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Petition Under section 13(1)a of hindu marriage act | Divorce under Hindu Marriage Act

 

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


Sr. No.

Particulars

Page Nos.

1-

 

 

2-

 

 

3-

 

 

4-

 

 

6-

 

 

7-

 

 

8-

 

 

9

 

 

 

 

 

 

 

 

 

 

 


Dated :                                                                     

 

                                    Through counsel :

 

 


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.


Through counsel :

 

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.

                                                                                 Deponent


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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