IN THE COURT OF DISTRICT JUDGE,

SHIMLA

Smt. Neha Thakur aged 49 years, W/o Sh. Kunal Kashyap and D/o
Sh. Mohan Thakur, resident of Village Arki, Tehsil Solan District
Solan

…………Petitioner

VERSUS

Sh. Kunal Kashyap aged 52 years, S/o Sh. Bhagchand Kashyap,

resident of Village Kufri, Tehsil Kalihatti District Solan

…………Respondent

Petition under Section 13

of the Hindu Marriage Act,
1955 (as amended in 1976),
for dissolution of marriage
by granting a decree of
divorce, on the grounds of
cruelty

Sir,

The petitioner respectfully submits as under :-

1. That the marriage of the parties to the petition was solemnised in

the year 2000 at Village Kufri, District Solan as per Hindu rites and
ceremonies. An a davit is duly attested to this e ect is attached
herewith.


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2. That the said marriage was an arranged marriage and that as per
customs, the Respondent was given Rs.1 lakh as Dowry and Gold
30 Tulas along with other house hold articles.


3. That after the marriage, they lived together for a period of 10yrs,
during this period, the Respondent had ill treated, harassed and
humiliated and caused both Physical and Mental agony by his
acts and omissions. It is submitted that, during the said period of
10yrs of Martial relationship, from the date of marriage, was
Deserted and neglected by the Respondent. That even during the
illness of the petitioner, she was neglected and never supported
both Morally and Financially and had to lead a lonely life, as the
Respondent took away her children from her custody.


4. It is submitted that, the petitioner did not seek any legal remedy,
at that juncture, as advised by her Elders and su ered loneliness
and loss of children’s a ection and love, as she did not intend to
disturb the children’s future, but the Respondent was so cruel,
that he did not even permit her to call upon the children and
interact and share their a ection.


5. It is submitted that, the petitioner was per forced to stay with her
parents at her village and depend on her parents for food, clothing
and shelter and she never thought of claiming any maintenance
from the Respondent, as the children would be neglected by the
Respondent and harm their future, as Respondent was wicked by
nature.


6. It is submitted that the Respondent utilised the Dowry of Rs. 1

lakh and petitioner’s Gold Ornaments of 30 Tulas and purchased
House site and constructed a Residential House at Waknaghat,
Solan, in Respondent’s name.


7. It is submitted that the Respondent, since last 25yrs has not

maintained the petitioner and has totally neglected and left her, to
the mercy of God, to fend for herself, fully knowing that, whatever,
that fell to her share in the joint family, was given to the
Respondent at the time of Marriage and the Respondent has
utilised the same, but did not part with any income nor
apportioned any share in the said properties for the last 25yrs.


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 8. That both the children are now married and occupied with their
own lives and thus cannot take care of the petitioner and she is
left alone to do everything that her husband used to do, she has
been handling everything with her household responsibilities and
also been ful lling her marital duties everyday.


9. It is submitted that the Respondent now has a Doubled Storied

Building at Waknaghat, worth about Rs. 40 lakhs.


10.That thus the respondent has renounced the world and has no
interest in continuing his marital life.


11.That the petitioner has not condoned his actions and has duly
accepted his decision but also seeks divorce to make her life
liveable and put an ease on the di culties and the mental torture
this marriage is bringing to her.


12.That the present petition has presented without any collusion or

conversion with the respondent.


13.That there is no legal ground as to why the relief should not be

granted.


14.That the requisite court fee has been a xed on the petition.

It is respectfully prayed to the Hon’ble Court that the marriage

between the petitioner and the respondent may kindly be dissolved
by granting a decree of divorce.

The Hon’ble Court be pleased to “Direct the Respondent to pay

Interim Maintenance of Rs. 3,000/- p.m. to me, till the disposal of
the Main Petition and pass such other orders, deem t and proper,
in the interest of justice.

SHIMLA

DATED: PETITIONER



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 THROUGH COUNSEL

(PREETI MANJARI DAS)

ADVOCATE

VERIFICATION:

The above-named petitioner states on solemn a rmation that paras no.

1 to 13 of the petition are true to the petitioner’s knowledge, information
and belief and those of para 14 as per legal advised received.

Veri ed at Shimla court.

PETITIONER


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 IN THE COURT OF DISTRICT JUDGE,
SHIMLA

Smt. Neha Thakur aged 49 years, W/o Sh. Kunal Kashyap and D/o
Sh. Mohan Thakur, resident of Village Arki, Tehsil Solan District
Solan

…………Petitioner

VERSUS

Sh. Kunal Kashyap aged 52 years, S/o Sh. Bhagchand Kashyap,

resident of Village Kufri, Tehsil Kalihatti District Solan

…………Respondent

A davit of Neha Thakur

aged 49 years, W/o Sh.
Kunal Kashyap and D/o
S h . M o h a n T h a k u r,
resident of Village Arki,
Tehsil Solan District Solan

AFFIDAVIT

I, the above named deponent do hereby solemnly a rm and declare as

under:


1. That the marriage between the petitioner and the respondent

has been solemnised in the year 2000. The marriage was
solemnised with accordance to the Hindu rites and
ceremonies at Village Kufri, Tehsil Kalihatti District Solan;


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 2. That the deponent has led petition under section 13 of the
Hindu marriage act, 1955 for dissolution of marriage by the
decree of divorce on the grounds of cruelty;


3. That after the marriage the petitioner and respondent started

living together at the matrimonial house and cohabited as
husband and wife and out of this wedlock they had two
children, who are presently residing in their independent
matrimonial homes;


4. That the petitioner is a housewife and has not engaged in any

business due to physical assault by her husband and in laws
she had to shift to her parents residence.


5. That the petitioner is facing di culty is maintaining herself and

her marital duties.


6. I submit that I led the above M.C. for Maintenance Under

Sec. 125 of Cr. P. C and also led Petition for Interim
Maintenance under Sec. 125 (1) of Cr. P.C.

SHIMLA

DATED: PETITIONER

VERIFICATION:

The above-named petitioner states on solemn a rmation that the

contents of this a davit are true to the petitioner’s knowledge,
information and belief and no part of it is false and nothing is wrong
herein.

Veri ed at Shimla court.

PETITIONER

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