IN THE COURT OF DISTRICT AND SESSIONS COURTS,

GURGAON

H.M.A PETITION NO. _____ of 2020

IN THE MATTER OF:

1. Ramnik Chadha
S/o _____________
R/o _____________
_________________ …PETITIONER

VERSUS
2. Surabhi Chadha
W/o Ramnik Chadha
R/o House No.38, Apple Wood
Malibur, Towne-47
South City
Gurgaon, Haryana-122018 …RESPONDENT

PETITION UNDER SECTION 13 (1) (ia) OF THE HINDU

MARRIAGE ACT, 1955 FOR DISSOLUTION OF MARRIAGE BY
GRANT OF DECREE OF DIVORCE

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner and the Respondent both are Hindus and

their marriage was solemnized on __________ in accordance

with Hindu rites and Customs at _______________ in the

presence of friends, relatives and family members of both the

parties. At the time of their marriage, the Petitioner and the

Respondent were of _______ years and ____ years of age

respectively.

2. That the Petitioner and Respondent after their marriage have

cohabited together in their matrimonial house as husband

 and wife and consummated their marriage at House No. 38,

Apple Wood Malibur, Towne-47 South City Gurgaon.

Imperatively, from their wedlock, the Petitioner and

Respondent are blessed with twins who are___________ years

old.

3. That the Petitioner and Respondent have known each other

since their School days. It is submitted that the Petitioner was

always a meritorious and outstanding student. In fact, the

Petitioner had also won several awards in the field of sports as

well. It is pertinent to mention herein that since their school

days the Respondent used to seek opportunities to increase

her closeness with the Petitioner. However, the Petitioner was

totally unaware of the intentions of the Respondent and

always took Respondent as a great friend.

4. That somewhere in the year 2016, the Respondent admitted

her love and admiration for the Petitioner and proposed him

for marriage. The proposal of marriage had come as a surprise

to the Petitioner, as he had always taken the Respondent as a

good friend. Thereafter, the Respondent tried to convince the

Petitioner for some time that she would be a suitable match

for the Petitioner. It is pertinent to mention herein that the

Respondent told the Petitioner that it was since the school

days that she had feelings for him, but it was only now when

they had reached the marriageable age, she could manage to

confess her feelings.

5. That believing the confession of the Respondent to be genuine

and true the Petitioner agreed to marry the Respondent. At the

 first instance, the family and relatives of the Petitioner were

not convinced for the marriage between the Petitioner and the

Respondent. However, when the Petitioner also expressed his

willingness to marry the Respondent, the family members of

the Petitioner agreed for their marriage for the sake of the

Petitioner’s happiness.

6. That after marriage during their cohabitation it was noticed

by the Petitioner that the Respondent is reserved in nature

and it seems that Respondent doesn’t have any love and

affection for the family members of the Petitioner. It is

pertinent to mention herein that the Respondent never had

any respect for her aged in-laws, family members, and

relatives who occasionally used to visit the Petitioner’s parents

considering their age and illness. The Respondent used to

grumble and make faces whenever any family member,

relatives or visitor used to visit the Petitioner’s parents. It is

relevant to mention herein that in case if the Petitioner’s

mother request the Respondent to offer a cup of tea to the

family members and relatives then in such circumstances the

Respondent used to reply to the Petitioner’s mother that she

is not her servant and in case she has to offer a cup of tea to

the relatives and family members, then she should make tea

herself. It is pertinent to mention herein that such reply on

the part of the Respondent in front of the family members and

relatives had clearly lowered down the image of the Petitioner’s

mother in front of their relatives and family members.

 It is unfortunate to state herein that whenever the Petitioner’s

mother used to inform the Petitioner about the rude behaviour

of the Respondent in front of their relatives, the Respondent

used to immediately deny such allegations and any such reply

given by her to the Petitioner’s mother. The Petitioner was

shocked at such response from the Respondent and failed to

understand the reason for such rude behaviour showcased by

the Respondent.

7. It is imperative to mention herein that since the very

beginning, the Respondent’s attitude towards the Petitioner

and his family members & relatives was unloving, uncaring,

rude, humiliating, demeaning, indifferent & insulting. The

Petitioner’s family members had also discussed this issue

regarding the behaviour and attitude of the Respondent

towards them, However, the Petitioner advised his family

members to be patient and suggested that the behaviour and

attitude of the Respondent may be due to the fact that she is

not able to adjust in the joint family and might need some

more time to settle down.

8. After a few months of marriage, the Petitioner came to know

that the Respondent is habitual of daily drinking and loves to

party lavishly. It is pertinent to mention herein that the

Respondent used to organize/host several parties at their

house wherein she used to spend the hard-earned money of

the Petitioner in buying expensive liquor. Further, the

Petitioner also discovered that the Respondent also had a

craze for expensive phones, cosmetics, and other gadgets. It is

 pertinent to mention herein that the Petitioner for the sake of

happiness of the Respondent used to buy an expensive phone,

cosmetics and other stuff which the Respondent used to

demand from the Petitioner.

9. Thereafter on several occasions, the Petitioner doubted that

the Respondent who always portrayed herself as a kind,

considerate, respectful, family-oriented and sensitive person,

had affairs with several guys. It is pertinent to mention herein

that whenever the Petitioner used to confront the Respondent

about the same the Respondent used to utter derogatory

words to the Petitioner. The words uttered and addressed by

the Respondent include "KUTTA, HARAMZADA,

MADARCHOD, RANDI, BHADWA, GHATIYA, NEECH,

BHIKARI” etc.

10. As if the verbal insults and abuse were not enough, the

Respondent on one occasion even violently slapped and

scratched the Petitioner. The whole scene was witnessed by the

parents of the Petitioner, thus causing immense insult and

embarrassment to the Petitioner.

11. It is imperative to mention herein that the Respondent is a

strong-willed person and she never used to admit any of her

mistakes. It is pertinent to mention herein that the

Respondent would always go extreme in the arguments and

would refuse to back down. In addition, she would also argue

over the smallest issues for hours and used to stop talking

with the Petitioner for days. It is relevant to note herein that

 there was no peace in the house and the relationship between

the Petitioner and the Respondent is very stressful.

12. As state above the Respondent did not have any regards for

the Petitioner as well as for his family members. However, the

Petitioner extended his full love and support with expectations

that Respondent would realize the importance of the Petitioner

and his family members and would start respecting them and

will maintain the harmonious atmosphere in the house. It's

unfortunate to state herein that the Respondent never realized

the importance of the Petitioner and his family members and

her actions have only brought shame and disgrace to the

family.

13. It is pertinent to mention herein that the Respondent was not

having any regards to the relatives of the Petitioner. The

Respondent used to grumble and make faces whenever any

relative from the Petitioner side used to visit them. Further, it

is relevant to mention herein that the Respondent also did not

like to prepare meals for the visitors, in fact, she used to insult

them by not talking to them and taunting them as well as their

young children’s thereby causing grate mental torture to them

which resulted in agony to the Petitioner and his family

members. It is submitted that there was continuous mental

torture to the Petitioner and his family members at the hand

of the Respondent.

14. It is imperative to mention herein that the Respondent was

having regard for her own family members and she used to
 take care of her family members without any problems. It is

submitted that the Respondent was having separate yardstick

for her relatives and never used to treat Petitioner’s relatives

as her relatives and always used to neglect and humiliate

them whenever they occasionally used to visit the Petitioner’s

house to meet their elderly members of the family. Due to such

behaviour some of the Petitioner’s relatives avoided visiting the

Petitioner's house to see the elderly parent of the Petitioner

thereby putting Petitioner in an embarrassing position and

causing mental torture to the Petitioner.

15. It is pertinent to mention herein that the Respondent used to

talk for hours with her mother and sister over the phone. It is

submitted that the Respondent was ill-advised by her mother

and sister and at their instigation and the Respondent never

hesitated to utter abusive language for the Petitioner and his

parents while having a conversation with her mother or sister.

It was shocking for the Petitioner that the Respondent used to

regularly use abusive language in loud voice to cause mental

torture to the Petitioner and to his parents.

16. After a few months of marriage, the Respondent started

demanding a separate accommodation even though she had a

separate bedroom for her. It is pertinent to mention herein

that in order to have cordial atmosphere in the house and to

save his parents from daily harassment the Petitioner was

forced to take a rented house in a posh locality in Gurgaon

_________________________________ so that Petitioner and

Respondent can live peacefully.

17. Thereafter, the Respondent conceived in the month of

_______________ and since the day it the Petitioner came to

know about the good new the Petitioner was taking utmost

care of the Respondent. The Petitioner used to take the

Respondent to the Gynaecologist from time to time. It is

relevant to note herein that the Respondent had delivered

twins on ______________ at ____________ Hospital. It is

pertinent to mention herein that the Petitioner in order to

celebrate and welcome the children’s in the family organized

the baby shower ceremony. It is relevant to mention herein

that in the said baby shower ceremony the relatives from the

Respondent's as well as from the Petitioners family were

invited.

18. After the baby shower ceremony was over there was an

uncalled dispute in the house since the Petitioner’s family had

not gifted the desired gifts to the member of the Respondent

family and relatives. It is pertinent to mention herein that

relatives and family members of the Respondent were teasing

the Petitioner and his family members by stating that their

daughter was married in “KANJOOS FAMILY”. Further,

various other allegations were also made against the

Petitioner’s family. It is submitted that since this incident

there was a cold war between the Respondent and her mother

in law and the Respondent had started humiliating the

Petitioner’s mother on every occasion in presence of the

relatives due to which the life of the Petitioner’s mother had

 become miserable and she was not in a position to visit house

of any of her relatives apprehending insult in their house due

to the behaviour of the Respondent. It is relevant to mention

herein that the Petitioner's family has become isolated and

they are being neglected and the entire family of the Petitioner

was stamped as “family of bad repute”

19. The Petitioner herein submits that after delivering the

children’s the Respondent used to show that she was very

busy taking care of the children and used to avoid all

household work on this excuse only. It is pertinent to mention

herein that while the Respondent was busy taking care of the

newly born children’s she always finds ample time to talk with

her mother or sister and she always used to utter abusive

language for the Petitioner and his parents and sisters while

having any conversation. It was shocking for the Petitioner

that the Respondent even after becoming a mother is regularly

using abusive language in loud voice to cause mental torture

to the Petitioner as well as to his family members.

20. It is pertinent to mention herein that just after delivering the

twins the Respondent also started demanding for high-end

Sedan car for her newly born children’s, at least 3-4 heavy

(expensive) jewels, one diamond ring and several other

expensive gadgets like iPhone, video game, Led TV, etc. It is

relevant to mention herein that the Petitioner had utilized

almost all his savings in bearing out the expenses of delivery

of the children’s and in organising a lavish baby shower

ceremony as demanded by the Respondent. It is relevant to

 mention since the Petitioner had almost used all his hard-

earned money the Petitioner was unable to book an expensive

sedan car for their twin son as demanded by the Respondent.

When the Respondent came to know that the car has not been

booked by the Petitioner, she became furious and threatened

to leave the Petitioner. It is imperative to mention herein that

the Petitioner and his family members were aghast upon

receiving such a threat from the Respondent and requested

the Respondent not to create a scene. It is only after receiving

a promise from the petitioner that a car would be booked

within a month, Respondent agreed to continue living with the

Petitioner.

21. The petitioner herein submits that the Respondent stated

taunting and ridiculing the Petitioner as being a father he was

unable to book a car for his newly born twins. It is pertinent

to mention herein that in one such fight, the Respondent even

spat on the face of the Petitioner while in another fight,

Respondent hit the Petitioner on his nose in a fit of rage and

anger which caused severe bleeding and long term injury to

the petitioner. Not only this, it is relevant to note herein that

even the Respondent's mother and her sister spared no

opportunity to taunt and abuse the Petitioner by saying that

he is worthless, does not have the self-respect and cannot

fulfill his promise and he is cheat and crook. The Petitioner

was shocked at such appalling behaviour of the Respondent

and her mother and sister and the Petitioner protested against

such language being used for him. Upon such protest, the

Respondent slapped the Petitioner in front of his parents and

 told him clearly that unless he gets a car, he will not get any

respect from her and her family members especially from her

mother and her sister.

22. It is relevant to mention herein that the Respondent also used

to make regular demands for expensive phones and other

gadgets for herself also. However, as the Petitioner did not

want to spoil the relationship with the Respondent, he used to

fulfill all her demands. It is pertinent to mention herein that

till date the Petitioner had bought almost 5 expensive phones

by taking loans from various friends and relatives.

23. Thereafter, on ____________ a close friend of the Respondent

also confirmed the Petitioner’s doubt that the Respondent is

not at all a trustworthy person and she already had several

relationships and linkup with several other boys in past.

During the conversation Respondent’s friend also informed

the Petitioner that the Respondent always used her charm and

pretended to be of very caring in nature just to lure boys.

24. On the very next day of such revelation made by the

Respondent’s friend, the Petitioner went to confront the

Respondent. However, the Respondent did not open the door

of her room which was locked from inside. After continuous

knocking on the door, the Respondent finally opened the door

in a very angry state of mind under the influence of alcohol.

At that time the Respondent saw the Petitioner is standing in

front of the door to confront the Respondent. Respondent on

seeing Petitioner got so angry that she violently pushed the

Petitioner on the floor. The whole scene was witnessed by the

 parents of the Petitioner who were present there at that time,

thus causing immense insult and embarrassment to the

Petitioner.

25. Soon after the incident, the Petitioner called the mother of the

Respondent and informed her about the incident. However,

Respondent's mother taunted and insulted the Petitioner and

told the Petitioner to keep her daughter happy. She did not

even stop there she also branded the Petitioner as “Kamina”.

This came as a shock to the Petitioner and the Petitioner broke

down into tears at the very thought of facing the family

members of the Respondent again in future.

26. It is pertinent to mention here that the ordeal of the Petitioner

and his parents did not stop there. Throughout the day, the

Petitioner and his parents were insulted and humiliated by the

Respondent for one reason or other.

27. Later in the day, the Respondent once again fought with the

Petitioner and with his parents as they did not get any

expensive gifts for their newly born twins. It is relevant to note

that the Respondent called the parents of the petitioner words

like "besharam", "Kanjoos" and "chindi" in front of the

Petitioner. It is pertinent to mention herein that the

Respondent got so aggressive that she asked the Petitioner’s

parents to get out of their house immediately or she will throw

them out. She then went inside the room, took the luggage of

the Petitioner’s parents and threw it out of the house. When

the Petitioner tried to intervene, the Respondent even slapped

the Petitioner and asked him also to get out of the house.
 Being extremely humiliated and saddened by the incident, the

petitioner and his parents left the house.

28. Thereafter, the Petitioner parents spoke with the mother of the

Respondent and told them about the despicable behaviour of

their daughter and informed them that their daughter is

ruining the life of their son.

29. It is relevant to note herein that the very same day, the

Respondent called and abused and threatened the Petitioner

to arrange Rs. 10 Lacs by whatever means if the Petitioner

wants a reconciliation. The Respondent even went to the

extent of calling the Petitioner "Bhadva" and advised him to

run a brothel.

30. It is pertinent to mention herein that the Petitioner was

extremely shocked, traumatized and depressed by this

incident and stopped going to work or even eating. It is

relevant to mention herein that it took Petitioner few days to

regain his health and mental stability. It is pertinent to

mention herein that from the conduct of the Respondent and

her mother, since the very beginning their sole intention was

to trap the Petitioner into marrying the Respondent and extort

as much money as possible from the Petitioner. It is relevant

to note herein that due to the harsh and cruel behaviour of

the Respondent towards the Petitioner and his family had even

led Petitioner to consider committing suicide for a brief time.

However, due to the family support of the Petitioner and for

the sake of his children’s the Petitioner did not committed

suicide.
31. It is submitted that the Respondent has betrayed the trust of

the Petitioner by ill-treating and disrespecting him and his

parents. The Respondent, by her abusive, uncaring,

insensitive, irresponsible and aggressive behaviour, has

caused immense agony, mental trauma and suffering to the

Petitioner making it extremely difficult for the Petitioner to

lead a happy and fulfilling married life. The Respondent has

failed to discharge her duties as a wife and as a mother. The

cruel behaviour of the Respondent towards the Petitioner and

his family members had even led the Petitioner to consider

suicide for a brief time. It pertinent to mention herein the

Petitioner due to his family support have become mentally

stronger and have decided to part ways from the Respondent.

32. All the facts stated above clearly reflect that the marriage

between the Petitioner and Respondent is completely broken

as there is no faith and harmony or any cordial relationship

between Petitioner and Respondent and there is only hatred

between both of them. The Petitioner is therefore constrained

to file the present petition for grant of divorce on account of

continuous cruelty inflicted by the Respondent on the

Petitioner by the Respondent.

33. That since the parties to the Petition lastly resided within the

jurisdiction of this Hon’ble Court, therefore, this Hon’ble Court

has the jurisdiction to entertain this Petition and to grant relief

in terms of the prayers which are as follows:

PRAYER
a. Pass a of dissolution of marriage dated__________ under

section 13 (1) (ia) in the interest of justice.

b. To grant custody of the small children’s with the Petitioner.

c. Any other relief which this Hon’ble Court deemed fit may

kindly be granted in the interest of justice.