IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, PATNA

HMA PETITION NO. 1436 OF 2021

Smt. Rani Devi,

D/o Rajeev Sinha,

68 years of age,

residing at Rajendra Nagar, Kankarbagh- 800020, Patna…………………………PETITONER

VERSUS

Mr. Pramod Sinha,

S/o Ramlal Prasad,

77 years of age,

residing at Bhagwat Nagar, Kankarbagh- 800010, Patna………………………RESPONDENT

PETITION FOR THE DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE

UNDER SECTION 13 OF THE HINDU MARRIAGE ACT, 1955 (NO 25 OF 1955)
 STATEMENT OF JURISDICTION

1. The above mentioned case of Smt. Rani Devi and Mr. Pramod Sinha has not been moved
to any other court before and the party has come here to obtain justice thus filing a
petition before this Hon’ble Court.

2. The counsel humbly submits to the jurisdiction of the family court of Patna under section
13 of the Hindu Marriage Act wherein the harsh reality as to how a woman is treated is
well stated.
 STATEMENT OF FACTS

1. That the Petitioner and the Respondent were lawfully married according to traditional
Hindu Vedic rites dated 10th in the month of October year 2014. Hereto annexed and
marked Exhibit 'A' is a copy of the marriage certificate evidencing the said marriage.

2. The Petitioner and the Respondent is Hindu by birth and they continue to be so.

3. After the said marriage, the Petitioner and the Respondent cohabited and lived together at
the respondent's house for about six years. There were two issues out of this marriage viz.
Dev (son 5 years of age) and Hia (daughter 2 years of age).

4. The Petitioner states that from the month of November, 2020 the Respondent began to ill-
treat the Petitioner whether she be alone or in front of his relatives and friends, and from
the month of December, 2020 began to physically assault the Petitioner without any
cause whatsoever. For some time, the Petitioner made no complaint and underwent such
ill-treatment, hoping that the Defendant would see better sense. However, on or about
March,2021 the Respondent attacked the Petitioner with a stick and inflicted serious
injuries leading to multiple fractures in hand and leg of the Petitioner. The Petitioner
thereupon lodged a complaint at the Patna Police Station, being complaint No. 2357. The
Petitioner craves leave to refer to and rely upon a copy of the said complaint when
produced.

5. The petitioner also stated that due to the mental cruelty and several other injuries in her
body, she had several sleepless nights.

6. The Petitioner says that as a result of the aforesaid injury inflicted on the Petitioner by the
Respondent, the Petitioner had to be hospitalized for six days. The Petitioner craves leave
to refer to and rely upon the Medical Certificate issued by Dr. XXX who treated the
Petitioner at Ashtha Lok, Hospital in Patna.
 7. The petitioner says that even thereafter, the Respondent continued to treat the Petitioner
in a cruel and violent manner. The petitioner’s situation was worsened in the lockdown
period. She was not given one- time meal.

8. The Petitioner says that such cruelty has cause an apprehension in the mind of the
Petitioner that it will be harmful and injurious for the Petitioner to continue to live with
the respondent.

9. There is no collusion or connivance between the Petitioner and the Respondent in filing
this Petition.

10. The Petitioner is claiming alimony @ Rs. 2000 per month from the Respondent.

11. No other proceedings with respect to the marriage between the Petitioner and the
Respondent have been filed in this Hon’ble Court or in any other Court in India.

12. The Petitioner and the Respondent were married in Patna and last cohabited in Patna
within the territorial limits of the jurisdiction to entertain, try and dispose of the present
Petition.

13. The Petitioner being a lady is exempt from payment of Court fees.

14. The Petitioner will rely on documents, a list whereof is annexed hereto.

ISSUES RAISED WITH COLLABORATION

The section 13 of the Hindu Marriage act read as follow:-

(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a
petition presented by either the husband or the wife, be dissolved by a decree of divorce on the
ground that the other party—
[(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person
other than his or her spouse; or]

[(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or]

[(ib) has deserted the petitioner for a continuous period of not less than two years immediately
preceding the presentation of the petition; or]

(ii) has ceased to be a Hindu by conversion to another religion; or

[(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently
from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably
be expected to live with the respondent.

Thus, as per Section 13 (ia) Smt. Rani Devi is entitled for divorce as she has been subjected to
cruelty, mental as well as physical. Respondent ill-treated the Petitioner whether she be alone or
in front of his relatives and friends, and from the month of December, 2020 began to physically
assault the Petitioner without any cause whatsoever.

The Respondent attacked the Petitioner with a stick and inflicted serious injuries leading to
multiple fractures in hand and leg of the Petitioner.

The explanation of Section 13 states that:

Cruelty which is a ground for dissolution of marriage may be defined as wilful and unjustifiable
conduct of such character as to cause danger to life, limb or health, bodily or mental, or as to
give rise to a reasonable apprehension of such a danger. The question of mental cruelty has to be
considered in the light of the norms of marital ties of the particular society, to which the parties
belong, their social values, status, environment in which they live. Cruelty need not be physical.
If from the conduct of the spouse it is established or an inference can be legitimately drawn that
the treatment of the spouse is such that it causes apprehension in the mind of the other spouse,
about his or her mental welfare then this conduct amounts to cruelty; Maya Devi v. Jagdish
Prasad, AIR 2007 SC 1426.
 The case of Jyotish Chandra v. Meera 1970 Cal. 260 was a case of physical cruelty
coupled with mental cruelty. The Hon’ble Calcutta High Court held that cruelty is
sufficient ground for dissolution of marriage. Hence, Smt. Rani Devi was entitled for
divorce as she was subjected to mental as well as physical cruelty.

 The Hon’ble Delhi High Court in Asha v. Baldev, 1985 Del 76 held that it is not
necessary to prove the actual danger to life but the instances of apprehension is enough
for dissolution. In the fact of petition mentioned above the Petitioner says that such
cruelty has cause an apprehension in the mind of the Petitioner that it will be harmful and
injurious for the Petitioner to continue to live with the respondent. Hence, she was liable
to dissolve the marriage.

 In Dastane v. Dastane 1976 SC 1534 which is one of the landmark cases of mental
cruelty, the wife caused misery to husband by insulting him in front his family and
relatives. The Court allowed the husband to dissolve the marriage. Hence, in the present
petition Smt. Rani Devi was subjected to same and her petition should stand
maintainable.

 In Kaushalya v. Wisakhiram 1961 Punj. 520, the husband ill treated the wife, beaten
her so much that she had to lodge F.I.R. Dua J. observed that even the injuries are of less
serious nature the act of petitioner amounted to cruelty and the petition of the wife for
dissolution was upheld. So, in Smt. Rani Devi’s case the F.I.R was lodged on the similar
grounds and inspite of that the respondent did not stop. Hence, the court should pass
decree in favor of the petitioner.
 PRAYER

In the light of the facts presented, issue raised, arguments advanced and the authorities cited, the
counsel on behalf of the Petitioner therefore humbly prays:

1. That this Hon’ble Court be pleased to pass a decree a dissolution of the said marriage
between the Petitioner and the Respondent under section 13 of the Hindu Marriage Act,
1955 on the grounds of cruelty and desertion;

2. That the Petitioner be granted alimony @ Rs. 2000/- per month and;

3. That the Respondent be ordered and decreed to pay to the Petitioner the costs of this
Petition.

Or pass any other order that the court may deem fit in the light of equity, justice and good
conscience. For this act of kindness the petitioner shall be duty bound.

Petition drawn by:

Mrs. ABC,

Advocate, Sd/- Petitioner

High Court, Patna