Divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 with supporting affidavit
0 of 40 blanks filled
IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, DISTRICT EAST, KARKARDOOMA COURTS, DELHI
H.M.A. CASE NO. HMA case number OF 2023
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
(P.S. Police station)
INDEX
S.NO.PARTICULARS PAGES
1.MEMO OF PARTIES + C.F.
2.PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE, AS AMENDED BY THE MARRIAGE LAWS (AMENDMENT) ACT, 1976, UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955. SUPPORTING AFFIDAVIT.
3.LIST OF DOCUMENTS.
4.VAKALATNAMA.
DELHIPETITIONER
---
THROUGH
DATED
ADVOCATE
IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, DISTRICT EAST, KARKARDOOMA COURTS, DELHI
H.M.A. CASE NO. HMA case number OF 2023
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
---
(P.S. Police station)
MEMO OF PARTIES
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
DELHIPETITIONER
---
THROUGH
DATED
ADVOCATE
IN THE COURT OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, DISTRICT EAST, KARKARDOOMA COURTS, DELHI
H.M.A. CASE NO. HMA case number OF 2023
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
(P.S. Police station)
A PETITION UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955, ON BEHALF OF THE PETITIONER, FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE, AS AMENDED BY THE MARRIAGE LAWS (AMENDMENT) ACT, 1976.
MOST RESPECTFULLY SHOWETH :-
1.That the marriage between the parties hereto was duly solemnized at Venue of marriage in Delhi, Delhi, according to Hindu customs, rites and ceremonies on Date of marriage. It is submitted that the father of the Petitioner incurred expenditure out of his own means solely to satisfy the demands of his in-laws.
2.That the Petitioner is a law-abiding citizen of India who has always maintained peace and tranquillity, has paid due attention to the discharge of her social and moral obligations and liabilities in a fair manner, and, till date, no grievance against the Petitioner is pending or has been raised before any forum.
3.That the status and place of residence of the parties to the marriage, before the marriage and at the time of filing the present petition, are as follows: -
WIFE / PETITIONER
| Status | Age | Place of residence |
| Before Marriage | Spinster, Hindu | Petitioner's age before marriage years | Petitioner's place of residence before marriage |
| At the time of filing the present petition | Married, Hindu | Petitioner's age at filing years | -do- |
HUSBAND / RESPONDENT
| Status | Age | Place of residence |
| Before Marriage | Bachelor, Hindu | Respondent's age before marriage years | Respondent's place of residence before marriage |
| At the time of filing the present petition | Married, Hindu | Respondent's age at filing years | -do- |
4.That the Petitioner and the Respondent were Hindus at the time of the solemnization of their marriage and have continued to profess the same religion till the date of filing the present petition.
5.That after the marriage, the parties lived together as husband and wife and cohabited with each other. No child was born out of the said wedlock. The Petitioner is presently residing at her parental home.
6.That the Petitioner and the Respondent last lived together in the matrimonial home in Date of leaving matrimonial home (month/year), when the Petitioner was thrown out of the matrimonial house by the Respondent and his family members, without her belongings and valuables, including her jewellery and Streedhan.
7.That the Respondent is the husband of the Petitioner. The marriage between the Petitioner and the Respondent was solemnized on Date of marriage at Venue of marriage in Delhi, Delhi, according to Hindu rites and rituals, and the entire cost of the marriage functions and articles was borne by the parents of the Petitioner.
8.That the parents and brother of the Petitioner had expressed that they would conduct the marriage according to their financial capacity and to the best of their means, which was consistently objected to by the Respondent and the in-laws of the Petitioner.
9.Subsequently, in order to meet the said demands, the father and brother of the Petitioner agreed to conduct the marriage function as per the demands of the Respondent, whereby the family members of the Petitioner gave clothes and jewellery to various relatives of the groom's side on the instructions of her in-laws, and, on their instructions, the parents of the Petitioner also handed over cash Shagun to their relatives, apart from the gold jewellery given to the in-laws.
10.That the Petitioner was married to the Respondent, Respondent's name, according to Hindu rites and ceremonies on Date of marriage, and the parents of the Petitioner provided almost all the articles demanded by the Respondent and his family members, including jewellery, clothes, accessories, cash, gifts, valuables and other household articles. It is pertinent to mention that the mother of the Respondent telephoned the parents of the Petitioner and instructed them to organize the marriage in a lavish manner, and the parents of the Petitioner accordingly organized the function as per such demands, endeavouring to give as many items, articles, cash and gifts as they could within their means.
11.That after the marriage ceremony, the Respondent and his family members gathered at the matrimonial house of the Petitioner and expressed their displeasure and unhappiness regarding the dowry articles given in the marriage. The Petitioner explained that her family members had performed the marriage beyond their capacity, that her family had spent an amount of ₹ Amount spent on marriage (₹ lakhs) lakhs, and that they had to borrow cash from their relatives, beyond which her family could not give anything more. However, the Respondent and his family members remained dissatisfied, and the Respondent, along with his mother and sisters-in-law, began abusing the Petitioner in filthy language. Owing to this conduct, the Petitioner suffered immense mental agony and cruelty.
12.However, since the inception of the marriage, the Respondent and his family members, particularly the sister-in-law, subjected the Petitioner to taunts in one manner or another and remained dissatisfied with the dowry articles given by her parents and all the gifts given by family friends and relatives, including the jewellery, which have been retained by the mother-in-law of the Petitioner and other family members. The mother-in-law continues to retain unlawful custody of the Streedhan, and all other articles of the Streedhan continue to lie with them, with the Respondent and his family members refusing to hand over the same to the Petitioner. A list of the articles and Streedhan of the Petitioner, which are lying at the matrimonial house, is annexed herewith. The Petitioner was able to retrieve only a limited number of articles belonging to her.
13.That the Respondent and his family members used to cause mental hurt to the Petitioner on account of their demands for dowry, and, in the absence of the Respondent husband, the mother-in-law used to pick quarrels with the Petitioner over minor issues.
14.That the Petitioner informed the Respondent, Respondent's name (husband), of all these incidents, whereupon the Petitioner was shocked to discover that he too was party to these demands, and she was told by him that she would have to endure all these things. The Respondent was instigated by his family members, and a constant threat of being thrown out of the matrimonial house was held out if the instructions of the in-laws were not followed.
15.That it was to the utter shock and astonishment of the Petitioner when her husband, Respondent's name, informed the Petitioner that they would not provide any financial assistance to her whatsoever, and that the Petitioner would have to bear her own expenses by seeking help from her parents and brother.
16.That the Petitioner endured all the aforesaid acts of mental cruelty committed by the respondent and his family members in an effort to save her matrimonial life; however, the respondent and his family members remained adamant in their attempt to break the marriage and drive the Petitioner out of the matrimonial home.
17.That, in any event, the grave acts of cheating and bisexuality on the part of the respondent came to the knowledge of the Petitioner only recently, which was astonishing and beyond all levels of tolerance. In order to place certain facts on record, it is submitted that the respondent travelled from India to the United States of America via Abu Dhabi on Date of travel from India via Abu Dhabi, wherein he remained in quarantine at Abu Dhabi for a period of 14 days. Thereafter, he boarded a flight from Abu Dhabi to the USA and reached California on Date of arrival in California. It was at this stage that the Petitioner learnt that the respondent had been cheating upon the Petitioner within the marriage while he was in the United States of America. It is submitted that a friend of the respondent residing at Fresno, California informed the Petitioner that her husband, i.e., the respondent, was having sexual relations outside the marriage, with women as well as men.
18.That the Petitioner has been informed, and is in possession of relevant evidence regarding the same, that the respondent engaged in sexual relations with a man named Name of man respondent had relations with and with other men.
19.It is further submitted that the respondent was chatting with and meeting women through the 'Name of dating app' dating application in the USA. It has also come to the knowledge of the Petitioner that the respondent continues to speak with his ex-girlfriend named "Name of respondent's ex-girlfriend" and used to meet her behind the Petitioner's back during the subsistence of the marriage. The respondent also travelled out of Delhi to meet her. Furthermore, the respondent invited one of the said women to his friend's house to stay overnight, where they engaged in a sexual relationship on Date of the overnight stay at friend's house.
20.That, surprisingly, the respondent did not confine himself to the aforesaid illegal acts. It is pertinent to mention that the respondent was even engaged in negotiations and discussions with several women with a view to contracting marriage and illegally obtaining a Green Card in the USA, in respect of which the Petitioner is in possession of all relevant proof. The Petitioner was never informed of the same; however, she was able to obtain valid evidence regarding the said incidents.
21.Furthermore, with regard to the criminal antecedents of the respondent, it is submitted that he is facing two active legal investigations against him in India. One of them is a case of cheating under Section 420 IPC, wherein he illegally assisted students to cheat in examinations in order to secure government jobs. The respondent was absconding on account of this case and left the country before a lookout notice was issued against him in Year the lookout notice was issued. The respondent escaped to America in Year respondent escaped to America to remain in hiding for several months and returned to India in early Year respondent returned to India. The passport history of the respondent will demonstrate that he was even incarcerated for a couple of months in the said case. The other legal case against him pertains to "threatening to kill a government employee" in a fight in which his elder brother is also implicated. The said incident occurred in Month and year of the threatening case. The Petitioner was not aware that the respondent was involved in cases of such gravity.
22.That eventually, on Date the petitioner left the matrimonial home, in light of the above circumstances and facts, the Petitioner was compelled to leave the matrimonial house. The Petitioner took with her some of her winter clothing, two pairs of shoes and a few of her articles, as well as her important documents, from the matrimonial home, and came to reside at her parental home.
23.That from the date of the marriage, the respondent and his family members made it a point to harass and humiliate the Petitioner on one pretext or another. In particular, the respondent used to mentally torture the Petitioner on a day-to-day basis and constantly instigated the mother-in-law and sister-in-law of the respondent against the Petitioner. The mother-in-law used to demand gold items for every member of the family each time the Petitioner visited her paternal house.
24.That the respondent and his family members never treated the Petitioner with the love and care expected towards a newly wedded wife. The Petitioner was left with no option but to yield to the said demands of the respondent and his family members.
25.That it is pertinent to mention that Ms. Name of sister-in-law (sister-in-law) used to spend most of her days at the matrimonial house of the Petitioner and made every effort to instigate the in-laws and the respondent against the Petitioner.
26.That the Petitioner has not been given a single penny to meet her day-to-day expenses and has, at all times, been constrained to borrow the same from her family members, friends and relatives, apart from spending her own salary upon her day-to-day needs.
27.That the life of the Petitioner became hell in her matrimonial house. It is also important to mention here that the respondent and his family members subjected the Petitioner to considerable physical and mental torture and harassment. They also threatened the Petitioner that all the in-laws would attack the paternal house of the Petitioner and that, by using their contacts, the respondent and his family members would implicate the family members of the Petitioner in false criminal cases.
28.That the respondent and his family members used to taunt and humiliate the Petitioner on every occasion, and whenever the Petitioner went outside the house, the respondent and his family members levelled false allegations against her. The Petitioner most humbly submits that no one from their family has ever attempted to pacify or advise the respondent as to the right manner of leading a family life; rather, the respondent and his family members were determined to ruin the family life, and committed all the said acts deliberately and intentionally so that the Petitioner would leave the respondent.
29.That owing to the vile and abusive behaviour of the respondent and all of his family members, the Petitioner has been subjected to mental, physical and psychological cruelty. The respondent, Respondent's name, refused to support the Petitioner and instead blamed her. Apart from physical cruelties, the Petitioner has been subjected to different forms of cruelty which are more harmful than physical cruelties, and which have destroyed her peace of mind and grievously hurt her mental feelings.
30.That the Petitioner is residing separately from the respondent at her parental home and is now left with no other remedy except to approach this Hon'ble Court. The Petitioner reserves her right to make additional statements regarding their conduct and the details of other atrocities and cruelties committed by the respondent and his family members, as and when directed by this Hon'ble Court.
31.That on First date of threats by respondent and Second date of threats by respondent, the respondent threatened the Petitioner and her family members by stating "chup chap nipta lo warna result acha nahi hoga". When the father of the Petitioner asked the respondent "what you did to my daughter", the respondent replied, "mai to aise he karuga, ab batao kya kroge mera tum, karuga mai to", "mujhey koi nahin rok sakta, mai tinder bhi use krta hu", "vakeel ki fees nahi dene ko hogi tumharey pass", "nipatana ho to 20 din me matter khatam kar duga chup chap", "2 din ka time de raha hu", "20 din me divorce dilwa duga, warna 20 saal tak kuch nahi hoga", "na shaadi karne ki rahegi, na desh se bahar ja sakti hai naukri k liye". The respondent even threatened the mother of the Petitioner by stating, "agar marwana padha tumhe to marwa bhi duga". The respondent stated that "if you want to solve the matter then we can do the mutual divorce otherwise he will spoil my life, my parents and brother's life". The respondent further threatened the father of the Petitioner by stating, "court me ghaseetunga", "ek hi naukri hai ladke ki wo bhi chale jaegi", "main jaat khandaan kahu", "mai tension dunga tumhe", "tum saaton ko lapete me aaoge", with reference to the Petitioner, her parents, brother, sister and brother-in-law, stating, "mai chala raha tha shaadi". The respondent also stated that he would harm the Petitioner and throw acid upon her and upon the sister of her friend who had brought his wrongdoings to her notice.
32.That the Petitioner has also been threatened by the respondent, Respondent's name, that he will physically assault her and her family members, and will implicate her and her family members in false cases, by misusing his approach and contacts.
33.That the parents of the Petitioner had spent far beyond their means on the marriage, and after taking financial assistance from various friends and relatives, they were unable to cope with the conduct of the Respondent and his family members. Her parents therefore attempted to save the marriage and did not report the matter to the police.
34.That a comprehensive appraisal of the entire matrimonial life of the Petitioner and the Respondent clearly shows that the Respondent is guilty of treating the Petitioner with physical, mental and economic violence, without any just and reasonable cause, which conduct is unpardonable and unforgivable. His wilful and unjustifiable acts have inflicted severe harassment and agony upon the Petitioner. Consequently, the Petitioner has been compelled to file a complaint under the Protection of Women from Domestic Violence Act against the Respondent and his family members on account of their unbearable violence before the Ld. M.M., Family Court, Karkardooma Courts, Delhi, and the same is pending adjudication.
35.That the Respondent habitually abused the Petitioner on one pretext or another. Immediately after the marriage, the mother-in-law and sister-in-law of the Petitioner took away her jewellery on the excuse that they would keep it in the household locker, and that she could ask for it whenever she needed it.
36.That the Respondent has multiple sources of income and earns approximately Rs. 1,00,000/- per month. The Respondent also has other sources of income, namely interest on fixed deposits and rental income, besides various properties. In total, he earns approximately two lakh rupees per month. On the other hand, the Petitioner is working in Delhi and earns only Rs. 50,000/- per month, out of which a substantial portion is spent on transport and her personal expenses.
37.That the Respondent owns properties having a present value of Rs. 5–7 crores. In addition, the Respondent also owns properties in his village, the address of which is unknown to the Petitioner.
38.That the Petitioner is the legally wedded wife of the Respondent, who is legally and morally bound to perform his marital obligations towards his wife, the Petitioner.
39.That the Petitioner has tried to fulfil all the demands of the Respondent with the sole hope of bringing happiness and togetherness to the family; however, the Respondent has never been concerned with any such matters, and has committed cruelty and deserted the Petitioner without any rhyme or reason.
40.That the Respondent never had any genuine love and affection for the Petitioner. The Respondent pretended to be in love with the Petitioner in order to obtain money from her parental home. The Respondent married the Petitioner solely because he was after her money and for nothing else.
41.That the Petitioner and her family fully cooperated with the Respondent in respect of his financial condition, and even then he made false allegations, which shows that the Respondent intended to exert pressure upon the Petitioner and her family and to harass them in order to meet his illegal demands.
42.That the marriage of the Petitioner was never consummated, as the Respondent refused to have a marital relationship and to start a family. The Respondent did not permit the Petitioner any intimacy, and has refused to have any marital relationship whatsoever.
43.That for more than a year, the Petitioner attempted to contact the Respondent, but eventually gave up hope of reconciliation with him.
44.That thereafter, there remained no possibility of reconciliation between the parties, as the Petitioner had categorically expressed her intention to separate from the Respondent.
45.That the Respondent and the Petitioner were Hindus by religion at the time of the solemnisation of their marriage, and they continue to profess the same religion up to the date of filing the present petition. After the marriage, the parties never lived as husband and wife and did not cohabit with each other. There is no issue out of the said wedlock. The Petitioner is residing at her parental home, and the Respondent has never shown any desire to discharge his duties as a husband. The aforesaid series of incidents has resulted in the deterioration of the mental health of the Petitioner and has seriously impaired her self-confidence and self-esteem.
46.That it is trite to mention that the conduct and behaviour of the Respondent, and the circumstances intentionally created by him against the Petitioner, are such that the Respondent has caused immense mental cruelty, torture and agony to the Petitioner without any fault on her part. Since the Respondent has, since the marriage, treated the Petitioner with utmost cruelty and has wilfully deserted her, as detailed in the foregoing paragraphs, the Petitioner is entitled to dissolution of marriage by a decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, as amended by the marriage laws up to date.
47.That the Petitioner is left with no other remedy but to approach this Hon'ble Court. Hence this petition.
48.That there has been no unnecessary or improper delay in filing this petition.
49.That there is no legal ground why the relief sought should not be granted.
50.That the marriage was solemnised and the parties last resided together within the limits of the ordinary original civil jurisdiction of this Hon'ble Court. The Petitioner is residing at Petitioner's residence. Hence this Hon'ble Court has the jurisdiction to entertain and try this petition.
51.That the prescribed court fee has been paid and affixed on the petition.
PRAYER :-
It is, therefore, most respectfully prayed that a decree of divorce be passed dissolving the marriage between the parties under Section 13(1)(ia) of the Hindu Marriage Act, 1955, as amended by the marriage laws up to date.
AND
Any other relief which this Hon'ble Court may deem fit and proper in the circumstances of the case may also be granted in favour of the Petitioner and against the Respondent.
PETITIONER
DELHITHROUGH
DATED
ADVOCATE
VERIFICATION :-
The above-named Petitioner states on solemn affirmation that paragraphs 1 to Last paragraph number based on petitioner's knowledge of the petition are true to the knowledge of the Petitioner, and paragraphs First paragraph number based on information received to Last paragraph number based on information received 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 day of August, 2023.
PETITIONER
IN THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT, DIST. EAST, KARKARDOOMA COURTS, DELHI.
H.M.A. CASE NO. HMA case number OF 2023.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
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AFFIDAVIT
Affidavit of Smt. Deponent's name, aged about Deponent's age years, D/o Deponent's father's name, R/o Deponent's residence, do hereby affirm and declare as under:-
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1.That the marriage between the Petitioner and the Respondent was solemnised according to Hindu rites and ceremonies on Date of marriage at Delhi.
2.That the contents of the accompanying petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 have been drafted by my counsel under my instructions; the contents thereof are true and correct to my knowledge, and the same may kindly be read as part and parcel of this affidavit, the contents 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, and 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 to granting the relief sought by 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 has not connived at, or condoned the acts complained of in this petition.
DEPONENT
VERIFICATION :-
I, the above-named deponent, do hereby verify that the contents of the above affidavit are true and correct to my knowledge; no part thereof is false and nothing material has been concealed therefrom.
Verified at Place of verification on this Date of affidavit verification day of Month and year of verification.
DEPONENT