IN THE FAMILY COURT AT KOLAR

M.C. No. 20/2024

Between:

Madhu
Petitioner/Husband

And

Kavya
Respondent/Wife

Petition for Divorce under Section 13 of the Hindu Marriage Act

DRAFT OF PETITION

To,
The Honorable Judge,
Family Court, Kolar

The Petitioner, Madhu, respectfully submits the following for the consideration of this Honorable
Court:
1. The Petitioner, Madhu, and the Respondent, Kavya, were lawfully married on January 2,
2020, at “Gokul Kalyana Mantapa,” Kolar, in accordance with Hindu rituals and customs.

2. The marital union between the Petitioner and the Respondent began on a happy note,
with the couple living harmoniously for a period of two years following their marriage.

3. However, circumstances took a turn for the worse in February 2022, when the Petitioner
was transferred from Bangalore to Kolar by government order. The relocation to Kolar,
the Petitioner’s hometown, led to differences between the parties.

4. The Respondent, Kavya, expressed dissatisfaction with the relocation to Kolar due to the
presence of the Petitioner’s parents in the same town. Despite the Petitioner's efforts to
accommodate the Respondent’s concerns by changing residences, conflicts arose when
the Petitioner’s relatives visited their home against the wishes of the Respondent.

5. Subsequently, the Respondent left the matrimonial home in Kolar without the Petitioner’s
consent and returned to her parent’s house in Srinivasapura, effectively deserting the
Petitioner and failing to discharge her marital obligations.

6. Despite the Petitioner’s attempts to reconcile and persuade the Respondent to return to
the matrimonial home, she refused to do so. The Respondent's actions, including abruptly
removing her belongings from the matrimonial home on April 1, 2022, and ignoring
subsequent attempts at communication, demonstrate a clear intention to withdraw from
the marital relationship.

7. The Petitioner, having exhausted all efforts at reconciliation, has no option but to seek
legal recourse. Therefore, the Petitioner has filed this petition for divorce under Section
13 of the Hindu Marriage Act, based on the grounds of cruelty and desertion by the
Respondent.
 8. It is respectfully prayed that this Honorable Court may be pleased to grant a decree of
divorce in favor of the Petitioner, dissolving the marriage between the parties, and
granting such other relief as deemed fit and just in the circumstances.

Place: Kolar
Date: [Date]
[Signature of Petitioner/Madhu]

Certainly, let's incorporate those details into the argument:

1. **Cruelty**: Kavya can argue that Madhu subjected her to both mental and physical cruelty.
Madhu's actions, including allowing his parents and relatives to visit their home against her
wishes, causing constant friction and distress in their marital relationship. Additionally, Madhu's
habit of consuming alcohol with his friends in their home after relocating to Kolar and
subsequently subjecting Kavya to physical abuse constitute severe cruelty. These acts have
inflicted significant mental and physical trauma upon her, making it impossible for her to
continue living with Madhu.

- Relevant Case Law:

- **Samar Ghosh v. Jaya Ghosh (2007)**: The Supreme Court held that mental cruelty is a
valid ground for divorce if it makes it impossible for the petitioner to live with the respondent.

2. **Desertion**: Kavya can assert that Madhu deserted her by transferring his work location to
Kolar, his hometown, against her wishes, and then by failing to provide her with a conducive
environment to live in harmony with him. Madhu's actions of allowing unwanted visits from his
relatives and failing to address her concerns regarding their marital home in Kolar led Kavya to
leave the matrimonial home and seek refuge with her parents.

- Relevant Case Law:

 - **Savitri Pandey v. Prem Chandra Pandey (2002)**: The Supreme Court held that desertion
must involve the intention to abandon the spouse without reasonable cause and without their
consent.

By establishing Madhu's acts of both mental and physical cruelty, in addition to desertion, Kavya
can seek divorce from Madhu under Section 13 of the Hindu Marriage Act. These grounds
demonstrate a severe breakdown of the marital relationship beyond repair, warranting the
dissolution of the marriage.