TIME OF MARIAGE

AT THE TIME OF FILING OF PETITION

3.      That right from the inception of marriage and till the time of filing of this petition, the respondent has treated the petitioner with utmost cruelty rendering the marriage liable to be dissolved under Section 13(1)(ia) of Hindu Marriage Act.

4.      That the petitioner and the respondent went to Thailand on their honeymoon but from the day one on the honeymoon, the respondent never allowed to have physical relation to the petitioner and when the petitioner asked the reason for doing all then respondent explained that she did not want the child for at least 5 years and when petitioner said that he is a well qualified guy and knows the benefits of the protection but the respondent was so adamant for her words and state forward said the she would never allow the same and petitioner though that she could be angry with him and tried his level best to make cool, calm to get the exact reason for not allowing the same but she was rigid & denied the physical intimacy and when petitioner tried to make a call to her parents that what kind of thinking, respondent had in her mind then she made hue & cry in the hotel room and the manager, staff all came to the room and asked what happened to them and respondent was abusing to the staff for coming so late in the hotel room and the entire night the scene continued in the hotel and when manager warned the respondent to call the police then she was little bit silent and once the staff went then again she blamed the petitioner that her reputation tarnished in front of the hotel staff and she did not want to stay in the hotel and it was petitioner, who tried his level best to make her comfortable entire night but she was such kind of lady, who had no pity on the petitioner and when petitioner agreed to stay away from her then she was agreed to stay the night in the hotel and in the entire night petitioner through what kind of lady is respondent and why she had done so much of scene in front of the hotel staff and why she did not allow to have physical intimacy as husband and wife and it was the dream of petitioner that when he would plan for honeymoon after marriage, would her foundation for the family life but because of her bad conduct, entire dreams of petitioner vanished.

5.      That on the next day, the respondent asked apology for her conduct and the entire day was perfect for the petitioner, they had the proper breakfast, lunch, dinner & explore the places in the entire day and clicked photographs, made videos for entire day and petitioner forgot the previous night as nightmare but he was wrong, and by approx 11.30pm,  second day of their honeymoon, when petitioner asked to have physical intimacy between them then respondent repeated the same dialogue that she was not at all interested to have physical relation with him and made several excuses for not allowing the petitioner for physical relation and respondent said “MAINE KAL 100 BAAR KAHA HOGA KI MEIN TUMARE SAATH PHYSICAL RELATION NAHI BANA SAKTI HUN, YE MERA AAKHIRI FAISLA HAI AUR CHAHO TO INDIA JAKAR MUJHE TALAK DE DENA LEKIN YE MERA AAKHIRI DECISION HAI” and petitioner could not understand the same and was aware that if he would make pressure upon her then it would adverse impact on the future life of both petitioner and respondent and petitioner compromised there and then in the entire honeymoon, he did not insist for physical intimacy and tried his best to make her happy and did all the things, which were of the choice of respondent.

6.      That after honeymoon, petitioner had so many bitter memories but he neither share the same with his family members not respondent’s family members and tried to move with life but things did not turn workable for petitioner and initially few days after the marriage of petitioner were one of the toughest days and he was not able to concentrate his work and did not sleep properly for days and started sleeping pills but respondent did not care for all the things and she behaved like everything normal.             

7.      That it is submitted that after the marriage petitioner and the respondent resided at a 2 BHK rented property in Hyderabad and the mother of petitioner visited the newly-wed couple in Hyderabad in January 20XX, where a lot of domestic disputes happened between the mother of petitioner and the respondent and the respondent has acted very disrespectfully towards her. She left the mother of the petitioner alone in the house and went to one of her friend’s place in the same society. The respondent spoke ill about petitioner’s mother in front of her friends and said that her mother in law is mad and has got some kind of ghost soul in her. The petitioner was informed about the whole incident by his friend and he rushed back home from his flying duties only to see his mother waiting for him alone and it is highly irresponsible of the respondent to abandon her mother-in-law for such a long time over some petty domestic quarrel. She humiliated the petitioner by speaking ill about his mother in front of their common friends. The incident baffled the mother of the petitioner and left her mentally disturbed as a result of which petitioner took her to a psychiatrist and prescribed her some medicines.

8.      That it is imperative to know that the respondent was not ready to accept the petitioner’s mother from the inception of the marriage and was totally against her living at petitioner’s residence in Hyderabad and the mother of the petitioner came back to Haridwar in Feb 20XX. It is submitted that the respondent also habitually objected petitioner for financially helping his mother.

9.      That the respondent went to her parent’s place (Kanpur) for almost 40 days amid all the fights and domestic riots. It was the discretion of the respondent to leave and stay there for long enough time. The petitioner stayed in Hyderabad and continued his job and after returning from Kanpur, the respondent frequently invited her relatives and friends for lunch, dinner and always treated them with respect and showered them with love and affection while on the other hand she always treated her husband with contempt and condescension and from the initial days of marriage, the respondent developed a hatred towards the petitioner & his parents and she started to treat them as inferior. The petitioner used to be hurt and perturbed but he was hopeful that gradually he would win over her love, respect and affection.

10. That it is submitted that petitioner, respondent and the parents of petitioner went to Australia for 06 days to celebrate their parent’s marriage anniversary, which happens to be on 13^th July. That the respondent mentally harassed the petitioner the whole time and treated him and his parents with utmost cruelty. That the respondent repeatedly objected the petitioner about spending so much money on his parent’s travel, stay and their overall expenditure in Australia and said “SHADI KE ITNE DIN BAAD BHI MUJHE AUSTRLIA NAHI LE JA SAKE AUR APNE MAA BAU JI KI BAAT HUE TO UNKE LIYE PLANNING AUR TICKET SAB HO GAYA, MERE LIYE TUMARE PAAS PAISE NAHI HAIN AUR APNE MAA BAU JI KO DUNIYA GHUMA RAHE HO, TUMARE JAISA NEECH AADMI MAINE NAHI DEKHA” and she was always abusive with the parents of petitioner during entire and whenever the parents gifted her gifts like clothes, sandals etc from the shopping complex then respondent was very happy and thanked to the parents and showed her love towards them but she always taunted the petitioner by saying said that “TUMNE APNE PARENTS PER KHARCHA KYU KIA AUR UNKO YANHA LANE KI KYA JARURAT HAI ANNIVERSARY HI TOH HAI HARIDWAR MEI BHI MANA SAKTYE THE WO MUJHE WHO BILKUL PASSAND NAHI HAI AUR AB MEI TUMKO APNE PASS ANYE NAHI DUNGI AUR KABHI BHI TUMHE  FAMILY KHUSHI NAHI DUNGI”.

11. That the respondent did not even try to establish healthy relations with her in laws but went out of her way to ruin the vacation, which petitioner planned for his parent’s anniversary. That the petitioner being a beloved only son tried to organize a memorable trip for the entire family on an indispensable event but the respondent not only managed to sabotage the whole trip but also strained the relations between the petitioner and his father. It has been submitted that upon returning to Hyderabad from Australia, the petitioner and the respondent had many fights where the respondent claimed that she hates petitioner’s parents because the petitioner financially assisted his parents and she believed that his parents are after his money only.

12. That the petitioner and respondent had their first marriage anniversary in December 20XX and both of them invited their parents and brothers to celebrate the joyous occasion. The petitioner paid for all their tickets and stay in resort. That the respondent during the whole anniversary celebration annoyed the petitioner by comparing her parents to petitioner’s parents and complained about them and said “APNE MAA BAAP KE LIYE AUSTRLIA PLAN KIYA AUR MERE LIYE YE GHATIA RESORT” and she abused the petitioner in front of relatives many times for booking the cheap resort and petitioner could not say anything since all the relatives requested to do such things, which would impact upon the relation between the respondent and them.

13. That it has been submitted that petitioner and the respondent moved to a new location on rent and the respondent called her brother (Mr. XXXX) to the new residence in Hyderabad on January 20XX to search for job as he was unemployed since 20XX. That the brother of the respondent stayed at petitioner’s residence for a month searching for a job and petitioner paid for all his expenses. It has been submitted that respondent’s brother did not find any job and left for Kanpur in February 20XX and the respondent forced the petitioner to pay for his flight tickets. That it is imperative to know that the respondent never had any issue with petitioner financially assisting her parents and brothers but whenever the petitioner tried to financially assist his own parents she objected to it and mentally harassed him and created dramas.

14. That it is pertinent to mention here that respondent from the very beginning of the marriage has prioritized her family over her in-laws and has always frowned upon them. That the respondent forced the petitioner to assist her parents and brother financially but she does not let the petitioner assist his family financially. That the respondent bigoted mindset has strained the relation between petitioner and his family and the respondent claimed that her parents are her top most priority and the parents of petitioner are least important to her so she forced the petitioner to call his parents to help them shift as she did not want to trouble her parents with laborious tasks. That the petitioner and his parents always tried to maintain healthy and peaceful relationships among them so they agreed to her illegitimate demands and came to Hyderabad to help them in relocating and left for Haridwar as soon as they were done.

15. That the respondent frequently harassed the petitioner mentally through fighting and by speaking ill about his family and tortured him but on April 20XX unlike every other time the respondent went overboard and even stooped to physical abuse and she slapped the petitioner and use highly abusive language and said “TU BILKUL CHUTIA HAI AUT CHUTIA RAHEGA, TERE MAA BAAP TERA FAYDA UDHA RAHE HAIN BEBKOOF, KUCH TO SAMJH RAKH”. That such adverse action on behalf of the respondent towards the petitioner caused severe physical, mental, financial and emotional harassment to the petitioner. That the petitioner was petrified by the whole incident so he called his father and told him that he needed divorce from the respondent as he could not tolerate her anymore. That the father of the petitioner agreed and the petitioner booked respondent’s flight tickets to Kanpur the very next day as he was scared and absolutely broken to stay any further with the respondent. The petitioner also informed the respondent’s parents about her activities.

16. That the respondent’s actions are grave and weighty in nature and constitutes cruelty. The domestic disputes between the petitioner and the respondent are something more serious than ordinary wear and tear of married life. The respondent through her draconian ways have not only harassed the petitioner but have also created a divide in the petitioner’s family and it has been submitted that the petitioner and the respondent did not contact each other for 7 months i.e. from April 20XX to October 20XX and the petitioner’s father tried to ask for mutual divorce from the respondent’s parents but they declined. That the grandmother of the petitioner expired in October 20XX so the respondent went to Haridwar with the petitioner’s family for the rituals. That the respondent’s family and the petitioner’s family convinced the petitioner to give the respondent another try and continue staying together and the Petitioner is a soft-spoken person and is a devoted husband, and has ignored various objectionable acts of the respondent in order to maintain peace and harmony in his married life.

17. That the petitioner took the respondent back to Hyderabad and they stayed there together for 03 months but the history started repeating itself again.  That after the same story, every day fights, quarrels and domestic violence from the respondent’s side, she decided to go back to Kanpur to her parent’s place so that she could have some peace of mind. That the petitioner booked her flights to Kanpur and she flew back. That the parents of the respondent started calling petitioner again and tried to convince him to forgive her again and the respondent started blaming the petitioner’s fufaji and buaji (uncle and aunt) and told the petitioner that they are responsible for separating the petitioner and the respondent. It has been submitted that the respondent claimed that petitioner’s fufaji and buaji are tantric and they do black magic and the petitioner even plummeted to petty and obnoxious tricks and even blamed the dead sister of the petitioner and the respondent started telling the petitioner superstitiously evil and ill stories and the respondent tried brainwashing the petitioner into severing his relations with his fufaji and buaji (uncle and aunt) and stop communicating with them altogether and the respondent even stated that the petitioner’s parents are also captured in black magic and the petitioner’s fufaji and bhuaji (uncle and aunt)  would destroy the whole family as they do not want the respondent’s and petitioner’s lives to be happy and smooth and the respondent and her family stated that something called “UCCHATAN” has been done to the petitioner by his buaji and fufaji (aunt and uncle) and that is the reason why petitioner trying to end his relations with the respondent and her family and the petitioner was even forced by the respondent and her family to consult a priest and do some puja to get rid of black magic and the respondent and her family used such tactics to pressurize and abuse the family of the petitioner and the respondent started quarrelling physically with the petitioner and also abused him physically like slapped so many times and the respondent did all these things to pressurize to petitioner to live separately from his parents otherwise, she also threatened to defame the family of the petitioner and said “TUMHARI BUA OR FUFA JI MUJHE AUR TUMKO MARNA CHATYE HAI TUM UNKE GHER KA KUCH MAT KHAYA KARO WO US MEI KUCH MILA DETE HAI BHT KHTARNAK HAI WO LOG JAB TAK TUM APNI FAMILY SE RISHTA RAKHO GAYE MEI TUMHE APNE PASS NAHI ANE DUNGI AUR NA HI KABHI BABY KARUNGI APNI FAMILY SE RISHTA KHATM KERDO” the copy of email is annexed herewith as Annexure C (Colly) and the respondent is highly narcissistic, bigoted, superstitious and of unsound mind. It is observable from the above mentioned facts that the respondent tried very hard to severe the petitioner’s ties with his families and the respondent harassed and tortured the petitioner emotionally, mentally, physically.

18. That the respondent came back to Hyderabad along with her parents as she got a job as Sales Manager in VLCC, Kukatapally branch Hyderabad and the respondent discussed with the petitioner about the job before coming to Hyderabad to which petitioner asked her to do as she wanted as he never had any objection or restriction on her taking the job and the petitioner and the respondent started living together from the month of July 20XX when the respondent was in Hyderabad along with her parents. It has been submitted that the petitioner took care of all the expenses including rent, food and miscellaneous items for the respondent and her parents but the respondent is a very cunning lady and she coerced the petitioner to fulfill all the illegitimate demands of the respondent and her family and the respondent threatened the petitioner by trying to commit suicide so that he would agree to her demand to abandon his parents and live with the respondent and her parents. It is submitted by the petitioner that because of the constant fear and apprehension of false complaints being filed against him, he suffered mentally for years and this amounts to mental cruelty.

19. That it is actually the respondent who caused the domestic violence on mother of petitioner on several occasions and treated her mother in law with utmost cruelty. That it is important to mention here that respondent and her family used such tactics, pressurized and abused the family of the petitioner and not having any physical relationship with petitioner because she started quarrelling physically with the petitioner and pressurized to petitioner to live separately from his parents and not to have any baby with petitioner otherwise she would defame the petitioner and his family and it is submitted that petitioner and his family members never demanded any kind of dowry from the respondent and her family on the contrary, the petitioner and his family members have agreed to all the legitimate or illegitimate demand of the respondent and the petitioner did their best efforts to keep the family of the respondent happy.

20. That it is also submitted that the petitioner wanted to start family from long time but the respondent would not have intercourse every time when the petitioner would initiate intimacy the respondent would shrug him off and say that he repulsed her and that she did not want him near to her body and used to give excuses by saying absurd reasons.

21. That the petitioner was very much shocked to see such behavior of the respondent as she would not happy with the marriage, she used to quarrel with the petitioner for more bigger and luxurious house. It is submitted that respondent is very brand conscious, quality conscious and never used local brands and products, that the respondent further said that “MUJHE IS 2 ROOM KE GHER MEI NAHI REHNA HAI MUJHE BADA GHER CHAHIYE WHO BHI MERE NAAM SE AGER NAHI DILWAYA TOH BHUL JAO KI TUM KABHI MERE SATH KOIE PHYSICALLY KUCH KER PAOGAYE AUR HAAN BACHA BHI BHUL JAO”.

22. That it is submitted the respondent is highly educated girl, who wanted to have an independent and luxurious life and wanted to follow up her passion and the family of the petitioner always supported the respondent and at no point of time created any kind of hurdle in fact they tried to provide every help and supported to pursue her higher studies and to progress in her life. The copy of salary slip is annexed herewith as Annexure D.

23. That the petitioner number of times tried to explain and make her understand that the petitioner could not afford a new big luxurious house as per her expectation because the same is beyond the capacity of the petitioner but the respondent every now and then used to quarrel and fight with petitioner and used to abuse the family of the petitioner and used to say that “KIS BHIKARI KE CHAKKAR ME PHASE GAI ME”.

24. That it is submitted that respondent never participated in any house hold chores and it is the petitioner himself who used to do all the cleaning and maintaining the house whenever the petitioner expected from respondent to cook food for him, she used to say that “APNI MAA SE JA KAR BANWALE” the respondent further said that she would never cook food for petitioner and even respondent would never allowed him to come close to her body.

25. That it is further submitted that the respondent used to talk her friends and family secretly and hidden manner, usually drink alcohol. It is submitted that respondent almost on daily basis used to ask for the money from the petitioner but whenever he asked her that why she needed this much of money then petitioner used to start creating scene nuisance and abusing the petitioner by threatening that if the Petitioner again dared to ask the respondent this question, she would implicate the petitioner in false and frivolous case of dowry and domestic violence against him and his family.

26. That it is submitted that petitioner did every possible effort to prove his love and affection towards the respondent by supporting and providing her full financial help, provided her separate accommodation as per her demand, live separately from his family and also tried to fulfilled her all demands, which were within his pockets and sometimes out of his pocket and the respondent was not even in the habit of cooking food and the petitioner himself used to cook food for both and it is further submitted that even after buying new villa for respondent of costing of Rs 1.20 crore under the name of respondent and the petitioner tried each and every possible step to have a beautiful and peaceful married life to the respondent but the respondent is not ready to initiate any efforts for her married life and it is submitted that petitioner and respondent always stayed together in rented accommodation and there the respondent often used to abuse, insult and embarrass the petitioner resultant the petitioner suffer from physical and mental trauma.

27. That the respondent never wanted any responsibilities on her shoulder which the petitioner felt very much sorrow, disappointed and shocked that despite fulfilling all the demands of the respondent, she now does not even want to let the petitioner to meet his parents. The petitioner several times tried to make her understand that the petitioner neither his family nor the respondent as they both are equal for him but the respondent was very adamant and not even ready to listen the petitioner.

28. That respondent always gave vague excuses to the petitioner for not having physical relationship or good terms with him or petitioner’s family. The respondent never wanted to consummate the marriage or any love or affection towards petitioner and it is also submitted that the respondent would never allow petitioner for intercourse. The respondent put baseless allegations on petitioner whereas it was respondent who did not want a child with petitioner hence as result would not consummate.

29. That the petitioner lost his job in March 20XX during the lockdown period and the petitioner was able to pay EMI of loan of Rs 80 lacs taken for buying new flat in Hyderabad on demand of the respondent. The respondent’s name is also on the deed and when the petitioner requested her to sell off the property so that petitioner could repay the loan taken from the bank, the respondent did not let that happen because of which even after being unemployed the petitioner was in so much under pressure. This shows crystal clear intentions of respondent, she is only concerned about money. The photograph of the email from bank along with bank statements is annexed herewith as Annexure E(colly).

30. That the petitioner made all the efforts to keep the respondent happy and fulfilled all her desires and wishes to best of his capabilities and means. However, the respondent always remained unsatisfied and rebuffed all his efforts but the respondent and her family members made the lives of the petitioner and his family a living hell on earth, without any fault on their part.

31. That right from the beginning of the marriage, the respondent had started demanded expensive gifts from the petitioner, knowing well the financial crunches of the petitioner. It is submitted that the respondent has a habit of comparing her life to that of the others, which resulted in her asking the petitioner to buy her expensive gifts, cloths, jewelry etc. and she would get furious if her demands were not met.

32. That the respondent habitually conducted herself towards the petitioner with great harshness and cruelty, frequently abusing him in the coarsest and insulting language. Even the respondent did not allow the petitioner to perform the physical relations for long time and whenever the petitioner even tried to touch her she resisted and threatened the petitioner with dire consequences and when petitioner tried to make her understand that to have the physical relations after the marriage, basic thing, but the respondent always thrashed him with not to try the same again in future and the petitioner was denied his rights to have physical relations with his legally wedded wife and it is submitted that when the petitioner tried to talk to her or objected to such a behavior, then the respondent threatened that she would commit suicide and blame the petitioner and his family for the same and the petitioner requested the respondent to mend her ways and show attention to her family, the respondent got furious and threatened the petitioner that she would file various false and frivolous cases against him.

33. That there was no one in the house of the petitioner to give any cause of concern or any sort of disturbance to the respondent and the petitioner’s family members did not stay with them nor had they ever interfered in the marital relations of the petitioner and the respondent but even then, the respondent did not show any courtesy and gesture of respect to reciprocate for the said regard and respect given to her by the petitioner and his family.

34. That during the marriage, the respondent used to pressurize the petitioner to break ties with his family and to block them. It is pertinent to mention here that whenever the petitioner asked the respondent to accompany him to meet his old parents, the respondent always refused and created a scene, and also stopped the petitioner from meeting his own parents. It is needful to mention here that the respondent spent a lot of time with her own parents, however did not want to have any relation with the parents of the petitioner. The copy of emails is annexed herewith as Annexure-F.

35. That petitioner being affectionate husband did all acts for the care of the respondent, however, was always disappointed with the isolated and careless behavior of the Respondent.

36. That the respondent and her parents made the life of the Petitioner a living hell but despite the same the Petitioner tolerated all the atrocities only to save the matrimonial life. The Petitioner made various efforts for reconciliation but all in vain.

37. That it is also important to mention here that the respondent has continuously committed cruelty since beginning of the marriage but the petitioner and his family members have been trying to solve out the problems in the internal corners of the family of the petitioner but the position as emerging out is so bad that now there is no chance of the respondent settling in life with the petitioner. Therefore, the marriage between the petitioner and the respondent has broken down irrevocably with no chances of reconciliation.

38. That the behavior and attitude of the respondent has left a permanent scar to the heart and the mind of the Petitioner. It is submitted that the constant taunts and threats of the respondent have adversely affected the mental health of the Petitioner. It is submitted further that the Petitioner is suffering from depression due to the ill acts of the respondent. It is needful to mention that the petitioner has put in all his heart and soul into making the marriage work and to maintain love peace and harmony in the marital relationship, however the taunts and the constant complaints from the respondent and her family have left a great impact on the petitioner in such as that he has lost his faith in the institution of marriage.

39. That the cause of hopelessness on part of the petitioner and his family members emerges from the facts the respondent and her parents and family members are not scrupulous people and have no scrupulous ideology.

40. That the said marriage failed and turned into nightmare for Petitioner on account of adamant, lack of sensitivity, unjustified conduct and behavior, values, sustained course of abusive and humiliating treatment, discommode by the respondent. Therefore, the Petitioner feels a deep sense of anguish, disappointment, and frustration due to act, attitude and conduct of the respondent.

41. That the Respondent’s hyper anger episode consists of few or all of the following behaviors which varies with the severity of the manic attacks.

·        Shouting and Usage of abusive language

·        Frequent mood swings and constant Irritability

·        In anger she used to throw utensils and bottles on some occasions

·        During the anger episodes of respondent, whenever Respondent tried to calm down the respondent, intensity of manic episodes has increased

·        Very high and unrealistic expectations

·        Not allow to have physical relationship.

1.      That the petitioner and his other family members had never raised any kind of dowry demands from the respondent and her parental family members nor did they commit any act of cruelty against the respondent at any point of time. Instead, they accepted the respondent as she was despite her acts of cruelty and harassment.

42. That the respondent soon after moving back together with the petitioner started fighting again. That the petitioner was tormented by quarrels day in and day out. The respondent never wanted the parents of the petitioner to come over to Hyderabad even for visiting their own son. That the respondent wanted an independent life with the petitioner and her own parents. That the petitioner couldn’t deal with all the fights and harassment so he demanded for a mutual divorce again but the respondent and her parents never agreed to it.

43. It has been stated that the petitioner lost his job in March 2020 as the lockdown started. That the petitioner was somehow managing to live in Hyderabad with the respondent but was suffocating within the relationship.

44. That the respondent was facing pressure from her parents and family for having kids but the relationship between the petitioner and the respondent was strained and they were barely having any physical relationship so the respondent blamed the petitioner of impotency.

45. That in 4 years of marriage the respondent and the petitioner hardly had physical relation only 8-10 times. That the petitioner and the respondent did not have any physical relation since October 20XX as there was no love or affection between them and in 4 years of marriage the respondent and the petitioner hardly had physical relation only 8-10 times.

46.  It is imperative to know that even though petitioner did not want to have any physical relation with the respondent as he no longer had love and affection for the respondent but the respondent falsely accused petitioner of impotency. The petitioner had been harassed mentally, physically, emotionally and financially and therefore he did not wish to conceive a child out of such a toxic marriage. It has been submitted that the respondent tortured and abused the petitioner because of his denial to have a baby and she also falsely blamed the petitioner of impotency in front of her friends and relatives. The respondent starved the petitioner for entire day, she did not let him eat anything for an entire day multiple times. The respondent made petitioners’ life a living hell. That the petitioner was suffering and suffocating with her living under one roof.

47. It is stated that the Petitioner is facing huge difficulties and his family is in very much problem as on one hand due to Covid19 Petitioner lost his job and on the other hand the Respondent instead of providing a supporting shoulder, harassed him and made his life a lot more difficult.

48. That the petitioner and the respondent permanently moved to his father house in Haridwar and left Hyderabad forever. That the respondent tried to initiate amicable relations with the parents of the petitioner but it was just a facade. The respondent soon started complaining and fighting with the petitioner and his parents.

49. That the respondent neither help carry out the daily chores in the house nor behaved respectfully around the parents of the petitioner. It has been stated that the petitioner left Haridwar to appear for some job opportunities on 15^th July and soon after the petitioner left the home the respondent also left the home on 22 July 20XX claiming that she had to visit her home on Raksha bandhan festival and since then the petitioner and the respondent are separated till date.

50. That the respondent is a money minded lady. It is of pertinent importance that the respondent and her parents from the marriage ceremony itself never contributed financially into any of the joint expenditure. It has been submitted that even during the visit of respondents’ parents to Hyderabad the petitioner always paid for their flight tickets and took care of all their expenditure. That even during the visit of the respondents’ brother the petitioner was forced by the respondent to pay for his flight tickets and all other expenses for one month.

51. It is submitted that the respondent has a habit of comparing her life to that of the others, which resulted in her asking the Petitioner to buy her expensive gifts, cloths, jewelry etc. and she would get furious if her demands were not met. That the petitioner has spent more than 20-25 lakhs on the respondents’ jewelry, shopping, and dresses and on all the facilities and amenities.

52. That it is pertinent to note that the respondent always opposed the petitioner when he financially assisted his own parents and always tried to create a divide between petitioner and his family which eventually happened.

53. That the petitioner purchased one flat along with the respondents’ name on it in Hyderabad which is worth Rs. 1.15 Crore for which the petitioner took a loan of Rs. 80 Lakhs from ICICI bank. It has been submitted that the flat is still under dispute. That the petitioner lost his job because of covid-19 lockdown and he was facing a difficult time paying the loan amount so the petitioner decided to sell the flat to close the loan account. That the respondent was very well aware of the financial crunch that the petitioner was facing but she is still not willing to take off her name and therefore the petitioner is unable to sell the flat. That the builder and bank have send numerous emails and telephonic communication to take the possession of the flat but the petitioner is left totally helpless. That the respondent in an e-mail stated that “I hereby declare that I will definitely have objection if ownership rights will be changed in the above mentioned flat Unit-9335, Prestige High Fields, Backside of Continental Hospital, Nanakramguda, Hyderabad, Telangana 500032”.

54. That the respondent and her family are money driven and have been using the petitioner for financial benefits and as a result they are not willing to accept mutual divorce.

55. That the respondent have been very cruel to the petitioner and her family have been exploiting the petitioner financially, mentally and emotionally.

56. That the petitioner made all the efforts to keep the respondent happy and fulfilled all her desires and wishes to best of his capabilities and means. However, the respondent always remained unsatisfied and forced the petitioner to abandon his family and live with the respondent and her family. The respondent and her family members made the lives of the Petitioner and his family a living hell on earth.

57. That the Respondent is a short-tempered lady and is mentally unstable, and on several occasions had lost her cool on petty issues and yelled at the Petitioner in front of family, friends, in laws. It is submitted that the Respondent has also ridiculed the Petitioner in front of his friends and colleagues. That the respondent blackmailed the petitioner that she will tell his friends that he is impotent if he does not abide by her illegitimate wishes. That it is pertinent to mention herein that the respondent being a very short-tempered person, whenever she got angry, she had no decency of words and language that she used. The worst thing is that even after she cooled down, she never felt sorry for her words and deeds.

58. The petitioner tried to adjust during his entire matrimonial life. He did all acts/requests, which made the respondent happy, but the respondent refused to listen to any of his requests. The petitioner could not bear the abusive language uttered by the respondent against him and his family members. Day by day, the respondent developed hatred towards the petitioner and mentally tortured him for petty reasons and kept cursing the petitioner day and night. That the Respondent has the propensity of creating traumatic environment by crying and posing to be very pained and victimized.

59. That, the Petitioner and his family had always tried to uphold the marital tie between the petitioner and the respondent. Shockingly, Respondent had threatened the Petitioner and his wife to commit suicide, if the Petitioner or his family going to suggest anything. However, the Petitioner along with his family put their level best to assist and help the Respondent, unfortunately, everything went in vain. Furthermore, the Respondent continued her arrogant, illicit, rude and cunning behavior to meet her frivolous demands. Notably, the Respondent since the beginning continued to extort as much as possible, and upon denial from the Petitioner, Respondent not only threatened but also abetted to suicide. Unfortunately, the Petitioner and his family left with no other option, then to meet her illicit demands. Moreover, the demands and threat of the Respondent kept on increasing, if the Petitioner fails to meet, Respondent had always targeted to project the Petitioner in false and frivolous cases being a women/wife.

60. That the conduct of the respondent have caused deep anguish, disappointment and frustration in the petitioner and this amounts to mental cruelty.

61. That from the beginning of the marriage the respondent habitually conducted herself towards the petitioner with great harshness and cruelty, frequently abusing him in the coarsest and most insulting language.

62. That the respondent perpetuated the acts of cruelty on several occasions and therefore the petitioner was under the apprehension that it would not be desirable and safe to stay with the petitioner and to continue with their marital relationship. That the wife did not even provide food to the petitioner and his family and threatened to falsely implicate them in case of dowry demand and put the blame on the petitioner and his family.

63. That the petitioner and his other family members had never raised any kind of dowry demands from the respondent and her parental family members nor did they commit any act of cruelty against the respondent at any point of time. Instead, they accepted the respondent as she was despite her acts of cruelty and harassment.

64. It is submitted that when the Petitioner tried to talk to her or objected to such a behavior, then the Respondent threatened that she would commit suicide and blame the Petitioner and his family for the same. It is submitted that when the Petitioner requested the Respondent to mend her ways and show attention to her family, the Respondent got furious and threatened the Petitioner that she would file various false and frivolous cases against him.

65. That the respondent was in the habit of spending lavishly on shopping of branded clothes, cosmetics, handbags and luxury items etc. and used to make demand of money every now and then. When the petitioner requested her that he has very limited income and he cannot effort to such lavish spending by her, upon which the respondent used to curse the petitioner with sarcastic remarks and comments.

66. That it is further pertinent to mention that despite the fact that the petitioner kept on showering love over the Respondent and to give in to her desires of either buying expensive accessories or luxurious goods, there was never an instance where the Respondent volunteered to buy anything for the Petitioner from her own salary nor did she ever contribute towards any household expenditure.

67.  That during the marriage, the Respondent used to pressurize the Petitioner to break ties with his family and to block them. It is pertinent to mention here that whenever the Petitioner asked the Respondent to accompany him to meet his old parents, the Respondent always refused and created a scene, and also stopped the Petitioner from meeting his own parents. It is needful to mention here that the respondent spent a lot of time with her own parents, however did not want to have any relation with the parents of the Petitioner.

68. That Petitioner being affectionate husband did all acts for the care of the Respondent, however, was always disappointed with the isolated behavior of the Respondent.

69. That the respondent and her parents made the life of the Petitioner a living hell but despite the same the Petitioner tolerated all the atrocities only to save the matrimonial life. The Petitioner made various efforts for reconciliation but all in vain.

70. That it is also important to mention here that the respondent has continuously committed cruelty since beginning of the marriage but the petitioner and his family members have been trying to solve out the problems in the internal corners of the family of the petitioner but the position as emerging out is so bad that now there is no chance of the respondent settling in life with the petitioner. Therefore, the marriage between the petitioner and the respondent has broken down irrevocably with no chances of reconciliation.

71. It is submitted that the constant taunts and threats of the respondent have adversely affected the mental health of the Petitioner. It is submitted further that the Petitioner is suffering from depression due to the ill acts of the respondent. It is needful to mention that the petitioner has put in all his heart and soul into making the marriage work and to maintain love peace and harmony in the marital relationship, however the taunts and the constant complaints from the respondent and her family have left a great impact on the petitioner in such as that he has lost his faith in the institution of marriage.

72. That the cause of hopelessness on part of the petitioner and his family members emerges from the fact that the respondent and her parents and family members are not scrupulous people and have no scrupulous ideology.

73. That the said marriage failed and turned into nightmare for Petitioner on account of adamant, lack of sensitivity, unjustified conduct and behavior, values, sustained course of abusive and humiliating treatment, discommode by the respondent. Therefore, the Petitioner feels a deep sense of anguish, disappointment, and frustration due to act, attitude and conduct of the respondent.

74. That petitioner has every apprehension that it is not possible to live with the respondent due to her behavior and acts of cruelty and harassment, hence this petition for divorce, as there is no chance for reconciliation with respondent.

75. That such adverse action on behalf of the Respondent towards the Petitioner caused severe mental, financial and emotional harassment to the Petitioner.

76. That Petitioner despite rude behavior of the Respondent tried to repair his marriage at every step of the way but due to continuous acts of cruelties committed by the Respondent, the Petitioner was not left with any other remedies except to file this Petition

77. That it is pertinent to mention that 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 has caused reasonable apprehension in the mind of the Petitioner that it is not safe for him to continue with the marriage.

78. That in consideration to all the facts and circumstances mentioned above, it is very difficult for the Petitioner to live with the Respondent as not only does the Petitioner fear for his life but the continuation of the marriage for him is detrimental to his honor, reputation and social status and as such, the Petitioner is entitled to the grant of the divorce on the ground of cruelty.

79. That although the list of harassment and acts of cruelty done by Respondent, voluntarily or with the undue support and misguidance of her family members, is very lengthy, yet, a few major acts and incidents of cruelty towards the Petitioner have been mentioned.

80. In view of above-mentioned facts and circumstances and petitioner left with no other alternative. Hence the petitioner is filing the present petition for dissolution of marriage by decree of divorce as the petitioner has no other alternative efficacious remedy.

PRAYER

In view of the submissions made hereinabove, it is therefore respectfully requested that the marriage between the Petitioner and Respondent may kindly be dissolved by the decree of divorce under the provisions of sections 13(1)(ia) of the Hindu Marriage Act, 1995.

Any other/ further order/ direction, as deemed fit and appropriate by this Hon’ble Court, in the facts and circumstances narrated hereinabove, may also be passed.

PETITIONER

VERIFICATION:-

I, the above named Petitioner, do hereby state on solemn affirmation that the contents of the above petition from paras   to     are true and correct to Petitioner’s knowledge and those of paras           to              are believed to be true upon information received by me and last para is the humble prayer to this Hon’ble Court. Verified at Delhi on this         day of June, 20XX.

                                                                                                            PETITIONER

IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY

COURTS, NOIDA, UTTAR PRADESH

H.M.A. NO…….. /20XX

IN THE MATTER OF:

SHREYA SAGAR                                                               … PETITIONER

VERSUS

SHUBHANGI SINHA                                                     …RESPONDENT

S/o Sh. XXXX

R/o XXXXXX

AFFIDAVIT

Affidavit of Sh. XXXX, aged-XX Years S/o XXXX R/o XXX, XXXXXX E-Mail: XXXXXX, I the above-named deponent do hereby solemnly affirm and declare as under:

1)        That the deponent is the petitioner in the present petition and is well conversant with the facts and circumstances of the present petition case and is competent to swear the present affidavit.

2)          That the same has been draft has been drafted by my counsel under my instructions and I have gone through the same and are true and correct to my knowledge and are true and correct and I have understood the same in vernacular also.

DEPONENT

VERIFICATION:

Verified at____ on ____ day of June, 20XX, that the contents of the above affidavit are true and correct to the best of my knowledge and belief. No part of it is false and nothing material has been concealed therefrom.

DEPONENT