BEFORE THE HON’BLE FAMILY COURT

MAVELIKKARA
OP ( HMA) No. of 2024
BETWEEN
Isha Vijayan - Petitioner
AND
Jithin Venugopal - Respondent

Name and address of the Petitioner

Isha Vijayan, D/o Vijayakumar, aged 35 years, resident of Cheleyil Puthan Veedu,
Muthukkatukara, Nooranadu P O, Palamel, Mavelikkara Taluk (presently residing at
A209, Vistar classic Apartment, 12th A Main, Classic Paradise Layout, Begur,
Bangalore – 560068
Name and address of the Respondent
Jithin Venugopal, S/o Venugopal, aged 40 years, residing at Parampathu House,
Kuzhuvelipuram, Karakkal P O, Thiruvalla.
Address for service of all notice, process etc. to the Petitioner is that of her counsel T
Harikishnan and Smitha Manoj, Advocates, Mavelikkara and that of the Respondent
is as shown above or of his counsel engaged in the cause.
PETITION FILED UNDER SECTION 7 OF THE FAMILY COURTS ACT R/W
SECTION 13 (1) (ia) OF THE HINDU MARRIAGE ACT 1955
The Petitioner humbly submits as follows: -
1. The Petitioner and Respondent are husband and wife. Their marriage was
solemnized as per the Hindu Nair religious rites and customs on 07/12/2013 at the
Nooranadu Padanilam Parabrahma Temple, Padanilam P O, Nooranadu. The
parties belong to Hindu Nair community and they are governed by the provisions
of the Hindu Marriage Act for the purposes of the above case. The marriage was
an arranged one. The Marriage Certificate dated 17-12-2013 issued by
Nooranadu Grama Panchayat is produced herewith.

2. At the time of marriage, the Petitioner wore gold ornaments worth 70 sovereigns
of 22 Ct gold ornaments. In connection with the marriage a gold chain worth 5
sovereigns and a locket worth one sovereign of 22 Ct gold was gifted to the
Respondent by the Petitioner as is the custom. So also, a gold bangle worth 4
sovereigns were gifted to the mother by the Petitioner at the time of entering the
matrimonial home as is also a custom.
3. After marriage Petitioner and the Respondent lived together as husband and wife
for a short period at respective residences of the spouses and went to Bangalore,
where both of them were employed. Before leaving for Bangalore the Respondent
and his mother demanded and obtained all the gold ornaments of the Petitioner
except those that are used on a daily basis. Propriety and safety were the reasons
stated by the Respondent and his mother for demanding and obtaining such gold
ornaments from the Petitioner. Thus on 14-12-2013, the Respondent and his
mother obtained altogether 60 sovereigns of gold ornaments of the Petitioner and
they are still retaining them. After about a week of residing at the Petitioner’s
paternal residence at Bangalore they shifted to a rented apartment. At the time of
marriage, the Petitioner was working as a software engineer and the Respondent
was working as a manager in a hotel.

4. From the very initial days of marriage onwards the Respondent showed an
attitude of disinterest and lack of affection towards the Petitioner. The Respondent
was always on his mobile phone either chatting with friends or watching. He
seldom spoke to the Petitioner. The Respondent in fact came near the Petitioner
only for physical relationship and that to at his sweet will. Though living at
Bangalore, the Respondent never took the Petitioner out for anything. If ever the
Petitioner asked him to accompany her, the Respondent would tell her to go out
alone. The Respondent was alcoholic and violent. On most of the days he
returned home totally drunk and would shout and abuse the Petitioner on the
slightest provocation.

5. Though the Respondent had enquired the income of the Petitioner and she told
him truthfully, he never divulged his income. Whenever the Petitioner enquired
about his income or financial situation, the Respondent hurled abuses on the
Petitioner suggesting that she had no business in such matters. The Respondent
never spend any amount towards household expenses and it was the Petitioner
who met it with her income. In fact, the Respondent on several occasions openly
told the Petitioner that he married her only for financial stability and that he was
never attracted to her physically.

6. After about five months of marriage and with much pleading by the Petitioner, the
Respondent agreed to go on a honeymoon to Goa. The Respondent arranged it in
such a way that another newlywed couple and one of his male relatives
accompanied them. To the utter dismay of the Petitioner, the room took by the
Respondent in Goa was a three bedded one and he insisted that the male relative
be in their room. Somehow the Petitioner went through the ordeal of a honeymoon
with her husband and a male relative being in her room. The Respondent made it
a point to insult and body shame the Petitioner on a regular basis and even in the
presence of others.
7. After a year of marriage, a lucrative building construction was initiated in
convenient place at Bangalore. When the Petitioner proposed to the Respondent
about booking a flat in that apartment, he told her that he will not spend any
amounts for it and she can book at her own expense. The downpayment amount
was provided by her parents and all the EMI’s were paid by the Petitioner from her
salary. In that context the Respondent openly told the Petitioner that he does not
intend to invest with her jointly as doesn’t think it was safe. It is submitted that all
along the Respondent was indifferent and careless to the Petitioner. In between
he would return home heavily drunk and abuse and assault the Petitioner by
finding fault for the slightest of the reasons.

8. After about two years of marriage the Petitioner became pregnant. The first
reaction of the Respondent was that he wants Divorce. The Respondent never
accompanied the Petitioner for the regular checkups and the Petitioner was
always alone at the Hospital. The constant warning of the Respondent was that
the Petitioner shall deliver a boy child or else he shall have no role in bringing up
the child. All along the pregnancy the Respondent showed total indifference and
lack of consideration. During the period of pregnancy, the Petitioner found the
Respondent constantly chatting on his mobile phone with some person. Later, the
Petitioner found that the Respondent was having an illicit relationship with one of
his Kannadiga female colleagues and the pertinent chat was he demanding her
nude pictures. When confronted the Respondent abused and assaulted the
Petitioner and stated that he will do what he wants, apart from threatening her with
dire consequences if she interferes.

9. For delivery the parties returned to Kerala and a girl child, Diya Jithin was born on
02-02-2016 in Lifetime Hospital Adoor. On coming to know that the child was a
girl, the Respondent threw a tantrum in the hospital showing dissatisfaction and
unhappiness. The Respondent openly declared in the hospital itself that, he
doesn’t want the child to be taken to Bangalore and that the Petitioner’s mother
shall bring up the child. The entire expenses of the delivery were met by the
Petitioner and her parents. The Petitioner suffered unimaginable mental agony
due to such unnatural and regressive attitude of the Respondent towards their
offspring for the reason of being a girl child.

10. Due to the total disregard and hatred, the Respondent maintained to the child the
Petitioner was constrained to entrust the child with the Petitioner’s mother while
going to work and had to collect the child back while returning. The Respondent
constantly reminded the Petitioner the fact that he never wanted a girl child. He
totally neglected the child and he refused to take part in any of its needs or
expenses. All the while, the Respondent was found constantly chatting on his
mobile phone with his numerous female companions. Any questioning by the
Petitioner in such activities were dealt harshly and cruelly by the Respondent with
 abuses and assaults. The entire education expenses of the child were being
borne by the Petitioner single handedly.

11. The Respondent never spent any amount for the maintenance of the Petitioner or
the child. He also refused to bear all household expenses and he never once paid
the electricity bill even. While so, on 28-10-2021, the partition of the Respondent
and his mother’s ancestral property happened and 06.07 Ares of land was settled
in the joint names of the Petitioner and the Respondent by his mother. In the
above context it is submitted that the property was settled in the joint names of the
Petitioner and the Respondent, due to the fact that the Respondent and his
mother had demanded and obtained Rs. 10,00,000/- from the Petitioner’s parents
for paying off the Respondent’s brother his claim in the residential building. In view
of such payment, the settlement was accepted and acted upon by the Petitioner. A
copy of the said Settlement Deed No. 2185/2021 of Thiruvalla SRO is produced
herewith.

12. It is submitted that after such settlement of property the Respondent started to
treat the Petitioner with more cruelty demanding that the Petitioner convey her
undivided half right over such settled property in his favour. When the Petitioner
refused to act accordingly for the reason of the above mentioned payment made
by her parents, on 21-12-2021 the Respondent cruelly assaulted and manhandled
the Petitioner. In such circumstances the Petitioner was constrained to separate
from Respondent and have been living independently with the child ever since.

13. The gross and the grave neglect by the Respondent had imperiled the mental
happiness of the Petitioner. The Petitioner and the Respondent had never
cohabited since December 2021 and the Respondent had repudiated his marital
obligations. Their marital relationship is totally estranged due to neglect and
indifference by the Respondent. It may be noted that the Respondent totally
neglected the Petitioner and he never fulfilled his obligations as a husband. He
has brutally assaulted the Petitioner on many occasions.

14. The above assaults, disregard, neglect, etc. on part of the Respondent towards
the Petitioner as well as the antipathy, hatred and lack of affection he is bestowing
upon the mother and the child for the reason that the child is a female, amounts to
inhuman cruelty towards the Petitioner. The Petitioner has a reasonable
apprehension that it is not safe physically and mentally to live with the
Respondent. Considering the above inhuman attitude and treatment meted out by
the Respondent towards the Petitioner, such acts and omissions amounts to
cruelty in every sense of the world. The Petitioner submits that the studied and
long absence of love, care and companionship on part of the Respondent towards
the Petitioner has sent the couple so apart that the marriage has irretrievably
broken down.
15. Under such circumstances the Petitioner had filed MC No.121 of 2022 before The
Principle Senior Civil Judge, Bengaluru, Rural, Karnataka under the provisions of
the Hindu Marriage Act for dissolution of marriage, but the same has been
dismissed as not pressed. The Respondent had filed OP No. 175 of 2022 against
the Petitioner seeking restitution of conjugal rights before the Hon’ble Family
Court Thiruvalla, which also stands dismissed. The Petitioner hereby declares
that other than the above mentioned cases which both stands dismissed for
default, there have been no previous proceedings in any court in India with
reference to the marriage of the parties hereto, by or on behalf of either of the
parties. There is no collusion between the parties hereto regarding the above
proceedings.

16. The requisite petition fee is paid herewith. The cause of action for the suit first
arose on 07-12-2013 the date of marriage onwards and continuously thereafter on
the various dates when the Petitioner was treated cruelly by the Respondent and
on 21-12-2022 when the spouses lastly resided together; at Nooranadu Village
where the marriage was solemnized and which is within the jurisdiction of this
Hon’ble Court.

17. In the circumstances it is most respectfully prayed that this Hon'ble Court may be
pleased to pass a decree: -

A. Of Divorce dissolving the Marriage dated 07-12-2013 between the Petitioner

and the Respondent.

B. Allowing costs of the proceedings.

Dated this the day of March 2024

ADVOCATE PETITIONER
T. HARIKRISHNAN ISHA VIJAYAN

VERIFICATION
I, Isha Vijayan, the Petitioner herein above do hereby verify and declare that all
the facts stated above are true and correct to the best of my knowledge, belief
and information.
PETITIONER
ISHA VIJAYAN
LIST OF DOCUMENTS
1. Marriage Certificate dated 17/12/ 2023 of Nooranadu Grama Panchayat.
ADVOCATE
T HARIKRISHNAN