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IN THE COURT OF HON'BLE DISTRICT JUDGE,

PATIALA.

Makhan Lal aged about 38 years, son of Sh.


Babu Ram, resident of Village Shergarh,
Tehsil and District Patiala.
...Petitioner.
Versus

Suman daughter of Raj Kumar @ Pappu


Pehalwan, resident of Inderi, District Karnal
(Haryana).
...Respondent

Petition under section 13 of the Hindu


Marriage Act for the dissolution of
marriage by decree of divorce.
**************

Sir,

It is respectfully submitted as under:-

1. That the marriage of the petitioner with respondent


was solemnized on 27.06.2004 at Inderi. The
marriage is still subsisting and has not been
dissolved by any court. An affidavit to this effect is
attached herewith.

2. That the status and place of residence of the


parties before the marriage and at the time of
filling of the petition were as under:-

Husband Wife
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Status Place of Status Place of


Residence
Residence
Before Hindu Patiala Hindu Karnal
Marriage (Unmarried) (Unmarried)

At the time Hindu -Do- Hindu -Do-


of filing the Married Married
petition.

3. That after the solemnization of the marriage, the


petitioner and respondent lived and co-habited
together as husband and wife at Patiala. From
the wedlock of the parties, three children namely
Komal (aged about 12 years), Jaanvi (aged about
9 years) and Naveen (aged about 5 years) were
born, who are residing with the petitioner.

4. That the marriage between the parties was


solemnized in a simple manner and no dowry was
given or taken at the time of marriage.

5. That from the very beginning of the marriage, the


behaviour of the respondent was not upto the
mark. The petitioner found that the respondent is
short tampered, high headed and quarrelsome
lady and she started quarreling with the
petitioner and his family members on petty
matters without any cause. The respondent
started insulting the petitioner and his parents in
the presence of friends and relatives.

6. That the petitioner came to know that the


respondent is having illicit relations with one
Surinder son of Sardara Ram, resident of Barta,
District Kaithal (Haryana). The respondent used
to talk with said Surinder on mobile for long
hours and whenever the petitioner objected to
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the same, the respondent threatened the


petitioner with dire consequences and openly
stated that she has developed illicit relation with
said Surinder to fulfill her lust of sex. It is
pertinent to mention here that the respondent
used to mix some substance in the food/milk of
the petitioner to make the petitioner unconscious
and when the petitioner became unconscious,
the said person Surinder used to come to the
house of the petitioner and they used to develop
physical intimacy with each other. Not only this,
the respondent also many times compelled the
daughter of the petitioner to indulge in such type
of illicit acts. The petitioner and his family
members many times tried to make the
respondent understand and to lead a happy
married life and also to take care of the children,
but all went in vain. The petitioner is also having
a photograph and recording to that effect, which
are attached herewith for kind perusal as
Annexure P-1 & P-2.

7. That the petitioner so many times requested the


respondent to change her behaviour and to
discontinue her illicit relation with said Surinder,
but the respondent did not pay any heed to the
petitioner.

8. That the petitioner also requested the respondent


that in case the respondent did not stop her
illicit act, the future of the children will be
ruined, but even then, the respondent continued
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the illicit relation and due to which the petitioner


remained under constant mental agony, tension.

9. That the respondent never showed her interest to


lead a peaceful married life. The respondent
always refused to do household work and
sometimes even to cook to time meal for the
petitioner. The respondent made the life of the
petitioner a hell and the petitioner himself used
to look after and take care of the minor children
and to do household work at his own.

10. That the respondent was all out to create mental


tension and cause mental cruelty upon the
petitioner. The respondent openly threatened the
petitioner that she will live her life her own way
and if the petitioner creates any hindrance in her
enjoyment of life, then she will either get
eliminated the petitioner or will commit suicide.

11. That the petitioner even has caught the


respondent and said person red handed at
several occasions, but the respondent despite of
admitting her fault, filthy abused the petitioner
and threatened him with dire consequences.

12. That in the month of February 2017, the


respondent left the matrimonial house while
leaving the matrimonial children at home and
also took her belongings, Istridhan, gold articles
of petitioner and his family members and other
valuable articles with her. Since then, she is
living in adultery with said Surinder with her
parental village. Even, brother of respondent
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namely Sonu, Monu sons of Raj Kumar, uncle


(Chacha) Shipa and said Surinder son of Sardara
are threatening the petitioner to eliminate him if
he interrupts the respondent to continue her
relationship and also threatened in case the
petitioner tries to take any action against them,
he will be killed by them.

13. That there is no relationship of husband and wife


between the parties. The matrimonial ties of the
parties are totally broken and there is now no
hope of the parties to reside and cohabit
together.

14. That the petitioner tried to pacify upon the


respondent so many times and also convened
Panchayats consisting of relatives and
respectable persons so as to make the
respondent to understand, but the respondent
flatly refused and threatened the petitioner to
implicate him and his family members in false
criminal cases.

15. That the respondent has failed to perform her


marital duties towards the petitioner without any
reasonable cause.

16. That the petitioner tried his best to reconcile the


matter and relatives of the petitioner also tried
their best to reconcile the matter, but in vain.

17. That the respondent has treated the petitioner


with utmost cruelty. The petitioner is not ready
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to condone the cruelty and adultery on the part


of the respondent.

18. That the petitioner is entitled for decree of


divorce on the ground of cruelty and adultery.

19. That the petition is not presented in collusion


with the respondent.

20. That there has not been any previous


proceedings pending in any court with regard to
the marriage between the parties.

21. That after the marriage, the parties lived at


Patiala which falls under the local limits of this
Honble Court, thus this Honble Court has got
the jurisdiction to try and decide the present
petition.

22. That a fixed court fee stamps is affixed on the


petition.

It is therefore prayed that the petition Under


Section 13 of Hindu Marriage Act may kindly be accepted
and marriage of the parties may kindly be dissolved by
decree of divorce.

Verification: Submitted by:


Verified that the
contents of the petition from
paras No.1 to 22 are true
and correct to the best of my Makhan Lal
.....Petitioner
knowledge and belief. Through Counsel

Verified at Patiala
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AB ASSOCIATES
Dated: Arun Bansal
Advocate, Patiala.
(E. No.P/2178/2009)
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IN THE COURT OF HON'BLE DISTRICT JUDGE, PATIALA.

Makhan Versus Suman

In the matter of petition under section 13 of the


Hindu Marriage Act
**************

AFFIDAVIT

I, Makhan Lal aged about 38 years, son of Sh.


Babu Ram, resident of Village Shergarh, Tehsil and District
Patiala., do hereby solemnly affirm and declare as under:-

1. That the marriage of the petitioner with respondent


was solemnized on 27.06.2004 at Inderi. The
marriage is still subsisting and has not been
dissolved by any court.

2. That the contents of the petition may kindly be read


as part of this affidavit.

Deponent

Verification:
Verified that the contents of my affidavit are true
and correct to the best of my knowledge and nothing has been
concealed therein.

Verified at Patiala
Dated: Deponent