Here I will discuss about the modal draft
of petition under section 13 (1) of Hindu Marriage act for dissolution of
marriage by a decree of divorce filed from the side of Wife against husband
on the ground of cruelties, mental and physical
constant torture, harassment and on other grounds as set out in the body of the
petition.
IN THE COURT OF HON’BLE DISTRICT JUDGE, FAMILY COURT_____
Smt. Mamta vs. Manoj
Kumar
Petition Under Section 13(1) (ia) & (ib) of the Hindu Marriage Act, 1955 for Dissolution of Marriage by a decree of Divorce.
INDEX
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Sr. No. |
Particulars |
Page Nos. |
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1- |
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2- |
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3- |
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4- |
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6- |
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7- |
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8- |
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9 |
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Dated :
IN THE COURT OF HON’BLE DISTRICT JUDGE, FAMILY COURT_______
Smt. Mamta
………..Petitioner
VERSUS
Manoj Kumar
………Respondent
Petition Under Section 13(1) (ia) & (ib) of the Hindu Marriage Act, 1955 for Dissolution of Marriage by a decree of Divorce.
RESPECTFULLY SHOWETH
1- That
the petitioner was married with the respondent on 28-01-2008 at Sector 16,
Faridabad according to Hindu rites and ceremonies in the presence of friends,
relatives and family members of both the parties. An affidavit of the
petitioner is enclosed herewith
2- That the status of the parties before the marriage and at the time of filing the present petitioner were/are as under:
|
|
Petitioner |
|
Respondent |
|
|
|
Status |
Residence |
Status |
Residence |
|
Before the marriage |
Hindu unmarried |
House
No. 554, Ward No. X, Gali No. Y, Faridabad. |
Hindu unmarried |
House
No.21, Ground Floor, Sector 55, Ghaziabad Uttar Pradesh |
|
At the time of filing of this
petition |
Married |
-DO- |
Married |
-DO- |
3- That
after the marriage the petitioner and the respondent lived together as husband
and wife and they cohabited with each other at the residence of the respondent.
However, out of the said wed lock of the petitioner and the respondent one son
namely Anuj was born. The said child is residing with the respondent and his
family members.
4- That
although the parents of the petitioner had spent a huge amount of Rs.
5,00,000/- and had given sufficient dowry articles to the respondent and his
family members at the time of solemnization of the marriage of the petitioner
with the respondent but the respondent and his family members were not
satisfied with the dowry articles so given in the marriage of the petitioner.
5- That
after some time of the marriage the petitioner came to know that the respondent
was addicted of taking Afim and Charas and he used to give merciless beatings
to the petitioner. The petitioner came to know that the respondent and his
family members were greedy and dowry seekers and they started pressured the
petitioner to bring the cash amount of Rs. 2,50,000/- and one Car from her
parents for purchasing the house. When the petitioner showed her inability then
the respondent and his family members gave merciless beatings to the petitioner
from time to time.
6- That
due to the heavy doses of Afeem and Charas the respondent became in mad
condition but the respondent and his family members provided the treatment to
the respondent and now his mental condition is like normal person.
7- That
the brothers-in-laws/Jeth namely Raman and Ajay of petitioner were keeping evil
eye over the petitioner and they and they tried to outrage the modest of the
petitioner several times but due to the objections they could not succeed in
their illegal motives. The father in law namely Ombir Singh always taunted
started the petitioner and instigated the respondent against the petitioner and
due to this reason the respondent used to give beatings to the petitioner and
the respondent used to push out the petitioner outside the house and the
petitioner used to remain outside the house whole night hours.
8- That
the petitioner told her parents about the above said acts and conducts of the
respondent and his family members and the parents of the petitioner gave cash
amounts of Rs. 30,000/- to the respondent and his family members two times and
requested them not to harass the petitioner but the respondent and his family
members did not mend their ways and continued attributing cruelties mentally
and physically upon the petitioner from time to time.
9- That
in the month of November, 2013 the respondent and his family members
pressurized the petitioner to bring the cash amount of Rs. 2,50,000/- and one
Car from her parents and when the petitioner showed her inability to bring the
same then the respondent and his family members turned out the petitioner from
her matrimonial house in wearing clothes and since then the petitioner has been
residing at her parental house. The respondent and his family members kept the
minor son and also kept the entire Istridhan dowry articles and ornaments etc.
in their custody.
10- That
the parents of the petitioner convened several Panchayats at the house of the
respondent from time to time but on each and every occasion the respondent and
his family members raised their demand of Rs. 2,50,000/- and one Car and when
the parents of the petitioner showed his inability to give the same then the
respondent and his family members refused to keep and maintain the petitioner
at any cost.
11- That in the month of December, 2015 the
respondent and his family members came to the house of the petitioner and they
raised the demand of Rs. 2,50,000/- and one Car from the parents of the
petitioner and when the parents of the
petitioner told them that the father of the petitioner is having four daughters
and he has to solemnize the marriage of three unmarried daughters and he is
unable to give the same then the respondent and his family members raised
quarrels with the petitioner and her family members and went to Ghaziabad U.P.
12- That
the respondent and his family members have deserted the petitioner by way of
adopting cruelties mentally as well as physically upon the petitioner time to
time for the fulfillment of their illegal demand of dowry articles. The
respondent has deserted the petitioner for the last more than two years. Now the life of the petitioner is not safe with
the respondent because if the petitioner will live any more with the respondent
then the respondent will kill her.
Therefore, the petitioner is entitled for a decree for divorce on
account of cruelties and desertion
13- That
the cause of action to file the present petition accrued in the month of
November, 2013 when the respondent and his family members pressurized the
petitioner to bring the cash amount of Rs. 2,50,000/- and one Car from her
parents and when the petitioner showed her inability to bring the same then the
respondent and his family members turned out the petitioner from her
matrimonial house in wearing clothes. The cause of action also arose on each
and every date when the parents of the petitioner convened the Panchayat but
the respondent and his family members refused to keep and maintain the
petitioner. The cause of action further arose in the month of December, 2015
the respondent and his family members came to the house of the petitioner and
they raised the demand of Rs. 2,50,000/- and one Car from the parents of the
petitioner refused to fulfill their demands then the respondent and his family
members raised quarrels with the petitioner and her family members and went to
Ghaziabad U.P. The cause of action
finally arose on 10-02-2016 when the petitioner realized that the respondent is
not faithful husband and he has deserted the petitioner and the petitioner
decided to dissolve her marriage. Hence this petition.
14- That the parties are Hindus by
religion.
15- That this petition is not being
presented in collusion with the respondent.
16- That there has not been any
unnecessary delay in filing the petition
17- That there is no legal impediment
why the relief should not be granted to the petitioner.
18- That the petitioner has not
condoned the cruelties inflicted upon him by the respondent.
19-
That
the marriage of the petitioner was solemnized at _______and the petitioner is residing within he territorial jurisdiction
of this Hon’ble court hence this Hon’ble court has got the jurisdiction to
entertain and try the present petition.
20- That a fixed court fees has been
affixed on the petition.
Prayer :-
Hence it is, therefore, prayed that
in the interest of justice the marriage between the petitioner and respondent
may kindly be dissolved by passing a decree of divorce in favour of the
petitioner and against the respondent Under as per the provisions of section
13(1) (i-a) & (i-b) of the Hindu marriage Act, 1955 on the grounds of
cruelties, mental and physical constant torture, harassment and on other
grounds as set out in the body of the petition.
Petitioner.
Verification :Verified that the contents of Paras No.1 to 14 of the petition are true and correct to the best of my knowledge and paras No.18 to 20 are true to my belief and on information received and believed to be correct. Verified at ___________
Petitioner.
(Affidavit in support of petition)
IN THE COURT OF HON’BLE DISTRICT JUDGE, FAMILY
COURT_______
Smt. Mamta vs. Manoj Kumar
Petition Under Section 13(1) (ia) & (ib) of the Hindu Marriage Act, 1955 for Dissolution of Marriage by a decree of Divorce.
Affidavit.
I, Smt. Mamta _________________________ do
hereby solemnly affirm and declare as under:-
1- That the petitioner was married with the respondent on 28-01-2008 at Faridabad according to Hindu rites and ceremonies in the presence of friends, relatives and family members of both the parties.
Verification:Verified that the contents of my above affidavit are true to best of my knowledge and belief and nothing has been concealed therein. Verified at on _____________
Deponent
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