1

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,

XXX( PLACE), XXX (CITY)

HMA PETITION NO OF XXX (YEAR)

In the matter of:-

ABC PETITIONER

VERSUS

XYZ RESPONDENT

INDEX

S. PARTICULARS PAGES
NO

Memo of Parties
1.

2 Divorce Petition under Section 13(1) (ia) & (ib) of the

Hindu Marriage Act with Affidavit

3 Marriage Certificate

4. Marriage Photograph of parties

5. ID Card

6. Vakalatnama

PETITIONER

XXX (PLACE)

DATED:

FILED BY

Advocate
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IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,

XXX (PLACE), XXX (CITY)

HMA PETITION NO………………. OF XXX (YEAR)

In the matter of:-

ABC ……PETITIONER

VERSUS

XYZ ……RESPONDENT

MEMO OF PARTIES

ABC (NAME)

XXX (ADDRESS)

XXX (CITY),

XXX (PINCODE) ……PETITIONER

VERSUS

XYZ (NAME)

XXX (ADDRESS)

XXX (CITY),

XXX (PINCODE) ……. RESPONDENT

XXX (PLACE). PETITIONER

DATED:- THROUGH: (Advocate)

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IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,

XXX (PLACE), XXX (CITY)

MATRIMONIAL PETITION NO………………. OF XXX (YEAR)

In the matter of:-

ABC ……PETITIONER

VERSUS

XYZ ……RESPONDENT

PETITION FOR DISSOLUTION OF MARRIAGE BY WAY OF DECREE OF

DIVORCE UNDER SECTION 13(1)(ia) and (ib) OF THE HINDU MARRIAGE

ACT, 1955.

Most Respectfully Showeth:-

1. That the present petition seeking dissolution of marriage is

being filed under circumstances where by The Petitioner

(Husband) is constrained to seek divorce from The Respondent

(Wife) on the grounds of him being subjected to unreasonable

behaviour, repeated acts of mental, physical, social and

psychological cruelty.

2. That the Petitioner and Respondent both were divorcee

( before the present marriage ) and the present marriage is their

second marriage with each other. The petitioner and the

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respondent met each other through a matrimonial portal. The

Petitioner and the Respondent were married on XXX (DATE)

according to Hindu Rites in presence of their family members at

XXX (Address); within the jurisdiction of this Hon'ble Court. An

affidavit in support of marriage is annexed along with this

divorce petition..

3. That marital status and place of resident of parties before

marriage and t the time of filing the present petition was/is as

follow :-

(i) Before Marriage

Husband Wife

Status Age Place of Status Age Place of

residence residence

Hindu About XXX Hindu About XXX

Divorcee xx (ADDRESS) Divorcee XX (ADDRESS)

years years

(ii) At the time of filing of the petition

Husband Wife

Status Age Place of Status Age Place of

residence residence

Hindu About XXX Hindu Age XXX

(ADDRESS)
Married XX married about (ADDRESS)

years XX years
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4. That the wedding of the parties was a simple affair and only

immediate family members attended the marriage ceremony

which was solemnized in XXX (PLACE OF MARRIAGE). The

Petitioner’s father and Respondent’s younger brother were

present as witnesses at the time of registry of marriage in the

Court. The parties ( the petitioner and the respondent ) had a

lunch and dinner arranged by the Respondent’s side for their

family of 4. No dowry or gifts of any kind was taken by the

Petitioner’s family. The Petitioner’s mother and sister helped in

arranging the Respondent’s trousseau, which included Indian

attire and jewellery, as well as makeup, western clothing,

handbags, lingerie, shoes, and other women items.

5. That after marriage both parties i.e. the petitioner and the

respondent came to XXX (PLACE) and lived together in XXX

(PLACE). The respondent lived in XXX (PLACE) with the

petitioner and the petitioner provided all love, respect to the

respondent and in return expected that the respondent should

live peacefully a happy married life. The parties lived in a

luxurious condominium but after marriage; the petitioner came

to know that the respondent is not a peace loving, affectionate

person. On the contrary, she ( the respondent ) was a very

unreasonable , cruel and bitter person. She was neither having

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love and affection towards the petitioner nor was interested in

the petitioner. She got married to the petitioner only because the

petitioner was in XXX (PLACE) and she wanted to have a

luxurious life in a foreign country.

6. That it will not be out of place to mention that the

Petitioner met the Respondent through a matrimonial portal and

at that time, the respondent informed that she was a well-

educated professional working as a network engineer. However,

it later came to the knowledge of the petitioner that the

Respondent had presented an incorrect picture of her

qualifications and was not actually an engineer.

7. That while living with the petitioner, the respondent had an

elusive behaviour and would behave confused. She was not

interested in the family life, showed little interest in mingling

with the petitioner’s family, would prefer to spend majority time

alone outdoors, used foul language and lived in the house as a

stranger.

8. That the Respondent had frequent emotional outbursts

which seemed to be triggered randomly. After some time, the

Respondent revealed that her father was an abusive and

alcoholic, who mistreated her and her mother. The Petitioner

believes that Respondent’s outbursts are a result of the

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emotional and psychological trauma she had faced in her

childhood.

9. That the Petitioner confided in his family about his

partner's past and was advised to try and make the relationship

work. The Petitioner made efforts to make respondent feel special

by going on frequent outings, buying expensive gifts including

jewellery, and traveling internationally together. However,

despite being happy while they were out, the respondent’s inner

unhappiness and emotional distress stemming from past abuse

would resurface once they returned home.

10. That the Respondent had low self-esteem due to her weight

and her past trauma. The Petitioner paid for her to join a weight

loss program, which helped her lose a significant amount of

weight. He also provided her with a monthly allowance of XXX

(AMOUNT) for her personal needs and a separate allowance for

household expenses. However, she struggled with managing her

money and would spend it all on shopping. When she

complained about not having enough money, the Petitioner

opened a joint account and started depositing her allowance

there.

11. That during stay at XXX (PLACE), the Petitioner noticed

several incidents where respondent would disappear from home

at odd hours and not provide a clear explanation for her

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whereabouts when asked. The Respondent’s reasons for

disappearing varied from going to the XXX (PLACE) or the mall,

but the timing and frequency of these disappearances raised

suspicion. The Petitioner confided in his parents, who tried to

talk to the Respondent but were met with emotional outbursts.

12. That the Petitioner describes a pattern of behaviour in his

marriage where the Respondent would often purposely bring up

sensitive topics during meals, leading to arguments and the

Respondent abusing and leaving abruptly. This was a cause of

mental cruelty and agony for the petitioner. This behaviour of

the respondent caused the Petitioner extreme mental distress

and affected his personal and work life. To escape the toxic

environment at home, the petitioner started spending more time

with his friends outside and got introduced to Casino, which is

considered as a legal recreational activity in XXX (PLACE) and is

not prohibited.

13. That the Petitioner and Respondent had been struggling

with infertility and consulted a fertility doctor before the COVID-

19 pandemic hit. Due to the pandemic, they were unable to

continue their treatment. The pressure from family and friends

who are having children led to verbal confrontations between the

couple, with the Respondent pressuring the Petitioner to adopt a

child. However, the Petitioner believed that they need to work on

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their relationship and a healthy home environment before

bringing in a child due to the Respondent’s constant abusive

language, harassment and unreasonable behaviour caused to

the petitioner.

14. That Petitioner’s parents are retired and living comfortably

off their savings in XXX (PLACE). They provided for the

Petitioner’s education and paid for his MBA in XXX (PLACE) and

a lavish first wedding. The Petitioner’s sister also left her career

in XXX (PLACE) to support the Petitioner in XXX (PLACE) after

his first divorce, where she did well professionally and later

moved to the XXX (PLACE) for higher education at her own merit

and expense and got married. The Petitioner did not provide any

financial support to his sister. On the contrary, the petitioner’s

sister always supported the petitioner and the family whenever

there was any need, financially or otherwise.

15. That the Petitioner’s parents are senior citizens and are

living alone in XXX (PLACE) so the petitioner provides a fixed

monthly allowance to his parents, which was criticized by the

Respondent who would curse and demean the Petitioner’s family.

However, when Respondent found out that the Petitioner’s sister

had helped them financially, she changed her stance and asked

the Petitioner not to pay her back. The Petitioner’s sister paid for

all the wedding shopping and hosted Respondent in XXX

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(PLACE) for a month and in the XXX (PLACE) for XX days during

her wedding.

16. That the respondent has been struggling to find a job and

has been unsuccessful in several interviews. On this, the

Respondent blamed the Petitioner for not supporting her job

search and accused him of not being a resident, is affecting her

job interviews. The petitioner at no point of time, stopped the

respondent to apply for any job / to do any work in XXX (PLACE)

but even then the respondent used to accuse the Petitioner for

not allowing her to work. This attitude and behaviour of the

respondent had caused great mental agony to the petitioner.

There used to be many more incidents which have caused

mental agony, stress and cruelty to the petitioner.

17. That the Respondent lacked interest in building

meaningful relationships and friendships, and even pulled

herself out of her social circle in the condominium, limiting it

largely to her mother. The Respondent has a passion for cooking

and was encouraged to start a social media page to showcase her

talent. The petitioner’s parents and sister supported her by

sharing pictures of food they cooked, but the Respondent made

little effort to promote herself and was overly dependent on

others. The respondent was not interested in doing any work

rather used to abuse the petitioner for her failure and not getting
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any job etc. The respondent had a bad, unreasonable behaviour

and would pressurize petitioner to do things her way that caused

him lot of stress.

18. That the respondent is a devious and a greedy person. She

can go to any extent for the sake of money. The respondent was

not at all interested in petitioner’s family members. She was only

interested in their money. The Petitioner and his sister are the

only children of their parents. The respondent was not interested

to live together with petitioners parents or talk to his sister, but

she was interested in the property of the her in-laws. She was

interested in petitioner’s parents property. She put pressure

upon the petitioner to insist the petitioner’s parents to have the

property transferred to the respondent’s name. The Respondent

was worried that the Petitioner’s sister, who often supports their

parents and has children, would also have a claim to the

property. The respondent was not liking the idea that the

petitioner’s family should give their property to the daughter of

the family. This caused regular fights between the Petitioner and

Respondent, and when their parents found out, they agreed to

transfer the property to Petitioner’s name to resolve the conflict if

it helps improve their relationship. The Respondent agreed on

condition stating that the property would belong solely to the

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Petitioner after their father's passing. She witnessed the signing

of the will.

19. That last year, one evening the petitioner was sitting in his

home, (in XXX (PLACE)) when two police officers came home and

told that the respondent (wife of the petitioner) had made a

complaint. The officers asked the Respondent if there was any

physical harm or force used against her (the respondent), which

she denied. She explained that there was only verbal

confrontations between them. The police officers suggested that

she (the respondent) should approach the family courts in case

of any personal dispute. The Petitioner was shocked and

confused about the complaint lodged by the respondent. In fact,

there was no such fight or incident which may force the

respondent to call Police. They had disagreement on usual issues

(child, property etc) and the respondent wanted to control the

petitioner and pressurize him to do what she wants. In fact this

incident had caused a serious dent in their relationship, besides

leaving the Petitioner feeling mentally and emotionally shattered

and living in constant fear of his wife/ the respondent.

Thereafter, the petitioner was living in constant fear that the

respondent can go to any extent and can harm the reputation of

the petitioner to any extent. The petitioner asked the respondent

why she behaved in that manner, on this the petitioner said that
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she is not interested in living with the petitioner but will not

leave the petitioner so easy. She demanded a house and XXX

(AMOUNT) and threatened the petitioner that she will get the

amount by hook or crook. Since then, the petitioner is in

constant fear and is living a disturbed life which amounts to

cruelty to the petitioner.

20. That the Petitioner had the desire to move back to India

and start a business, but Respondent was against the idea of

moving to XXX (PLACE). They had looked into immigration

options to XXX (PLACE) but did not pursue it due to not meeting

the requirements. The Respondent wanted the Petitioner’s

parents to sell their house and use the money to apply for an

investor's visa in XXX (PLACE), but the Petitioner refused. On

this, the behaviour of the respondent became extremely cruel

and harsh. She used to often fight, abuse in filthy language and

was not interested in understanding the situation. The

behaviour and attitude of the respondent caused great mental

torture amounting to cruelty to the petitioner.

21. That the Petitioner’s parents are elderly and physically

frail, and the Petitioner had not been able to visit them due to

Covid and other circumstances for more than XX years. The

Petitioner’s partner, the Respondent on the other hand , went to

visit her own family almost every year, both in XXX (PLACE) and
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in XXX (PLACE) including during Covid, spending extended time

traveling around meeting her own relatives whilst giving little

priority to visit the Petitioner’s parents during these trips. This

behaviour of the respondent caused great mental cruelty to the

petitioner.

22. That the Petitioner wanted to visit his parents in XXX

(PLACE), however the Respondent pressurized and fought with

him to instead first call her mother to XXX (PLACE) and sponsor

her. The Petitioner’s mother-in-law visited their home in XXX

(PLACE) for a month on petitioners sponsorship and there were

no issues or fights during her stay. The Petitioner and

Respondent spent time with her and the Respondent even slept

in the guest room with her mother to give her company. The

Petitioner questions why there were no complaints or issues

raised during this time, and points out that the Respondent later

thanked the Petitioner for taking care of her mother. The

Petitioner also sent gifts to the Respondent’s family members,

who later thanked him. From this incident , it is very much clear

that the respondent is a great dramatist as well as actor who can

play perfect role if she wishes. The respondent was never

reasonable and open to any discussion in good spirit. All this

caused great mental trauma and cruelty to the petitioner. In fact

the attitude and behaviour of the respondent caused mental and

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emotional cruelty to the petitioner and the petitioner has not got

rid of such attitude of the respondent despite making the

respondent understand.

23. That the Petitioner planned to visit his parents in XXX

(YEAR) and expressed his desire that the respondent should also

visit her in-laws. The Respondent, however, did not want to go to

XXX (PLACE) to visit the Petitioner’s family as she wanted the

Petitioner to talk to them about downsizing. The Petitioner

ultimately went to visit his parents alone and stayed for XX days

and returned before Diwali, missing the festival with his old

parents due to Respondent’s cold attitude and lack of support.

This is one of the incident, there was many more such incidents,

which have caused cruelty to the petitioner.

24. That in XXX (YEAR), the Petitioner experienced chest pain,

shortness of breath, and other symptoms indicative of a heart

attack. He sought medical attention and was prescribed

medication for gas, but the symptoms persisted and worsened.

Over the next XX days, the petitioner suffered 7-8 instances of

precursory attacks while at home. The Petitioner mentioned he

was in excruciating pain while these attacks lasted thus finding

himself unable to seek help at that moment. Later when the

petitioner went to a nearby clinic for a check-up, he experienced

another precursory attack and was immediately rushed to the

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hospital by the clinic. Throughout this ordeal, the Respondent,

witnessed several of the precursory attacks but did not feel

overwhelmed for the petitioner (her husband’s) well-being, and

did not call for help or notify the family. Subsequently, the

petitioner was diagnosed with a heart attack and underwent an

angioplasty to address blockages in his arteries. The Petitioner’s

sister had to intervene and make the respondent call the

hospital when the Petitioner had another attack while in the

ICU. The Respondent argued with the sister instead of

prioritizing the petitioner’s health. During this period, the

attitude of the respondent was not at all caring or sympathetic

towards the petitioner. It seems that the respondent wanted

something worse to happen. The petitioner does not want to

remember all that because there cannot be worse attitude of a

spouse! In fact, the respondent was not at all interested in the

well-being of the petitioner. While the petitioner underwent

surgery in hospital, the respondent was busy dining out, visiting

parks and mall, enjoying her life to full.

25. That the Petitioner has two insurance policies in XXX

(PLACE): personal life insurance worth XXX (AMOUNT) and

health insurance mandated by the employer. He shared a copy of

the life insurance policy with his family members, including the

Respondent, his parents, and his sister, at the time of being

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diagnosed with heart attack and taken for surgery. The policy's

beneficiaries are his parents, the Respondent, and sister, with

the sister being assigned the highest share of 64%. The

Petitioner had borrowed from his sister during his hardship and

wanted to ensure that his sister was paid back for always

coming forward to help him and his family. The Petitioner had a

second insurance through his employer that covers injury,

hospitalization, or major illness. His treatment for a heart attack

was fully covered, but the cost exceeded the initial approved limit

of XXX (AMOUNT). The Petitioner personally submitted a copy of

his insurance to the hospital administration desk and sent a

copy to the Respondent asking her to make sure to inform the

administration desk for a top-up upon conformation of need for

surgery by the doctors. However, Respondent did not request a

top-up from the hospital or inform the Petitioner at the time of

discharge. The Petitioner received an email from the hospital XX

days later saying that he had outstanding dues and needed to

pay them or his creditworthiness would be impacted. So, the

petitioner was quite upset with the attitude and behaviour of the

respondent. The respondent had not left a single occasion to

cause cruelty towards the petitioner. She had not behaved life a

spouse rather her behaviour, attitude was like a stranger. She

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has never shown any love and affection towards the petitioner,

on the contrary, her behaviour was unlike a family member.

26. That the Respondent threatened the Petitioner to change

the nomination for his life insurance or get ready to face

consequences, causing the Petitioner to become stressed. It took

the Petitioner XX weeks to settle the situation with the help of

his sister, by borrowing the money needed to pay for the

hospital. When he received the money from the insurance

company, he returned it to his sister. For this episode, it was

clear that the respondent was not standing with the petitioner

like a spouse or life partner rather she was creating continued

obstacles in the life of the petitioner. The respondent was giving

stress to the petitioner, all this had caused great mental cruelty,

emotional and financial cruelty on the part of the respondent.

27. That it is submitted that the Petitioner and the Respondent

had booked air-tickets to travel to petitioner’s house in XXX

(PLACE) in Feb XXX (YEAR) for XX days to meet petitioners sister

and her family visiting first time after marriage in XX years. The

respondent was to thereafter stay back for XX weeks in XXX

(PLACE) to meet her brother and return back to XXX (PLACE) on

XXX (DATE). Showcasing her unreasonable attitude, just XX

days before travel, respondent asks petitioner to shorten his visit

to his parents to XX days as she wants to go for a holiday in XXX

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(PLACE) with her brother and sister-in-law. When the petitioner

refused, the respondent started abusing and threatening that

she will not go to her in-laws house at all ensuring they face

embarrassment in society, and would only go to meet her

brother. The petitioner felt emotionally exasperated and totally

alienated by the respondent. The petitioner visits his family

alone and suffers great embarrassment, mental stress and

disappointment intentionally caused by his wife/ the

respondent.

28. The Respondent left XXX (PLACE) in a well-designed, pre-

meditated manner and took away with her all personal

documentation including her certificates, personal laptop as well

other valuable items such as jewellery bought by the Petitioner

over the years or those gifted by the family members of the

petitioner, his parents, without intimation or prior consent of the

Petitioner. To pack away for a XX week trip in such a manner

seems illogical when her return ticket was pre-booked for XXX

(DATE). In fact, the petitioner did not checked what she had

taken away and came to know about it only when he realised

that the respondent had cancelled her plan to come back.

29. That on XXX (DATE), the respondent was supposed to

come back to XXX (PLACE) but the respondent did not return

back to XXX (PLACE) on the day her itinerary was booked for by
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the petitioner, nor did she choose to inform or request the

petitioner to reschedule it for a later date. The respondent

maliciously waited until after the day of her supposed travel for

the itinerary to go waste and then sent a text to petitioner that

she is not coming yet. In total disregard to her relationship, at no

point did she care to speak with the petitioner. On the contrary,

when petitioner tried to call her, she avoided carrying any

conversation on the pretext that she is at her brothers in-laws

house and can’t talk.

30. That there was no communication between the petitioner

and the respondent did not share any definite plans for her

intention to return home and despite continued attempts on

behalf of the petitioner to establish communication with her

through text and phone, she choose to avoid him. At no point in

time during these days did respondent show any genuine

interest or concern in salvaging her relationship with the

petitioner. Exhibiting callous lack of affection and total

harshness, she continued to text the petitioner bitter messages

that were laced with lies, hatred and complete hostility.

31. That with the above described facts and circumstances, the

petitioner recollected all the past incidents and realised that the

petitioner is taking care of the respondent but the respondent is

not at all interested either in the petitioner or in the relationship

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of marriage, on the contrary is behaving unlike a spouse. The

petitioner introspected during this time, and realised, when he

checked that the respondent had deserted the petitioner with the

intentions, not to come back to matrimonial home. The

petitioner understood that his relationship with the respondent

has reached a point of beyond repair and took a firm decision to

dissolve this marriage. The futile attempts made in last few

weeks to have a mature, sane conversation direct with the

respondent made him realize the need for legal counselling and

mediation to be able to reach an amicable conclusion. But the

respondent was not willing to talk on the subject matter. Once

the petitioner was talking on WhatsApp, the respondent

threatened the petitioner with dire consequences. Thereafter,

the petitioner took a decision to break this relationship which is

irreparable. The petitioner cancelled the respondent’s dependent

pass accordingly and informed her of the same immediately.

32. That, the petitioner has been avoiding to break the

relationship but the respondent’s threats, verbal abuse and

harassment continues when the respondent came to know that

the petitioner had cancelled her status as dependent upon the

petitioner for the purpose of VISA. In a sudden jolt to her plans,

the respondent woke up on the news of her visa cancellation and

started to threaten the petitioner of legal consequences for

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cancelling her dependent pass and harassing him to immediately

reinstate her status as she intended to now come back on a

certain date. To this day, she did not felt the need to speak or

connect with the petitioner in any way to discuss and resolve the

issues in their marriage. The Petitioner informed the respondent

that they would need external counselling and help to mediate

their differences, to which the respondent kept saying the matter

is between them and she will talk about it only when she’s in

XXX (PLACE); notwithstanding the fact that they are unable to

resolve matter at their end for almost XX years now. The

petitioner knew that the respondent is not interested in him or

the marriage but only wants to return to be able to continue

living a lavish lifestyle in a foreign country at his expense while

abusing the relationship and taking the law of the land for

granted by putting false accusations on the petitioner.

33. It is submitted that with the hope to resolve the matter

harmoniously, the petitioner had sought assistance from an

NGO to mediate between the petitioner and the respondent. The

petitioner had requested the NGO to approach the respondent to

ask them to provide a reasonable settlement amicably. The

petitioner requested to settle the dispute and dissolve the

marriage. The respondent came back stating an outrageous XXX

(amount) as settlement. When told by the NGO representative

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that the petitioner’s financial situation doesn’t match with her

ask, the respondent blatantly states that she doesn’t care

whether the petitioner gets the money from borrowing or selling

property or get the money from the petitioner’s parents after

selling their house to fulfil her malicious demands. This incident

yet again highlights the respondent’s mal-intentions in the

marriage from early stages leading up to this day. In such a

situation there is no scope of any sought of reconciliation

specially because the respondent’s intentions are to file false

cases for domestic violence.

34. That Travel to XXX (PLACE) & Harassment: whilst the

communication between the lawyer from the petitioner and the

respondent is on-going; the respondent discreetly travels to XXX

(PLACE) on XXX (DATE) on a visit pass without any foreword

either to the husband ( the petitioner ) or anyone else. The

respondent then unannounced lands on the petitioner’s doorstep

on a weekday XXX (DAY) afternoon, fully cognizant of the fact

that the petitioner will be at work at that hour of the day. She

attempts to unlock the door with her key, that on a previous

occasion she mentioned she has lost, and is unable to gain

access. In utter frustration the respondent calls the petitioner

from an unknown number, who incidentally at that time was in

a meeting in XXX (PLACE) , and starts screaming crazily at top of

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her voice, threatening the petitioner to open the door

immediately. The petitioner instead asks the respondent to meet

him at the court and disconnects the call. A few minutes later,

the respondent calls back again. At his lawyers behest, the

petitioner picks the call, this time on a speaker, with the

respondent shouting from the other end that she will destroy the

petitioner and make him regret. The conversation is heard by the

lawyer and the paralegal staff. The respondent’s intentions were

to sneak into the petitioner’s house without informing him and

run away with his valuables and other belongings. Both the

landlord and the police were informed of the incident with the

landlord clearly telling the respondent that she needs to work

the situation in an ethical and legal manner.

35. That the respondent requested for Court mediation in XXX

(PLACE) seeking maintenance of XXX (AMOUNT) monthly. She

was given a counter offer of XXX (AMOUNT) that she declined

stating unreasonable expectations for a fully furnished

apartment, make-up, recreation, insurance and other frivolous

activities. As she was indecisive and kept calling her brother in

India for guidance who probably advised her not to negotiate any

lower, the mediator told the respondent that mediation cannot

help her with any number of hearings and the case is being sent

to the Courts who will decide upon a hearing date. The

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Respondent’s action yet again reflects her greedy persona, her

unreasonable state of mind exhibiting her limited trust in the

Indian judiciary where the mediation was already initiated with

her and her lawyer.

36. That in blatant lie, the respondent next day i.e. on XXX

(DATE), goes to the women charter and files a domestic violence

case on the petitioner for an alleged harassment she stated she

faced on XXX (DATE), a day prior to her travel with the petitioner

to XXX (PLACE). The respondent did not report of any such

incident in XXX (PLACE) on XXX (DATE) rather shopped around

in malls for her upcoming travel on the XXX (DATE). She also

interestingly doesn’t mention or report any such incident to any

authority in XXX (PLACE) rather goes on a holiday trip to XXX

(PLACE) for XX days. The incident is one of several instances

that reflects the respondent’s mischievous and unreasonable

state of mind with intention to cause harm and distress to the

petitioner.

37. That as mentioned herein above, the petitioner has

shattered very badly and cannot live under the constant fear and

threats that the respondent may harm the petitioner and his

family members to drag them to court and Police. Hence the

petitioner for the sake of his own reputation and safety wants to

end the marriage tie with the respondent peacefully. But the
 26

respondent is having bad intentions to harm the petitioner and

his family hence the petitioner is left with no alternative except

to approach this Hon’ble Court to dissolve the present marriage

which took place between the petitioner and the respondent on

XXX (DATE) and accordingly prays to grant a decree of divorce.

38. That it is submitted that the respondent had caused to the

petitioner extreme mental cruelty and the conduct of respondent

is continuously causing mental suffering and fear to the

matrimonial life of the petitioner. There is a reasonable

apprehension in the mind of the petitioner that the respondent’s

stay with the petitioner would be harmful and injurious for the

petitioner. The petitioner has been living with the respondent

under constant fear and in fact is living separately under one

roof. There is constant fear to live with the respondent and the

fear has been increasing day by day with unreasonable and cruel

behaviour of the respondent. The day to day conduct of the

respondent is such that now, it has become just impossible to

live with the respondent. Not only this, the conduct of the

respondent is such, specially the way the respondent left the

petitioner in XXX (PLACE), the way she had not come back and

the manner she had taken away all her valuables from the

matrimonial home without disclosing about it to the petitioner

and even without the knowledge of the petitioner, it had made

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very much clear that the last thread of trust between the parties

had broken completely. It is important to note that despite all

this the threats given by the respondent have made it clear that

there is no further scope to trust the respondent and in fact the

matrimonial tie had been broken completely. In all, the

petitioner’s living with the respondent is adversely affecting the

petitioner’s health. Hence he cannot take any risk to live with the

petitioner, thus wants dissolution of the present marriage

between the parties.

39. That on XXX (DATE), a letter of advice cum Legal Notice

was given to the respondent but no reply from the respondent

was received. The respondent expressed no desire to solve the

issue by mutual consent. In fact, the conduct of the respondent

shows that she has intention to bring the marriage to a

permanent end but she wants to grab the money whatever

maximum amount she may grab and for this purpose she can

also file false cases against the petitioner, as threatened by her.

40. That the respondent had departed from the normal

standard of conjugal kindness and cohesion and her conduct is

absolutely inconsistent with marital ties leaving no possibility of

continuity of marriage.

41. That the petitioner and his family members have felt

immensely humiliated, belittled, ridiculed, agonized and

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harassed. It is impossible for the petitioner to live with the

respondent without further mental agony, torture and

harassment and e petitioner apprehends that there is a danger

to his life and mental health if the petitioner and respondent live

together, in fact, the existence of this marriage will force the

petitioner to suffer from mental disorders.

42. That the petitioner and the respondent were Hindu before

the marriage and continue to be Hindus and as such are

governed by Hindu Laws.

43. That the petitioner has not in any manner condoned the

acts of cruelty and unreasonable behaviour of the respondent at

any stage or in any manner.

44. That there have not been any previous divorce proceedings

by / between the parties to the present petition.

45. That the present petition is not presented in collusion with

the respondent.

46. That there is no unnecessary or improper delay in

presenting the present petition before this Hon’ble Court.

47. That cause of action for filing the present petition firstly

arose when the parties were married on XXX (DATE). The cause

of action further arose when after the marriage, the respondent

started treating the petitioner with the various acts of cruelty as

mentioned in forgoing paras. The cause of action further arose

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when the parties started living as stranger and the respondent

refused to have conjugal relations with the petitioner. The cause

of action further accrued when despite several opportunities, the

respondent refused to listen the petitioner and it has aggravated

on each and every conduct /action and unreasonable and cruel

behaviour of the respondent.

48. That there is no legal bar why the relief prayed should not

be granted to the petitioner.

49. That the petitioner and the respondent were married in

XXX (PLACE) under the jurisdiction of this Hon’ble Court; hence

this Hon’ble is having the jurisdiction to try and adjudicate the

present petition.

50. That proper court fee as prescribed by law is paid, The

petitioner undertakes to pay deficit court fee , if any, as and

when directed by this Hon’ble Court.

PRAYER

It is respectfully prayed that:-

a) The marriage between the Petitioner and the respondent may be

dissolved by the decree of divorce as provided for under Section 13(1)

(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 as amended up to

date.
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b) For grant of decree of Divorce in favour of Petitioner and the

marriage between the parties may please be dissolved by a decree of

divorce; and

c) Any other relief or reliefs which the court may deem proper

under the circumstances be also awarded to the Petitioner

XXX (PLACE)
PETITIONER

DATED:- THROUGH:-

FILED BY

XXX , Advocate

VERIFICATION:-

The above mentioned petitioner states on solemn affirmation that Para

No. 1 to 38 and paras 39 to 41 are legal submissions and all paras 01

to 41 of the above petition are true and correct to the best of the

petitioner’s information and belief. That the para is a humble prayer to

this Hon’ble Court.

Verified at XXX (PLACE) on this XXX (DATE).

PETITIONER
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IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,

XXX (PLACE), XXX (CITY)

HMA PETITION NO OF XXX (YEAR)

In the matter of:-

ABC PETITIONER

VERSUS

XYZ RESPONDENT

AFFIDAVIT

I, ABC(NAME) (Age XX years) S/o XXX (NAME) Occupation (XXX),

R/O XXX (ADDRESS), the deponent do hereby solemnly affirm and state

as under :-

1. That the deponent is the Petitioner in the present petition under Section

13(1) (ia) and (ib) of the Hindu Marriage Act, 1955 and is well conversant with

the facts of the case and is competent to swear the present affidavit.
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2. That the deponent was married to the Respondent at XXX (PLACE) on

XXX (DATE) according to Hindu customs and Rites at XXX (PLACE).

3. That the petitioner/deponent has not condoned the acts of cruelty (which

have been committed by the respondent towards the petitioner), in any

manner.

4. That the present petition is not presented in collusion with the respondent.

5. That the accompanying Petition has been drafted by my counsel under the

Instructions given by me and the contents of the same has been read over

and explained to me in vernacular and the contents of the same are true and

correct and nothing material has been concealed therefrom.

6. That the content of the accompanying petition be read as part and parcel of

this affidavit as the same are not being reproduced herein in order to avoid

repetition.

DEPONENT

VERIFICATION:-

Verified at XXX (PLACE) on this XXX (DATE) that the content of

the above affidavit are true and correct to my knowledge and belief and

nothing material has been concealed therefrom.

DEPONENT
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