&

i.e.,
SC
u/s
sub sec

Protection of Women from Domestic Violence Act, 2005 (for short PWDVA).
Article 5, Universal Declaration of Human Rights, 1948, (UDHR).

Black’s Law Dictionary 712 (8th ed. 2004)

INTERNATIONAL CASES
Russel v. Russel, 1997 A.C. 303
Loveden v. Loveden, (1810) 2 Hag Con 1(2) 8
Freeman v. Freeman (1872), 31 Wis. 235
State v. Johnson (1960), 11 Wis. 2d 130

INDIAN CASES
Sukumar v. Tripathi AIR 1994 All 209
Shobha Rani v. Madhukar Reddi (1988) 1 S.C.C. 105
Chand Narain Gautam v. Smt. Saroj Gautam AIR 1975 Raj 88
V. Bhagat v. D. Bhagat, (1994) 1 S.C.C. 337.
Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511.
Sirajmohmedkhan Janmohamadkhan v. Hafizunnisa Yasinkhan (1981) 4 SCC 250.
Rita vs Brh Kishore Gandhi 1983 AIR 1984 Delhi 291

MUNISH KAKKAR VERSUS NIDHI KAKKAR …CIVIL APPEAL NO.9318 OF 2014

(Supreme Court, 17/12/2019)
Satinderial Gupta v. Swamalata Gupta, 1981 (1) D.M.G. .92 (Delhi) (16)
A.Jayachandra v. Aneel Kaur, (2005) 2 SCC 22
Indresh Gopal Kohli v. Anita, 2019 SCC OnLine Utt 953, decided on 20-09-2019

Memwanti Tripathi vs Harish Narain Tripathi decided on 8 July, 2011 FAO No.
305/1998.

 Gurbux Singh vs Harminder Kaur AIR 2011 SC 114

Vidhya Viswanathan v. Kartik Balakrishnan Civil Appeal No. 9036 of 2014

(Supreme Court,22/09/14)

Mrs. Pragati Varghese & Etc. vs Cyril George Varghese & Etc. 1997 AIR 1997 Bom 349
 Vinita Saxena vs. Pankaj Pandit (2006) 3 SCC 778

Narayan Ganesh Dastane Vs. Sucheta Narayan Dastane in 1975. 

Lalit Joshi vs Smt.Girja on 2 September, 2019 Rajasthan High Court - Jodhpur

 SUMMARRY OF ARGUMENTS
WHETHER THE GROUNDS STATED IN THE PETITION BY THE PETITIONER
ARE SUFFICIENT ENOUGH TO ENTITLE HER TO OBTAIN A DECREE OF
DIVORCE BY THE COURT?

It is humbly submitted before the Hon’ble Court that the grounds stated in the petition filed
by the Petitioner before the Family Court are sufficient enough to entitle her to obtain a
decree of divorce by the Court as the respondent husband always mistreated the petitioner
wife. The respondent used to beat the petitioner in a drunken state & abused her. The
petitioner gave her best efforts but the respondent didn’t bother to change his behaviour
towards his wife. The petitioner contends that she had faced physical assault, mental cruelty
& the trauma of extra-marital affairs of her husband. So, undisputedly on May 2006, the
petitioner had withdrawn from the society of respondent. The Constitution of India, which is
the ground-norm of the country, ensures the right to life with dignity as it is a part of right to
life under Article 21.

2. WHETHER THE PETITION IS MAINTAINABLE?

It is humbly submitted before the Hon'ble Court that the petition filed before the Family
Court is maintainable. The behaviour of the respondent was very cruel & violative. The
respondent used to refuse his wife for an intercourse every time when she asked him. the
respondent used to come late night at home in a drunken state & beat his wife daily. The acts
of the respondent can cause a danger to the petitioner. The petitioner had tolerated all this
since many years. The respondent was involved in extra martial affairs. Thus, the level of
cruelty, physical, mental & emotional; was reached at a point where it was difficult for the
petitioner to live with the respondent & therefore had withdrawn from the society of the
respondent. Thus, after realizing & overcoming from depression, the aforesaid resulted the
petitioner filing a petition for divorce under Sec. 13(1) (ia) & Sec. 13 (1) (i) of the Hindu
Marriage Act, 1955 on the ground of cruelty & adultery respectively.

3. WHETHER THE PETITIONER HAS ANY CAUSE OF ACTION AND LOCUS

STANDI TO FILE AND MAINTAIN THE PRESENT PETITION?
It is humbly submitted before the Hon’ble Court that the petitioner does have a cause of
action and locus standi to file and maintain the present petition. The cause of action for filing
the present application arose from the solemnization of marriage of the petitioner and
respondent and the petitioner has suffered with tremendous mental agony because of the
behaviour of respondent towards the petitioner. The petitioner was subjected to cruelty and
adultery by the husband (respondent) which is grounds to file a petition for divorce provided
u/s. 13(1) (ia) & Sec. 13 (1) (i) of the Hindu Marriage Act, 1955 respectively. The petitioner
does have a locus standi to file a petition provided under section 19 of the Hindu Marriage
Act 1955.

Sirajmohmedkhan Janmohamadkhan v. Hafizunnisa Yasinkhan1.

Rita vs Brh Kishore Gandhi 1983 AIR 1984 Delhi 291

1
(1981) 4 SCC 250.