In,

The Court of Principle Judge

Family Court, Patna

In the matter of Petition

Under Section 13 and Section
129(i)a of Hindu Marriage Act,
1955
IN THE MATTER OF

Utpal Kumar Mishra, son of Ranjeet Kr Mishra, resident of B 32 Harnichak

Anisbad, near police station Fulwari sarif, Patna, Pin- 800002

………………………….Petitioner

VERSUS

Dipika Kumari, daughter of Pradeep Kumar, resident of House no. 2, Shantinagar,

near sports complex, police station Jehanabad, Patna, Pin- 804408

…………………………..Respondent
 Statement of Jurisdiction
1. This case Utpal Kumar Mishra vs Dipika Kumari has not moved to any other
court before and has come to obtain the plea and get justice from the judge
with clean hands.

2. The counsel humbly submits to the jurisdiction of the family court of Patna
under Section 13 and 12i a of the Hindu Marriage Act. This strives to present
the reality of the concept in modern times. This case presents a chance before
the honorable court to hear a man out who might be having a slight chance to
get required justice.
 STATEMENT OF FACTS

1. Utpal Kumar Mishra is a very responsible man and works in a private limited
company. He married to Dipika Kumari on December 13, 2012. It was an
arrange marriage.

2. They were happy together. They lived a normal life just like others. His wife
Dipika Kumari used to stay at home alone doing household chores and Utpal
used to go to office. Only Sundays were off and he used to stay at home and
relax on Sundays.

3. They could not spent so much time together as most of the days he used to stay
at office and on Sundays, Dipika used to visit her own home.

4. Now presently during the covid times, offices closed and all people has to work
from home only. So Utpal started working from home and could spend much
time with Dipika now together. One fine day, when he was returning from
bazar, he met their home maid who used to work in their house and wash their
clothes. She seemed scared. Utpal on questioning about her worries, she said
she will not work in their house as Dipika behaves very strangely sometimes.
Utpal gets shocked and did not believe at first, then the maid started crying and
said Dipika murmurs something in her own mind, laughs without any reason,
behaves strangely and sometimes shouts from her bathroom.

5. The maid even said Dipika sometimes looks at her so strangely, she gets
scared. This is happening since 2-3 days. Meanwhile, Utpal knew that Dipika
was very conscious of her body, she was taking anti pregnancy pills for that
which was unknow to Utpal.

6. One day, Utpal finds those pills in the drawer and gets shocked and returns
home. He did not say a single word to Dipika. After 2 days, he asks Dipika did
anything happen with home maid? Suddenly Deepika gets furious and shouts at
Utpal. He tries to calm her and she gets very furious and started throwing
things here and there. Later after 5 mins, she went to her room, closed the door
and slept. This kind of behavior shocked Utpal but still he kept quiet. He even
asked about the pregnancy pills as well, Dipika ignore the fact and started
beating him.

7. Things started becoming worse day by day. One day, Dipika gets a pain in her
head which continued to her spinal cord. Utpal took her to the hospital and
after thorough checking, doctor found out that she is having a nervous problem
since long which was not treated. Utpal gets astonished, he did not know
anything about this, Even Dipika’s parents did not tell them anything about her
 daughter.

8. Doctor said that her condition is getting worse as she was not under any
medicines or treatment since long. Not only that, she is having a congenital
disorder which means that she can never be pregnant. Her fertility tube which
is attached to the ovum is blocked and she can never give birth to a baby. This
disorder is incurable. After further tests, doctor found out by Xray and other
tests, that she has been taking a medicine which blocked her fallopian tube.
They found something there. Examining further, doctor said that she can never
be pregnant even after going through IVF as well. Utpal said the doctor that he
found anti pregnancy pills in her drawer. Doctor further said that this can be a
reason for the blockage as sometimes consuming too much either stops
delivery of baby or harms the baby. Utpal cries hard.

9. There are many possible reasons, including ovulation irregularities, structural

problems in the reproductive system, low sperm count, or an underlying
medical problem. She is undergoing all these problems.

10. Utpal breaks down in tears as he feels that he has been betrayed by both his in
laws and wife. He said this to Dipika and there was no reaction from Dipika’s
side. This made Utpal more shocked.

11. Day after day, arguments arose between them, Dipika’s act created a mess in
their family which disturbed their neighbours as well. Utpal gave an idea to
Dipika that they can adopt a child but still Dipika created a nuisance out of it.
She wanted to adopt a child whose age is 1 week, meaning just a new born
baby. They went to orphan homes and many places as well. They were getting
3 months baby as well but Dipika did not agree . Utpal tried to convince her a
lot but she was so stubborn that she wanted a 1 week baby only. She started
behaving rudely with Utpal.

12. Utpal was now very much disturbed by her act and nonsense. Dipika used to
throw things at Utpal whenever she gets angry and behave in a very different
way. Utpal tried to give her medicines but she was so furious that she threw
them. Now it was not possible for Utpal to stay with her. Rather it is not
possible for any man to stay with Dipika.

13. Utpal at last decided to give her divorce as his personal life is getting disturbed
and he wanted to remarry. Though he promised he would take care of Dipika
and provide her all necessary expenses to stay.
 ISSUES RAISED WITH COLLABORATION

Under Section 13 of the Hindu Marriage Act, Divorce can be granted:

(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
16
[(ia) has, after the solemnisation of the marriage, treated the petitioner with
cruelty; or]
Thus under section 13 1a of Hindu Marriage Act, Dipika Kumari has treated her
husband Utpal Kr Mishra with cruelty. She used to throw things at him, beat him and
hurt him. This amounts to cruelty. She used to do this all of a sudden. Utpal tried to
calm her but she did not listen. She threw things on him and as a result it would hurt
Utpal as well. Thus this is a reasonable ground for divorce my honor.

[(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.
The wife was suffering from a mental disorder. She had a nervous problem and she
was subjected to schizophrenia. The doctor said that she was having a problem since
long but it has not been treated. She and her family members did not inform Utpal
about this thing which is breach of trust as well. They did a wrong thing by hiding
this fact because one day it would surely come to real. Even their maid said that
Dipika Kumari was not at all okay and she started behaving strangely all of a
sudden. Utpal inspite of knowing this fact tried to calm her and support her but she
used to behave in a very strange way and became furious as well. This made Utpal
disturbed in his personal life as well as work life and it was not possible for him to
stay with her.

iii b defines the expression psychopathic disorder means a persistent disorder or

disability of mind (whether or not including sub-normality of intelligence) which
results in abnormally aggressive or seriously irresponsible conduct on the part of the
other party, and whether or not it requires or is susceptible to medical treatment; The
same happens in this case where Dipika behaves like a psycho and becomes furious
all of a sudden.

● Andhra High Court gave a judgment in Tallam Suresh Babu vs T.Swetha Rani,
D/O ... on 24 January, 2018 that schizophrenia is a reasonable ground for divorce and
even if it was not disclosed before marriage then the petitioner should be granted
divorce.
● Madras High Court gave a judgement in Rekha vs T.Kumar on 30 January, 2019 that
if the psychiatric problem is found to be curable then they can stay together but if it is
found to be harmful, it would be a reasonable ground for divorce. In the present
case, we can see that Dipika used to shout at Utpal, throw things at him which
is obviously harmful and becomes furious. When the husband tries to calm
her, then also she throws anything whatever she finds near. You honor, this is
a very harmful thing because one day if he finds a dumble near her she would
throw that as well. The is a lot of risk staying with her.

1. Bombay high court said that infertility can be a ground of divorce if incase it
has been more than 10 years the wife is not pregnant or if the wife is unable to
give a child for the rest of the years. In a case The pune family court granted
the man divorce because his wife did not get pregnant even after 11 years and
this fact was completely hidden from him. Here, Dipika cannot be pregnant as
doctor said that the sperm tube which gives birth to a bay is itself blocked and
it is permanent. This was also not known to Utpal. This is also a reasonable
ground for divorce your honor.

2. The provisions for Divorce under Hindu Marriage Act, 1955 are considered
then mere inability to conceive or impotency alone are not grounds for
divorce. Court will ask you to adopt in that case. Even they went for adoption ,
but Dipika is stubborn and she wants to adopt a child of 1 week. That is totally
impossible and they have searched so many places they are not getting a child
of 1 week. This makes Dipika furious and she started creating nuisance in her
house.

Under Hindu Marriage Act, 1955 impotency would render marriage voidable
under S. 12(1)(a). This can also be a reasonable ground for divorce in some
exceptions.
According to the law, infertility or impotency is not a ground of divorce if the wife is
normal and stays normal. As described in para 5, she was taking anti pregnancy pills
without her husband’s consent and not informing him. She was also not mentally
stable. When she went to doctor, doctor informed that her fallopian tube is blocked
and she will not be able to conceive a baby even after trying. Later after continuous
tests, doctor found out that she was taking some sort of medicines which as a result
blocked her tube and is incurable. Utpal, the petitioner went through so many doctors
for her wife and even with IVF, but this couldn’t be cured. So in this case, if
infertility or unable to conceive is not a reason for divorce, then your honor, taking
anti pregnancy pills for a long time without consulting anyone not even her husband
and blocking the fallopian tube which stops delivery. This is surely a reasonable
ground for divorce.
Indra Sarma vs V.K.V.Sarma on 26 November, 2013- In this case, Supreme
court gave a judgment that even if something is not a ground of divorce, but if any
person does something without the consent of his or her wife or husband or without
knowledge, which as a result hampers their family life is surely a reasonable ground
for divorce.

3. Dilip wants to give her divorce by talking with her mutually and he has agreed
to provide her everything and all necessary expensed she needs. Dipika is not
agreeing to that, That is why he has filed a divorce case in the court.

4. He wants to remarry but before divorce he will not able to do that. He has to
first divorce his first wife and then remarry. Dipika Kumari is not listening to
all these and constant arguments occur between them.

Utpal can be granted divorce on the grounds of cruelty along with the non
disclosure of previous operation and many others. He was completely
unknown of the fact. His wife even did not tell him about her medical papers
and problems since long. This is a reasonable ground for divorce,.

The family court recently allowed the divorce petition of the couple, saying if a
woman does not want to conceive a child after marriage under the pretense of
maintaining her figure and for that she takes anti-pregnancy pills without her
husband's consent, it amounts to cruelty to the husband. It can be a ground for
divorce, the court said. Thus there are so many grounds which can grant an innocent
man divorce and make him lead a positive life and easy life and also he can remarry
and live a normal life.
 PRAYER
Wherefore in the lights of facts presented, issues raised, arguments
advanced and authorities cited, the counsel on behalf of the petitioner
humbly pray before the honorable court that it may be pleased to
declare that :

1. Utpal Kumar Mishra should be granted divorce and lead a normal

life.

2. Utpal Kumar Mishra should be allowed to remarry and live a positive

life.

Or pass any other order that the court may deem fit in the light of equity,
justice, good conscience and for this act of kindness of your lordship, the
petitioner shall as duty bound ever pray.