Divorce petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act with supporting affidavit
0 of 46 blanks filled
IN THE COURT OF Designation of the Judge, Family Court, FAMILY COURT, KARKARDOOMA COURTS, DELHI
H.M.A. CASE NO. HMA case number OF Year of filing of the H.M.A. case
IN THE MATTER OF:-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
I N D E X
S.NO.PARTICULARS
1.MEMO OF PARTIES
2.PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE, AS AMENDED BY THE MARRIAGE LAWS (AMENDMENT) ACT, 1976, UNDER SECTIONS 13(1)(ia) AND 13(1)(ib) OF THE HINDU MARRIAGE ACT, 1955
3.SUPPORTING AFFIDAVIT
4.LIST OF DOCUMENTS
5.VAKALATNAMA
DELHIPETITIONER
THROUGH
DATED
ADVOCATES
IN THE COURT OF Designation of the Judge, Family Court, FAMILY COURT, KARKARDOOMA COURTS, DELHI
H.M.A. CASE NO. HMA case number OF Year of filing of the H.M.A. case
IN THE MATTER OF:-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
MEMO OF PARTIES
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
DELHIPETITIONER
THROUGH
DATED
ADVOCATES
IN THE COURT OF Designation of the Judge, Family Court, FAMILY COURT, KARKARDOOMA COURTS, DELHI
H.M.A. CASE NO. HMA case number OF Year of filing of the H.M.A. case
IN THE MATTER OF:-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
A PETITION UNDER SECTIONS 13(1)(ia) AND 13(1)(ib) 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 the marriage between the parties hereto was duly solemnized at Place of marriage on Date of marriage according to Hindu customs, rites and ceremonies.
2.That the Petitioner is a law-abiding citizen of India who has always maintained peace and tranquility and has discharged his social and moral obligations and liabilities in a diligent manner. To date, no grievance or complaint against the Petitioner is pending before any forum.
3.That the status and place of residence of the parties to the marriage, before marriage and at the time of filing the present petition, are as follows:-
H U S B A N D / P E T I T I O N E R
Before MarriageBachelor, Petitioner's age before marriage Years, Hindu, Petitioner's residence before marriage
At the time of filing the present petitionMarried, Petitioner's age at filing Years, Hindu, Petitioner's present residence
W I F E / R E S P O N D E N T
Before MarriageSpinster, Respondent's age before marriage Years, Hindu, Respondent's residence before marriage
At the time of filing the present petitionMarried, Respondent's age at filing Years, Hindu, Respondent's present residence
4.That the Petitioner and the Respondent were both Hindus at the time of the solemnization of their marriage and have continued to profess the same religion up to the date of filing of the present petition.
5.That after the marriage, the parties lived together as husband and wife and cohabited with each other. The Petitioner shifted to Delhi in Year petitioner shifted to Delhi. Out of the said wedlock, four children were born, namely: (1) First child's name, aged about First child's age years; (2) Second child's name, aged about Second child's age years; (3) Third child's name, aged about Third child's age years; and (4) Fourth child's name, aged about Fourth child's age years. All the children are living with the Respondent at the house of the Petitioner, and the Respondent never desired to discharge her matrimonial duties. All the sons are working and drawing a salary better than that of the Petitioner.
6.That the daughter of the Petitioner is presently pursuing her engineering studies and is wholly dependent upon him for all her expenses, including her college fees.
7.That the Petitioner was married to the Respondent on Date of marriage in a simple ceremony at Place of marriage. The marriage between the parties was a purely arranged marriage, solemnized in a low-profile manner, and no dowry articles whatsoever were given, taken, or demanded by either party or their relatives.
8.That the Petitioner and the Respondent last lived together as husband and wife at the residence of the Petitioner situated at Address of last shared matrimonial residence. The Respondent is, till date, living with the Petitioner but separately, and in Year of desertion the Respondent deserted the Petitioner. The marriage between the Petitioner and the Respondent is Duration of marriage in years years old, and during the said period there was no complaint on the part of the Respondent. It is further submitted that the said property was purchased by the Petitioner in his own name out of natural love and affection.
9.That the Petitioner is working as Petitioner's designation at Petitioner's employer name situated at Petitioner's workplace address, and is drawing a salary of Rs. Petitioner's monthly salary/- per month after the necessary deductions.
10.That subsequently, owing to the interference of the brother of the Respondent, the relationship between the Petitioner and the Respondent became strained. It was the brother of the Respondent who instigated the Respondent against the Petitioner, which ultimately resulted in the Respondent filing a maintenance petition before the Ld. M.M., Delhi. Despite all efforts made by the Petitioner to reconcile the matter, the Respondent made no attempt to resolve the differences between the parties, and the Petitioner is therefore constrained to file the present petition.
11.That immediately after the marriage, the behaviour of the Respondent towards the parents of the Petitioner was very rude. She did not assist her mother-in-law in the day-to-day domestic work of the household, which placed the Petitioner in a very uncomfortable position.
12.That the Petitioner somehow managed to come out of this trauma and did not share this habit of the Respondent with anyone in his family. Needless to say, the Petitioner requested the Respondent to refrain from such behaviour so that no misunderstanding should arise in their married life.
13.Thereafter, the Respondent again began creating a nuisance and subjecting the Petitioner and his family members to cruelty, and demanded a separate accommodation away from the locality of the parents of the Petitioner. Thereafter, the life of the Petitioner became progressively worse day by day on account of the repeated interference by the brother and parents of the Respondent in the day-to-day life of the Petitioner and the Respondent.
14.During the stay of the Respondent at her matrimonial home, the Respondent did not respond to the love and affection shown by the parents of the Petitioner; however, the Petitioner and his family members continued to shower their affection upon her.
15.That it is pertinent to mention that, despite the aforesaid conduct, the parents of the Petitioner extended to the Respondent all affection and every opportunity to adjust and adapt to the matrimonial home.
16.That it is further submitted that the brother of the Respondent has been threatening the Petitioner that, in the event the Petitioner comes to take her back, he would assault the Petitioner.
17.That the family of the Petitioner is deeply concerned about the welfare of the Respondent and has done everything possible for her welfare. That the Petitioner, being an affectionate husband, has done everything possible for the care of the Respondent.
18.That the Petitioner, despite the rude behaviour of the Respondent, attempted to repair his marriage; however, on account of the continuous acts of cruelty committed by the Respondent, and her desertion of the Petitioner without any reason for a considerable period, the Petitioner is now left with no other remedy except to file the present petition.
19.That after the marriage, the Petitioner and his family members treated the Respondent with great love and affection. For some time, the Respondent remained obedient towards the Petitioner, but subsequently she began harassing the Petitioner by her rough behaviour.
20.That the said marriage, however, failed and became a nightmare for the petitioner on account of the adamant, insensitive, unjustified conduct and behaviour of the respondent, her sustained course of abusive and humiliating treatment, and the harassment caused by her. The petitioner, therefore, has been left with deep anguish, disappointment and frustration owing to the acts, attitude and conduct of the respondent.
21.That the behaviour of the respondent never improved; her behaviour towards the family and the petitioner changed, and the petitioner suspects her mental condition.
22.That since the solemnization of the marriage between the parties, the attitude, conduct and behaviour of the respondent towards the petitioner as well as his family members has been insolent and rude. She treated the petitioner with cruelties of every kind to such an extent that it is no longer possible for the petitioner to carry on with the respondent, the marriage having become a blot upon the pious institution of marriage and being detrimental to the health, life and reputation of the petitioner.
23.That the respondent began behaving erratically towards the petitioner within a few days of the marriage. The respondent becomes extremely agitated over routine matters or events which any other normal person would not even notice.
An anger episode of the respondent consists of a few or all of the following behaviours, varying with the severity of the episode:
•Shouting;
•Use of abusive language;
•Repeated suicide threats;
•Suspicion;
•Frequent mood swings;
•Irritability;
•Locking herself up in the bathroom or a room;
•Threatening to leave the matrimonial home;
•Self-harm (the respondent broke her glass/plastic bangles on a few occasions and bit her own arm in order to malign the petitioner's reputation) — she wore accessory bangles;
•Throwing utensils and pickle bottles in anger on some occasions;
•Blackmailing the petitioner with threats of committing suicide;
•Thumping her chest;
•Threatening to take divorce, claiming that her brother has a very influential lawyer and is well connected politically;
•Escalation in the intensity of her episodes whenever the petitioner tried to calm her down during such episodes;
•Very high and unrealistic expectations;
•Swollen body and abnormal breathing;
•Fainting for a few seconds;
•Vomiting and nausea;
•Issuing threats;
•Taking everything in a negative manner;
•Refusing to listen to anyone.
24.That the respondent showed extreme attachment to her relatives. She remained in day-to-day telephonic contact with her parents and, mostly, her brother, holding conversations of two to three hours daily on each and every issue. They gave her ill advice and incited her against the petitioner and his family members, as a result of which the respondent insulted, misbehaved with, abused and assaulted the petitioner.
25.That the petitioner tried his level best to restore the conjugal life, but it is the respondent who has always created situations and circumstances which cannot reasonably be described as good conduct, whereas it is the petitioner who made efforts to resume the married life. Owing to the cruel acts and attitude of the respondent, the petitioner is unable to continue life with her. The behaviour of the respondent towards the petitioner causes a reasonable apprehension in the mind of the petitioner that it is not safe for him to continue the matrimonial relationship with the respondent.
26.That from the acts and conduct on the part of the respondent, it is clear that the respondent has buried the institution of marriage forever, and it is not possible for the petitioner to carry the marriage any further on account of her cruel behaviour.
27.That in view of all the acts and circumstances mentioned above, it is extremely difficult for the petitioner to live with the respondent, as the petitioner not only apprehends danger to his life and liberty, but the same is also detrimental to his honour, reputation and social status. As such, the petitioner is entitled to the grant of divorce on the ground of cruelty.
28.That strangely, the treatment and behaviour of the respondent towards her mother-in-law was also very disrespectful and querulous. For reasons best known to her, the respondent could not see eye to eye with her mother-in-law.
29.That the constant ill-treatment by the respondent caused unbearable tension and mental agony to the petitioner/husband and his mother. The petitioner was unable to find any solution to this perpetual problem of unbearable misbehaviour and cruelty at the hands of his wife/respondent.
30.That although the list of acts of cruelty, harassment and criminal acts committed by the respondent, either during her illness or with the undue support and misguidance of her family members, is very lengthy, only a few major acts and incidents of cruelty towards the petitioner have been set out above.
31.That despite inflicting considerable cruelty upon the petitioner, the petitioner tried his best to speak with the respondent; however, on account of her aggression and violent behaviour, it appears risky if the respondent were to rejoin the matrimonial home.
32.That owing to the frequent complaints received against the respondent, the petitioner was forced to curtail his contractual obligations on medical grounds, thereby causing monetary as well as professional loss to him. In view of the atrocities committed by the respondent, the petitioner, whose contract was of five months, had to return within two months. On account of such behaviour of the respondent, the petitioner failed to concentrate on his professional career and failed to upgrade his professional qualifications, and suffered personally, financially as well as professionally due to the mental cruelty caused by her.
33.That the respondent never cared to follow established customs; on both occasions of Karvachauth, she did not keep the fast for the petitioner. When the petitioner's family requested her to observe the custom, she flatly refused on the ground that she did not believe in such orthodox customs. The respondent never treated the petitioner as her husband and did not discharge her matrimonial obligations. She deliberately left the house as she was not interested in making the marriage successful. Further, the respondent's brother used to interfere in the matrimonial life of the petitioner; she used to communicate with him for long hours, as she took much interest in her brother's matrimonial litigation, which was also one of the reasons why she never cared for her own matrimonial life. The respondent has no interest in rejoining the house of the petitioner.
34.That the conduct and attitude of the respondent narrated above clearly, evidently and beyond any doubt shows that: (i) the respondent has broken all relations with the petitioner, as she is currently staying at the petitioner's house on the first floor after taking the jewellery, which still lies in her custody; (ii) the respondent is determined to implicate the petitioner and his mother in a false criminal case, merely to take revenge upon them by hook or by crook, for reasons best known to her; and (iii) the respondent/wife suffers from mental and other illnesses, which have resulted in all these erratic behaviours. Under these circumstances, the petitioner is left with no option except to file the present divorce petition, at least for the safety of his own life and that of his mother, against the apprehended and threatened danger from the respondent's end. It is further submitted that the lives of the petitioner and his mother would always remain in danger and under tension if they were to live with the respondent in any manner in future.
35.That the acts, conduct and behaviour of the respondent, and the circumstances intentionally or deliberately perpetrated and/or created by the respondent against the petitioner, have caused immense mental torture and agony to the petitioner, without any fault on his part and without any rhyme or reason. Since the respondent, after the marriage, has treated the petitioner with utmost cruelty, as detailed in the foregoing paragraphs, the petitioner is entitled to the dissolution of the marriage by a decree of divorce under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955, as amended up to date.
36.That the petitioner has not, in any manner, condoned the cruelty of the respondent.
37.That the petitioner has now lost all patience and is unable to continue with the said uncertain and broken matrimonial tie. The petitioner is therefore left with no other remedy but to approach this Hon'ble Court. Hence this petition.
38.That this petition is not being presented in collusion with the respondent.
39.That there has been no unnecessary or improper delay in filing this petition.
40.That there is no legal ground why the relief sought should not be granted.
41.That the petitioner has not, in any manner, been accessory to, or connived at, or condoned the acts complained of.
42.That the marriage was solemnized, and the parties resided together, within the limits of the ordinary original jurisdiction of this Hon'ble Court. The parties lastly resided together as husband and wife at Place of last residence together. Hence this Hon'ble Court has jurisdiction to try and entertain this petition.
43.That the prescribed court fee has been paid and affixed on the petition.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to pass a decree of divorce, dissolving the marriage between the parties.
OR
Any other relief which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioner and against the respondent.
PETITIONER
Place where petition signedTHROUGH
DATED
ADVOCATES
VERIFICATION
The above-named petitioner states on solemn affirmation that paragraphs 1 to Number of paragraphs verified on knowledge of the petition are true to the petitioner's own knowledge, and paragraphs First paragraph number verified on information to Last paragraph number verified on information of the petition are true to information received and believed to be true. The last paragraph is the prayer made to this Hon'ble Court. Verified at Delhi on this Date of verification of petition day of Month and year of verification of petition, 2017.
PETITIONER
IN THE COURT OF Designation of the Judge, Family Court, FAMILY COURT, Location of the Family Court
H.M.A. CASE NO. HMA case number OF Year of the HMA case
IN THE MATTER OF:
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
A F F I D A V I T
I, Deponent's name, aged about Deponent's age years, S/o Deponent's father's name, R/o Deponent's address, do hereby solemnly affirm and declare as under:
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1.That the marriage between the petitioner and the respondent was solemnized according to Hindu rites and ceremonies on Date of marriage at Place of marriage.
2.That the accompanying petition under Section 13(1)(ia) & (ib) of the Hindu Marriage Act has been drafted by my counsel under my instructions, and the contents thereof are true and correct to my knowledge. The said petition may kindly be read as part and parcel of this affidavit, as its contents 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 the acts of cruelty 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 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 sought to the petitioner.
7.That there has been no improper delay in filing the petition.
8.That the petitioner has not, in any manner, been accessory to, or connived at, or 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, that no part of it is false, and that nothing material has been concealed therefrom.
Verified at Delhi on this Date of verification of affidavit day of Month and year of verification of affidavit, 2017.
DEPONENT