IN THE FAMILY COURT, AT BANDRA,

MUMBAI

PETITION NO._______ OF 2021

MRS. JYOTI JAYANT GHOSALKAR …PETITIONER

Versus

MR. JAYANT GHOSALKAR …RESPONDENT

INDEX

Sr.No. Particulars Page No.

1 ROZNAMA

2 PETITION

3 AFFIDAVIT IN SUPPORT

OF PETITION

4 LIST OF DOCUMENTS

EXHIBIT A- MARRIAGE

PHOTOGRAPH AND

CERTIFICATE

EXHIBIT B- ADHAR CARD OF

PETITIONER

5 MEMORANDUM OF ADDRESS

6 VAKALATNAMA

7 DOCKET

IN THE FAMILY COURT AT BANDRA, MUMBAI

 M.J. PETITION NO. OF A/ /2021

In the matter of section 13(1)(ia) of

Hindu Marriage Act, 1955, for
dissolution of the marriage of the
Petitioner with Respondent
solemnized at 02/07/2014 at
Malad, Mumbai.

Mrs. Jyoti Ghosalkar W/o Jayant )

Ramesh Ghosalkar, Aged: 34 years, Occ: )
Service, Indian Inhabitant, adult, Hindu, )
domiciled Maharashtra, residing at house )
no. 1779, Post hindalga, Ganeshpur, )
Belgavi 591108. )
Mob: 9004889792 )
Email ID: jyotipatil86@gmail.com )
@gmail.com ) …Petitioner
VS

MR. Jayant Ghosalkar S/o Ramesh )

Ghosalkar, Aged: 35 years, Indian )
Inhabitant; adult, domiciled Maharashtra, )
Occ: Service and business R/at Cosmic )
Heritage 1001, 10th Floor, Above Bharat )
Bank, Triveni Nagar, Malad East, Mumbai )
400097 )
Mob: 9820666564 )
Email:ghosalkar.jayant@gmail.com ) …Respondent

TO,
THE HON’BLE PRINCIPAL JUDGE
AND OTHER HON’BLE JUDGES OF
THE HON’BLE FAMILY COURT AT
MUMBAI.

THE HUMBLE PETITION OF THE PETITIONER ABOVENAMED

MOST RESPECTFULLY SHEWETH:

1. The Petitioner Mrs. Jyoti Anand Patil married re-

spondent on 2nd July, 2014 at Mumbai as per
Hindu Vedic rites and customs. The said marriage
was arranged marriage. At the time of marriage,
the Petitioner was a spinster and respondent was a
bachelor. The Petitioner states that the said mar-
riage is registered/not registered. Hereto annexed
as Exhibit- “A” Marriage photos of the Respon-
dent and the Petitioner and Marriage Invitation
Card/Marriage Certificate. Petitioner and Re-
spondent both are adults, Hindus, Indian Inhabi-
tant and domiciled at Maharashtra.

2. The Petitioner and Respondent commenced cohabi-

tation at Malad East, Mumbai after marriage and
their marriage is consummated and they have one
issue named “Dhruti” aged 5 yrs. At present the
daughter is in care and custody of petitioner
mother.

3. That the Respondent and Petitioner begun their life

together as husband and wife and the Petitioner
was looking forward to life of togetherness and
compassion for one and another. The Petitioner
and the Respondent resided in the Petitioner’s
 house together and she ensured that respondent is
provided with all the emotional support in his life.
The Petitioner states that she believed that the Re-
spondent was as happy as she was with the mar-
riage.

4. Petitioner states that she met Respondent through

a matrimonial website named Bharat matrimonial,
Respondent’s family liked petitioner’s profile and so
Respondent’s Aunty (Mrs. Mansi Limaye) contacted
the family of Petitioner and both the families met in
a coffee shop in Andheri for the first time. The sec-
ond time the Petitioner and Respondent met, the
Petitioner with good faith and to build trust told ev-
erything about her past life. However, Respondent
did not tell much about him even after much con-
frontation and repeatedly asked by the Petitioner.
The Respondent lied about his lifestyle and as-
sured Petitioner that he is financially stable and
owned a car and a house in his name and will pur-
sue his master after a year.

5. The Respondent also assured that he was initially

living with his parents however, parents will move
out of the house within 6 months after marriage
Which still date never happened inspite of Petition-
ers parents insisted respondent parents so many
times. started introducing Respondent to her
friends and they all partied together and also went
for late night trips. Respondent was amazed with
the lifestyle of the Petitioner and with her goals,
ambitions, and thereafter he confirmed to his fam-
ily for marriage. Respondent also introduced Peti-
tioner to his set of friends, whom he never met post
school days and it was just to showcase it to Peti-
tioner that he too have group of friends, he started
 reuniting with them. However, Petitioner from what
was depicted in front of her, she got convinced that
respondent also has similar life goals and liking
and so she also gave nod for marriage.

6. Petitioner states that Respondent along with his

friends planned a trip to UTTAN and proposed the
Petitioner in presence of his friends. Petitioner was
astounded by this act of Respondent and she fell in
love with the Respondent, little did she knew that
this was all to get Petitioner entangled in the bobby
trap.

7. Petitioner states that to lure her, the Respondent

introduced her to his friends whom he was meeting
after a long time to show that he also had a wide
friend circle. However, the Petitioner came to know
about his lie after their marriage that it was all a
hoax and mere showoff. This made the petitioner to
ask her parents to proceed and decide the date of
marriage.

8. Petitioner states that as after Respondent’s pro-

posal, the Petitioner along with her family visited
Respondent’s house, where they were convinced
that they should proceed with the marriage soon
and so, a date of 2nd July, 2014 was decided. The
marriage took place Saraf hall at Malad East ac-
cording to all the Hindu ceremonies. It is pertinent
to mention here that the courtship period was only
35-40 days as Respondent and his parents were in
a hurry for marriage.
9. Petitioner states that the initial 6 months were all
normal and everything was going smoothly. How-
ever, after 6 months, the In-Laws of Petitioner
started pressuring the Petitioner to bear a child
 soon, to which she was uncertain as she was as-
sured that the Respondent was disinterested in
having a child. The Petitioner came to know that
she was pregnant on march 2015, as everyone in
family was informed that the Petitioner was preg-
nant, Respondent had no choice but to keep the
pregnancy else he had directed Petitioner to abort
the child.

10. Petitioner states that as Respondent did not

want a child, he started showing his true colors.
After knowing that the Petitioner was pregnant, the
Respondent stopped talking to her, did never pay
any heed or attention to her sufferings. The Peti-
tioner was bearing all the pain of Pregnancy her-
self. The petitioner was all by herself even though
the child was their legitimate one.

11. Petitioner states that there were talks within the

family of her in laws which was never liked by the
Petitioner, she even had petty fights with her in
laws, especially her aunt-in-law who would talk co-
ercive things behind the Petitioner’s back which
had great impact on respondent.

12. The Petitioner states that all the expenses of medi-

cal diagnostics, doctor’s fees, medical supplies,
food and miscellaneous expenses during and after
her pregnancy were being borne by herself. Peti-
tioner was deprived of that special love and affec-
tion of husband while she was carrying a child of
their love in her womb. Infact Petitioner hear her
Mother in Law directing Respondent not to pay for
her medical expenses.

13.The Petitioner further states that he would some-

 times accompany her for the doctor’s appointment
but, would never volunteer to pay by himself. The
Respondent would say that she should pay the
bills by herself and that he would repay her and
settle all the accounts but, to this day, nothing has
been repaid to the Petitioner.

14. Petitioner states that her mother in law used to

convince the Respondent and mold his actions in
such a way that the Respondent wouldn’t take the
side of the Petitioner in any family matter. It
seemed that the Respondent got used to accusing
the Petitioner over silly things on the order of his
mother and relatives. The Petitioner’s mother in
law couldn’t stand being the Petitioner happy leave
apart the supporting her in her choices. Even the
Respondent was so inclined to the instructions of
his Uncle and Aunt that he would fight the Peti-
tioner whenever the mentioned relatives would
point some random issues to the Respondent like
gossips about her lifestyle and making up stories
that I don’t cook and help at home also his Uncle
(Sanjay Shinde started arguing on baby shower
event which was supposed to be their personal af-
fair to look after the expense and guest list , he
started giving direction and earful to respondent to
control the expense and guestlist when petitioner
did not agree on his direction, he started arguing
with petitioner who is 7th Month pregnant then and
respondent was standing right beside like a statue

15.Petitioner states that when she entered the 7 th

month of Pregnancy, a function “Godbharai” was
organized at their residence, even then, the Peti-
 tioner was asked to pay for the organization of the
function. This was all known by the Petitioner and
the in laws were asking for the money while the Pe-
titioner was present. It seemed that no shame in
the eyes of in laws was left and they wanted the Pe-
titioner to suffer intentionally. The Petitioner
thought that it was her own home and this is the
way she was being treated as if she was a burden
on all the members of her family although peti-
tioner was paying the maid fees all the time.

16.Petitioner states that slowly, the Respondent be-

came so inhumane that the Petitioner used to
grieve all alone, without any support or a shoulder
to cry on or a friend to talk to. When the Petitioner
entered her 8th month of pregnancy, her in laws
started forcing her to go to her parent’s house so
that they would not have to bear the expenses of
child’s delivery. Even though, the doctor suggested
that they could wait but, the in laws started pres-
surizing her so much that in the end Petitioner’s
mother had to come to receive her. Even then the
Respondent didn’t care to drop the Petitioner.

17.Petitioner states that she was made to undergo un-

bearable pain and suffering due to undue and pro-
longed pressure from her in laws to travel in such
a condition. In fact there was no support from the
side to the Respondent. However, due to her
mother’s strong will power, The Petitioner and her
mother were able to travel overnight with extreme
agony and luggage. The petitioner intended that
when the Child is born, their father would be there
to look after the new born baby.
18.Petitioner states that 4 days after arriving, at her
parent’s home, on 16.11.2015 she delivered her
baby at Yeshodam Hospital in Belgavi in absence
of the father, their relatives and in-laws. The in-
ability and carelessness on the Respondent’s and
in-laws part clearly shows how irresponsible they
were while handling the pregnancy of petitioner .
They did not pay any attention to the pain and
agony of the Petitioner, they just wanted to get rid
of their duties toward the Petitioner, both emotion-
ally and financially. father in law never came to see
the child until she turned 2 months, he was never
happy with the Girl baby child from the first day.

19.Petitioner states that after 2 months from the birth

of their child, a naming ceremony for the baby was
organized where she was names as “Dhruti”.
Where the Respondent was again uninterested to
showing any attention towards the ceremony, he
barely spoke about the birth of their child. Neither
the respondent nor the in-laws had provided a sin-
gle penny towards the medical expenses of the Peti-
tioner or the expenses (INR 50,000/-) of the cere-
mony.

20.Petitioner states that the Respondent was also an

online game addict, if given a chance he would
leave every other work and play video games for
hours straight. When he was employed, he would
play games at night. He never wished to talk to the
petitioner due to this habit. The petitioner had
tried to convince him on a lot of occasions but, the
Respondent would always start a fight over it
rather than understanding the side and opinion of
the Petitioner. The lack of maturity and responsi-
 bility on Respondent’s part had vanished and it
seemed that the duties of marriage only fell on Peti-
tioner’s part.

21.Petitioner states that she had got tired of trying to

teach the responsibilities to Respondent and other
in laws. Tired of not getting the love the child de-
served, the Petitioner started to take the child
along with her, where ever she went. The Respon-
dent had to be forced to provide time to the child.
The respondent never took the child along with
him, neither did he buy her clothes, toys or any-
thing that a child would need until asked for. The
Respondent was a reserved and loner person. The
amount of stress the Petitioner was bearing was so
much that there were frequent fights among them
as the Respondent showed least interest in their
married life.

22.Petitioner states that even the Mother-in-law never

inclined any interest teaching / making their son
understand about how to handle and take care of
a child. This was the height of carelessness on
mother-in-law’s part as they were the ones who
pressurized the Petitioner due to whom the Peti-
tioner had to keep her pregnancy, otherwise, the
Petitioner would have terminated her pregnancy as
she knew that the Respondent did not want a
child. (She is a selfish women and mentioned me
so many times that we only have Jayant who will
take care of them in old age so they will never let
him go as their younger son (Ketan Ghosalkar) is
always been irresponsible and detached from them.

23.Petitioner states that the Mother-in-law seemed

very supportive and simple before their marriage
 but, she was also a reason why the marriage was
not working as she would always interpret the Re-
spondent in such a way that he could never show
interest in their marriage. She would always pam-
per her elder son Jayant for whom she would act
like he was a baby. She would do all the household
chores for him but, turned a blind eye while the Pe-
titioner was Pregnant. It seemed that she wanted
the Petitioner to bear a child and wanted to let her
suffer in agony due to the reason best known to
her.

24.Petitioner states that while she was pregnant and

there was no one to take care of her, the Mother in
Law insisted that she should keep maids to take
care of her. The same was executed as the Peti-
tioner had no other choice but, to hire maids and
that too at her own cost. The Petitioner had to hire
2- 3 maids for all the household chores. The
mother in law only did work for her elder son. In
fact she carries out his finances till today.

25.The Petitioner states that her Father in Law was

also a highly abusive and biased person. After the
marriage of the Petitioner, her father-in-law cun-
ningly asked her to pay Rs.10,000/- per month for
the reasons best known to him. The money was
transferred to his account for almost year. How-
ever, the Petitioner stopped the transaction when
she had to hire the maids to take care of her. All
this stressed and strained the Petitioner while she
was bearing a child. Petitioner tried to communi-
cate this issue with her father-in-law like respon-
dent never shared his finance, not pursuing mas-
ters, his addiction of online games, etc to which
 her father-in-law always gave false assurances that
he will speak to respondent on this but that never
happened due to which also their marriage failed.

26.Petitioner states that due to the influence of his

parents, the Respondent had started to sleep in the
hall and they have not had any physical relation
between them since Feb, 2021. Infact Respondent
gave excuse that he is suffering from cough and
cold in Jan, 2021 and so for betterment of child he
will sleep away from Petitioner, but later she got
knowledge that Respondent on instructions and di-
rections of his parents started sleeping in separate
room.

27.The Petitioner states that on 25th March, 2021, The

in-laws entered the bedroom of the Petitioner while
she was absent and took all the Gold kept in the
bag as all the gold articles were kept in a single
place in presence of their child Dhruti, who in-
sisted them to not take the articles but, what all
could she do since she was a mere child.

28. The Petitioner states that her in laws had been pre-
paring to get the Respondent remarried as soon as
their son divorces his wife and the same Petitioner
got to know while her laws were discussing about
this in the house. This clearly shows that the in
laws and the Respondent wanted the marriage to
fall apart. This also proves the greedy and selfish
nature of the Petitioner’s in laws.
29.Petitioner states that the Petitioner was deprived of
basic necessities during lockdown. Even in the sit-
uation of lockdown, the in-laws had stopped stor-
ing the raw vegetables. During that situation, the
Mother in law had taken up cooking for the family
where she would let all the people of the family to
have their meals and leave a very small amount for
the Petitioner and her child. When this was esca-
lated to the Father in law by the Petitioner, who in-
stead of making the relevant decision and provid-
ing a solution, he absurdly abused the Petitioner
and threatened her that he will throw the petitioner
out of the house. It is pertinent to mention here
that her in laws have OCD of cleanliness which Pe-
titioner could not handle it and so she was never
allowed to enter the kitchen and if she did, they
would fight with her and disturb her mental peace.

30.Petitioner states that his mother in law came up

with a story that she was having an affair with one
of her friends and the same was being conveyed by
the mother-in-law to the Respondent. So, whenever
the Petitioner had a conversation with the Respon-
dent regarding his unemployment, the Respondent
had something up his mind to blame her also.

31.Petitioner states that her in-laws hide quality food

items from her and they were made to eat the low-
grade quality food items like rice. Whenever, this
was escalated to the Respondent, he would start
arguing without thinking that the Petitioner was
his family and mother of their child. Whenever
there was any problem between the family and Pe-
titioner, she would convey it to the Respondent
 but, he will never reply but to start fighting and ar-
guing along with his mother. The Respondent’s
quietness was also another big problem in this
marriage.

32.Petitioner states that even their physical relations

were getting worse as the Respondent was not be-
ing able to satisfy the Petitioner. The Petitioner also
states that for the Respondent, copulation was just
a solution to all problems rather than talking any
problem through. It is further submitted that the
Respondent had forced himself on the Petitioner on
numerous occasions which corresponds to Marital
Rape punishable u/s 375 of IPC.

33.Petitioner states that the Respondent has been ly-

ing since the marriage was arranged when he had
assured the Petitioner that he had bought a car
and got it registered in his Brother’s name as he
had got an air force discount redeemed on pur-
chasing the vehicle. He also stated to the Petitioner
that he owned a Bullet bike which was being used
by his brother. The Petitioner came to know about
the lie after his marriage that the Respondent only
owned the bike and the car belonged to his
brother. This shows that the Respondent was a
dishonest person since the beginning of their rela-
tionship.

34.Petitioner states that the Respondent lied about his

education before marriage and stated that he was a
B.Com (regular) graduate. However, the Respon-
dent was graduate with distance learning process.
The Respondent also stated that he would apply for
Masters graduation since, the Petitioner was a
 Master graduate.

35.Petitioner states that Respondent lied that his par-

ents will move to the respondent hometown in
Ratnagiri, once they get married but, no conversa-
tion occurred regarding this topic after their mar-
riage. Also, petitioner parents asked in-laws to
move out after hearing the problems between the
couples, in-laws never cared about this marriage
due to their selfish behavior. The Petitioner states
that while she was 5 months pregnant, the peti-
tioner saw Credit Card bills and dues hidden in the
Mother in law’s wardrobe stating the outstanding
to be more than Rs.1 lakh. On asking about this
from the Respondent, The Respondent first lied
that the outstanding was only about Rs.40,000/-
but, on confrontation the Respondent apologized
and admitted the same. The Petitioner brought this
to the notice of Respondent and his parents, who
also supported the idea of forgiving the Respon-
dent.
36.Petitioner states that Respondent lied again when
he displayed his salary slip and appointment letter
on 9th Feb, 2021 when they had an argument again
regarding the unemployment. And again, his par-
ents supported him to hide this lie from me.

37.Petitioner states that as the Respondent did never

want a child, the first child was born as the in-laws
were forcing her to bear a child and the family
came to know about the same as soon as the Peti-
tioner got pregnant, the second time, the Respon-
dent made sure that nobody in the family came to
know about her pregnancy, On 4th August, 2018,
the Petitioner was taken to a Gynecologist who ad-
 vised her to take pills which soon led to heavy
bleeding. On the same day, there was a property
registration of his brother (Ketan Ramesh Ghos-
alkar) in which the Petitioner was forced to be
taken to sign as a witness. A dinner party was or-
ganized to celebrate the new registration, the Peti-
tioner however was left alone at house while she
grieved from the heavy bleeding. The behavior of
the whole family was inhumane towards the Peti-
tioner. Soon after the first abortion, the Petitioner
was also made to undergo the second abortion on
Feb, 2019.

38.The Petitioner states that after the efforts to remind

the family of their responsibilities, convince the Re-
spondent to get himself employed, Bearing the loss
of 2 pregnancies, forcefully being enslaved physi-
cally, getting robbed by in-laws, misbehavior with
her child and herself, no other alternate than to
dissolve the said marriage by way of a decree of di-
vorce by the due process of law
39.The Petitioner states that the Petitioner heartily/
solely wished to cohabit with the Respondent but
respondent left no stone unturned to harass the
petitioner and has been cruel with Petitioner due to
which she is forced to take this decision to dissolve
this marriage.

40. The Petitioner states that in the above circum-

stances the Petitioner is approaching this Hon’ble
Court for order of dissolving her marriage and
prays for an order and Judgment Decree against
the Respondent and she is entitled for the same.
41. The Petitioner will rely upon the documents the list
whereof is annexed to this Petition and craves
leave to rely upon the same at the time of hearing.
The Petitioner craves leave to produce some more
additional documents at a later date and also as
and when required by this Hon’ble court.

42. The Petitioner craves to amend the petition as per

the changing situations and circumstances of the
matter with the leave of this Hon’ble Court.

43. The Petitioner states that she got married at Malad

East, Mumbai therefore submits that this Hon’ble
court has the jurisdiction to entertain, try and dis-
pose of this petition.

44. Under the stated circumstances the Petitioner is

filing the present petition under section 13(1)(ia) of
the Hindu Marriage Act, 1955.

45. The Petitioner states that there are no other pro-

ceedings pending any court of law in respect of the
said marriage.

46. There is no collusion and connivance between the

parties and petition is filed with free will and with-
out any force or undue influence..

47. There is no unnecessary and improper delay in fil-

ing the present petition and the same is in time.

48. The Petitioner and Respondent doesn’t fall U/s

2(2) of HMA, 1955.

49. There is no legal ground due to which the reliefs

prayed for in this petition cannot be granted.
 50. The Petitioner has affixed court fees but has not
affixed process fee per recent amendment dated
_____________________.

The Petitioner therefore pray:

(a) The Hon’ble Court be pleased to dissolve the marriage

between the Respondent and Petitioner solemnized on

02/07/2014 at Mumbai U/s 13(1)(ia) of Hindu Marriage Act,

1955;

(b) The respondent be directed to pay for marriage expenses to

the tune of Rs. 2 Lakhs spent by Petitioner;

(c) The respondent be directed to pay Rs.1,20,000/- to petitioner

which was paid to her father in law on instructions of

respondent;

(d) The respondent be directed to hand over all the LIC/any other

Policies of their child “Dhruti” he should be directed to

continue paying the premium for the same;

(e) The respondent be directed to pay interim and permanent

maintenance to the daughter Dhruti @ of Rs. 35,000/- PM;

(f) The respondent be directed to pay compensation/alimony for

the harassment to petitioner @ of Rs. 1 crore;

(g) The respondent be directed to provide residential

accommodation to petitioner and her child in Mumbai;

(e) That costs of the suit be provided for;

(f) Any other suitable relief be granted as deem fit by

this Hon’ble court.

 Date: 8/01/2021 Petitioner.

Place: Mumbai

VERIFICATION
I, Mrs. JYOTI, the petitioner above named do hereby state on
solemn affirmation that whatever stated hereinabove by us is true
and correct to the best of our knowledge and belief.

Solemnly declare at Mumbai )

This __th day of ____, 2021 ) Before Me
Iden-
tified By, Petitioner
Advocate for the Applicant
Adv. PURVI SHAH