IN THE COURT OF HON’BLE FAMILY JUDGE, CUTTACK.

C.P. No.________ OF 2019

IN THE MATTER OF :
PETITION UNDER SECTION 10 OF INDIAN
CHRISTIAN MARRIAGE DIVORCE ACT, FOR
DISSOLUTION OF THE MARRIAGE BY A
DECREE OF DIVORCE
AND
IN THE MATTER OF :
DANIEL MATHEW SUBRAMANI, aged about
36 years, S/o. Mr. K. Subhramani, resident of :
A.N.R Gents PG, 1st Floor, 1/190, 1 B2,
Pillaiyar Koil Street, Thoraipakkam, (ICE
FACTORY) Chennai - 400 097.
…PETITIONER
VERSUS
RUTH PRINCY DAS, aged About 35 Years,
W/O Daniel Mathew Subramani, D/o Mrs.
Pamela Das, at present residing at R.D. Route,
Route’s Compound, Sutahat (Near Baptist
Church), Cuttack.
…..RESPONDENT
The humble petition of the Petitioner :-
MOST RESPECTFULLY SEWETH:
01. THAT, the petitioner was married with the respondent on 04.06.2005
at Silver Plate, 1-7-194 / 195, 1st Floor, Sarojini Devi Road, Paradise Circle,
Secunderabad-500003, Andhra Pradesh, as per Christian Rites and Customs
in the presence of friends, relatives and family members of both the parties
and the marriage certificate to this effect was issued by Faith Outreach
Christian Organisation by Officiating Minister Rev. Dr. John P. Bridge in Cox
Colony, Jharsuguda on 03.10.2006.
A true copy of the marriage certificate to
this effect alongwith the affidavits of
both parties are enclosed herewith as
ANNEXURE-1 (SERIES).
02. THAT, the respondent is residing at her mother’s place on the above
noted address which is within the Jurisdiction of this Hon’ble Court.
03. THAT, after the marriage the petitioner and the respondent lived
together as husband and wife and consummated their marriage for approx
two years i.e till January, 2009 at different places like Jharsuguda,
Hyderabad and Chennai. There are two children namely Grace Angeline
Gloria Daniel Mathew (12) and Enoch Benjamin Daniel Mathew (9). They
were born on 13.12.2006 and 21.02.2009 respectively.
04. THAT, the brief fact leading to such petition is that from the very
beginning of their marriage, there was a lack of mutual understanding
between both the parties. Due to lack of faith, transparency and mutual
support, they couldn’t pull off their married life well. Constant interference of
the mother of the respondent was also one of the main cause of the dispute.
However in 2006 their first child was born in Jharsuguda. Then in 2009, the
second child was born in Cuttack. But their differences didn’t settle rather it
became more aggravated. Situation became so worse that the respondent
blocked the petitioner on phone calls, messages and even on social media
(Facebook, Whatsapp, Massenger etc). In spite of that the petitioner tried to
contact her many times through other communication methods but all in
vain. The respondent never took any step to talk to the petitioner or settle
the dispute. She never showed her interest to save the marriage.
05. THAT, it is also a fact that on 04.06.2005, the newlywed couple gave
a food party to their close friends and relatives. On that very day the
respondent’s mother created an unnecessary havoc and tried to throw out
the petitioner along with his mother from the petitioner’s house in
Hyderabad. The petitioner’s father being insulted by such act had to leave
the house without attending his own son’s marriage party. This incident was
witnessed by the Team Leader of HSBC and the petitioner’s mother.
06. THAT, it is also a fact before their marriage the respondent had a long
standing relationship of 8 years with a man named Akram Khan, and they
had been living together in Hyderabad during their job period is HSBC bank
where the petitioner and the respondent had met for the first time. However
Akram Khan was forced into an arrange marriage by his family members.
Thereafter the petitioner was forced by the respondent’s mother to marry
the respondent.
Further, the relationship between Akram Khan and the respondent changed
into a sexual relationship which continued even after the marriage of both
the parties to separate people. Furthermore the respondent had continued to
have illicit affairs with several men who even frequently visited her. The
respondent was caught red handed by the petitioner and his sister at several
instances and at one such instance the respondent had admitted of having
such illicit relationship to the petitioner and also made the petitioner talk to
such person. In another instance, the petitioner’s sister, while visiting the
then newly-wed couple in Hyderabad, witnessed that the respondent was
being touched at inappropriate places by Samuel Shrestha, who is now
married to the respondent’s sister.
07. THAT, it is also a fact that the petitioner being the family man he is,
resorted to every means available and known to him to resolve all the issues
between them and to restitute their relationship. Further he gave all possible
effort to save their marriage because he loved his family a lot and wanted to
be with his wife and kids but the respondent didn’t pay any attention
towards it. Rather she preferred to live with her mother at her mother’s
house in Cuttack. The petitioner being not financially sound, the respondent
used to abuse and humiliate the petitioner publicly. Respondent was
dominating and used to ask the petitioner to behave the way she wants, as
she is the earning member of the family. The respondent used to ask the
petitioner to come and stay at her mother’s house, which was not acceptable
to the petitioner.
08. THAT, it is also a fact that due to the extensive emotional harassment
and physical assault by the respondent and her mother, the petitioner had
suffered nervous breakdown which lead to the stiffness of his fingers
rendering them motionless and incapable of any work. The entire charade of
the respondent and her mother led to the petitioner struggling between jobs
amounting to be nothing more than a failure which resulted in decline in his
physical as well as mental health finally leading to an open heart surgery on
27.10.2016, wherein he received no support from the petitioner and his
mother.
Further it is pertinent to mention here that the petitioner lost all of his
fortune however mere it was, in visiting, trying to resolve and trying to give
the best life to the petitioner and his children in his capability. But after
being thrown out the house by the respondent and her mother, the
petitioner with no place to go and no money, the petitioner is currently
residing in a Men’s hostel in Chennai whose rent is being borne by the
petitioner’s brother-in-law.
09. THAT, both parties have been living separately for the last 10 years
without consummation of matrimonial relationship or cohabitation since
2009. There is neither any scant possibility of reunion between both the
parties nor any of them desires to continue the marital life with another.
10. THAT, the petitioner most humbly submits that the respondent
deserted the petitioner and deprived him to meet with his children and that
is the biggest mental torture for the petitioner. In spite of having two kids,
the petitioner is compelled by the respondent to live a lonely life. In such
phase of life when his health is bad and he needs love and family support,
he is bound to live in a Men’s hostel and there is no one to take care of him.
11. THAT, the petitioner prays that:-
a decree of divorce may be passed by dissolving the marriage
solemnized on dtd. 04.06.2005 and marriage certificate dtd. 03.10.2006
issued by the Faith Church, Cox Colony, Jharsuguda.
And/or any other order be passed which will be deemed just and
proper as per the facts and circumstances of the case.
12. THAT, the cause of action to file the present petition arose when the
respondent left the company of the petitioner in January, 2009 without any
reasonable cause and took their kids away from him and didn’t come back.
It also arose when the petitioner took so much effort to get her back, but
she refused to come.
13. THAT, the parties are Christian by religion and they continue to be so.
14. THAT, the present petition has not been filed in collusion with the
respondent by the petitioner.
15. THAT, no such petition is pending or has been filed or decided by any
court of law on the same subject matter between the same parties.
16. THAT, petitioner has no legal impediments why the relief sought for is
not granted to the petitioner.
17. THAT, the respondent is residing at R.D. Route, Route’s Compound,
Sutahat (Near Baptist Church), Cuttack within the jurisdiction of this Hon’ble
Court. Therefore, this Hon’ble Court has got the jurisdiction to entertain and
try the present petition.
18. THAT, a fixed court fee has been paid on the petition.
PRAYER:
It is, therefore most humbly prayed that a decree for Divorce Under
section 10 of the Indian Christian divorce Act be passed thereby dissolving
the marriage of the petitioner and the respondent on the ground of mental
cruelty and desertion may kindly be passed in favor of the petitioner.
And for the said act of kindness, the petitioner as in duty bound shall
pray.

CUTTACK PETITIONER
DATE : ______________
VERIFICATION
I, DANIEL MATHEW SUBRAMANI, aged about 36 years, S/O Mr. K.
Subhramani, resident of Kumaranagar, Chennai, presently residing at :
Men’s Hostel, Thoraipakkam, Chennai, do hereby verify that the contents
from paras 1 to 16 are correct and true to the best of my knowledge and
personal belief, faith and as per my instructions. The above contents have
been read over and explained to me and I have understood the same. Hence
I have signed hereunder on the_____day of June, 2019.

VERIFICANT
AFFIDAVIT
I, DANIEL MATHEW SUBRAMANI, aged about 36 years, S/O Mr. K.
Subhramani, resident of Kumaranagar, Chennai, presently residing at :
Men’s Hostel, Thoraipakkam, Chennai, do hereby solemnly affirms and
states as follows;
01. That I am the petitioner in this case.
02. That the facts stated above are true and correct to the best of my
knowledge and belief.
Identified by Deponent 
Advocate