IN THE COURT OF LD.

PRINCIPAL JUDGE, FAMILY COURT,

GAUTAM BUDDHA NAGAR, UP

HMA Petition No. 518 OF 2020

IN THE MATTETR OF:

DUSHYANT SALUJA ….. PETITIONER
VERSUS
MEGHA KOHLI …. RESPONDENT

PETITIONER EVIDENCE BY WAY OF AFFIDAVIT OF TYE

PETITIONER DUSHYANT SALUJA

I, Dushyant Saluja S/o Late Shri Bhagwan Das Saluja, Aged

31 years, R/o House No.77, Setia Colony, Street No.12, Sri

Ganganagar, Rajasthan-335001, do hereby solemnly affirm and

state as under:-

1. I say that the deponent is the Petitioner in the above captioned

petition and is well conversant with the facts and

circumstances of the case and am competent to depose by

way of this affidavit.

2. I say that the Petitioner has filed petition under Section 13(1)

(ia) and (iii) of the Hindu Marriage Act, 1955 as the respondent

wife has treated the deponent with physical and mental

 cruelty to the extent that the deponent cannot be expected to

live with the Respondent.

3. I say that the deponent Petitioner (husband), aged about 31

years, is working as Software Developer in Genpact Head

Strong, Sector – 59, Noida, UP.

4. I say that the marriage between the Petitioner and the

Respondent was solemnized on 02.02.2019 at Faridabad,

Haryana as per Hindu Rites and Ceremonies. An original

wedding invitation card dated 02.02.2019 and original

marriage photographs of the parties are EX.PW-1/A (COLLY),

and EX.PW-1/B respectively.

5. I say that the status and place of residence of the Petitioner

and the Respondent before the marriage and at the time of

filing of present petition were/are as given below:-

HUSBAND/ PETITIONER
Status Place of Address
Before Marriage Single F-606, Supertech, Eco City,
Sector – 137, Noida – 201301

At the time of
filing the Petition Married F-606, Supertech, Eco City,
Sector – 137 Noida – 201301
WIFE / RESPONDENT
Status Place of Address
Before Marriage Single 3/F NIT Faridabad, Near DAV College,
Faridabad Haryana – 121001

At the time
of marriage Married 3/F NIT Faridabad, Near DAV College,
Faridabad Haryana – 121001
6. I say that after the marriage, the petitioner and the

respondent left for Bali, Indonesia for their honeymoon on

14.02.2019 and came back on 22.02.2019. The Petitioner did

all the expenses and arrangement towards the honeymoon in

Bali.

7. I say that after returning from honeymoon, in the month of

March 2019 the Respondent started quarrelling with the

Petitioner and his mother qua the medical expenses incurred

by the Petitioner towards taking care of his mother, namely

Smt. Bhagwanti Saluja, aged 71 years. It is humbly submitted

that the mother of the Petitioner is an acute patient of

Parkinson disease and had recently come out of cancer but

still on high medication including diabetic and hypertension.

The old lady is going under treatment in Medanta Hospital,

Gurugram. True copy of the medical certificate of the

Petitioner’s mother is EX.PW-1/C (COLLY) (OSR).

8. I say that the Petitioner persuaded the Respondent by saying

that being the son and out of love, it is his utmost duty to care

of his mother. The petitioner also told the Respondent that his

mother receives pension from the Government at the behest

of her husband and therefore, she uses those money for her

treatment and hence, the Petitioner consoled the Respondent

not to take tension regarding the medical expenses. It is

pertinent to mention herein that on persuasion made by the

Petitioner the Respondent categorically warned him that do

whatever you want to do but never expect anything from her

side in this regard and demanded money since petitioner

paying for his mother, so he should pay extra money to her

apart of daily need.

9. I say that gradually the Respondent started quarrelling

directly with her old and ailing mother-in-law and started

taunting her about the medical expenses and other

expenditure exerted by the Petitioner towards her daily care.

The Respondent even started picking tiny issues and fights on

the money spent on fruits, basic cosmetics like soap and food

articles. Respondent misbehaved with the Petitioner and his

mother for such petty expenses and used foul words for us
 like “randi hai ye aurat marti bhi nai, Bhukhi aurat bas khaati

rehti hai aur TV dekhti hai, Marti bhi Nai” and more abusive

words. While argument she started shouting like anything

and even sometimes hurting herself and start saying “iss

budhiya ko nikalo idhar se, nai toh mai ghat se jaati hun”. It is

pertinent to mention that she even stand in balcony and

threatened the Petitioner that she will jump and commit

suicide.

10.I say that in the month of April 2019 the Respondent raised

the issue of daily house hold work and asked her mother-in

law to take care of each and every house hold work. The

Respondent categorically told the old aged lady that do not sit

idle and start doing some work. She demanded the Petitioner

to order to his mother to wipe bathroom after bath and clean

it, why she is sitting and watching TV and eating fruit.

Petitioner consoled her saying that he will do the work if she

doesn’t wishes to but his mother will not work as she is not

well and fruits are nothing less than medicine for her mother

as she is suffering from Parkinson and cancer. It is pertinent

to mention that from the very beginning Respondent was

 aware that her mother in law is unwell and is going to stay

with her after marriage.

11. I say that again after sometime, the Respondent started

quarrelling and fighting with the Petitioner and mother over

petty issues. The Respondent being very short temper started

shouting upon her mother-in law. When the Petitioner tried

to stop the Respondent from abusing, the Respondent took

out her mangal sutra and threw it on the Petitioner by saying

“ye pakad apna mangal sutar aur rakh le apni maa”. It is

pertinent to mention that panicked by the situation, the

Petitioner called his in laws in order to console the

Respondent and after much counselling the parents of the

Respondent took her with them. The mother of the

Respondent also came to visit the house and resided for a

week. Even the mother of the Respondent abused Petitioner’s

mother by saying that “tu budhiya sab ki jadd hai, sharam nai

aati tu apne bete ka ghar barbaad kar rahi hai, kanjri aurat”.

The mother of the Respondent also accused the Petitioner of

having illicit relationship with his own mother and even told

to have kid with his mother, such an accusation was beyond

 any thought and was to the bottom of cheap and dirty tactics

being played by the family.

12.I say that It is further submitted that after few days

Respondent along with her family members came back to her

matrimonial home in Noida and started threatening the

Petitioner that either start living as per her desire and

instructions else she will file false cases and ruin their family

forever.

13.I say that on 2nd June 2019, the sister of the Petitioner

visited his house. On one night when they were having dinner,

the sister of the Petitioner asked for pickle. The Petitioner

found that the pickle is finished and therefore, went to the

nearby AVR supermarket to fetch pickle. On this, the

Respondent went behind the Petitioner to the supermarket

and created a scene at the market by shouting that “tu naukar

hai kya, kanjad bhuki family ha teri, sab ghar par akar baith

gaye hai" The Petitioner requested the Respondent not to

shout as it was a market place and with much persuasion

brought the respondent back to the flat.

14.I say that on 24th June 2019 the Respondent again picked

the issue of medicines and fruit and scolded that “fruits

 khaake baithe rehti hai aur tv dekhti hai bas rani ki tarah ghar

me”. When the Petitioner told her to do not abuse and show

some respect as she is not just mother-in law also an old

woman, the Respondent started crying and saying that he is

a biased person and always take side of his mother.

15.I say that on 30th June 2019, the Respondent again

quarrelled with the Petitioner and again threatened him that

she may commit suicide if the Petitioner will not send his

mother away from the house. She said Petitioner's mother is

burden on her and our expenses and for a peaceful life.

16.I say that on 3 July 2019, the Respondent started abusing

her mother-in law without any specific reason and rushed

towards her to push her away from the house. The situation

got show worse that the Petitioner had to call his in-laws. The

mother of the Respondent came and decided to stay for a

while. To the shock and surprise of the Petitioner, the mother

of the Respondent also started quarrelling with the mother of

the Petitioner and abused her by saying that “tu aag laga rahi

hai, mai teri chaaro betiyon ka ghar patungi ganganagar jake,

tum arti kyon nahi”. It is submitted that the Respondent

threatened that she will kill her if she does not leave the house
 soon. The Respondent’s mother threatened to ruin the

Petitioner’s job by coming to his office with her elder daughter

and son in law. The petitioner was so disturbed and out of

fear had to take his mother out of his own house and went to

friend’s place nearby for few days. It is most submitted that

everyday behaviour and act of the Respondent suggests that

she is not in her correct mental state. The aggressive and

violent behaviour of the Respondent and creating issues

without any occurring also suggests she may have some kind

of obsessive or psychotic disorder.

17.I say that when the Petitioner was staying at his friend’s

place, his in-laws called the Petitioner and threatened the

Petitioner that if he does not leave his mother and agreed to

their terms they will file a Police complaint.

18.I say that on 08.07.2019, the Respondent filed FIR bearing

No. 716 of 2019 against the Petitioner, his mother, his four

sisters and their husbands under Section 147, 323, 354,

498A IPC and Section 3 & 4 of the Dowry Prohibition Act,

1961. The falsity of the FIR can be ascertained from the fact

that the relatives sisters and their husbands all resides at

Gangapur, Rajasthan. The FIR has been lodged only as a

 pressure tactics by the Respondent and her family. It is also

pertinent to mention that on a later date the Respondent sent

a message to the Petitioner that she has not lodged any FIR

or complaint, rather it was her father who went to the Police

station to lodge FIR.

19. I say that on 9th July, 2019 the Petitioner received a call from

the P.S. Surajpur to come for mediation. The Petitioner along

with her old and ill mother went to P.S. Surajpur. The

respondent and her family were already present there. The

lady I.O. listened to the story of both the parties and advised

the Respondent that it is out of the question that a son should

throw his own mother out of the house. After much

persuasion by the Police as well as family, the Respondent

agreed to come back to her matrimonial house. Petitioner

thought that he can afresh start with the Respondent as it

was only six months of marriage. It is submitted that to check

upon the anger of the Respondent, her father stayed in Noida

for few days.

20. I say that on 13th August 2019, the respondent got a job in

a company named Zylo Tech. It was expected that because of

 working the situation will calm down as the Respondent will

not have petty things to fight at home.

21.I say that on Rakshabandhan the Petitioner being the only

brother among 4 sisters, planned to sent some money as

shagun to his sisters. The Respondent after coming to know

of this fact started shouting and abusing the Petitioner and

his family. She said “teri behne bhuki hai, chote bhai se paise

lengi, maa bhi leti hai aur behne bhi leti hai”. The petitioner

calmly consoled her by saying that as her brother give her

gifts on Rakshabandhan, he also gave money to his sisters

and it is of no big deal.

22. I say that the Respondent made a big scene out of the

Rakshabandhan incident. She continuously hurled abuses to

the Petitioner and his family. The Petitioner telephonically

informed his in-laws about the same. On this the Respondent

got more angry and threaten the Petitioner that the Complaint

lodged in P.S. Surajpur is still in action and she will go to

Police Station and make false statement that Petitioner beats

Respondent. She further threatened the Petitioner that he will

rot in jail and his mother will automatically as she will not

have any money.

23.I say that on 19th August 2019, the second sister of the

Petitioner came to Delhi admission for her child. The

Petitioner gave Rs. 500 as shagun to his nephew. On account

of this the Respondent started shouting and used foul and

abusive words for Petitioner and his sisters. The Petitioner

objected to the same and said its not at all any issue and he

can afford to give Rs. 500 to his nephew. Upon this, the

Respondent lost her control and started slapping on her face

continuously and hurled abusive word to the Petitioner. It is

submitted that seeing this behaviour the Petitioner got afraid

and called his father-in law. The father of the Respondent

came and talked out with the Respondent and apologised for

the behaviour of his daughter and asked to forgive her as she

will not do it again.

24.I say that after numerous failed attempts in the past, the

Petitioner again sat down with the Respondent to discuss her

problem and asked her not to create trouble or get angry on

small things. The Petitioner consoled the Respondent that not

to worry about the money he is spending on his mother’s

treatment and will not let anything fall short for the

Respondent. The Petitioner requested the Respondent to

 focus upon this marriage than other small things and both

should try to bring happiness and maintain peace. However,

every effort of the Petitioner failed as there used to be peace

only for couple of days.

25. I say that one day in the month of October 2019, the

Petitioner forgot to bring fruit for his mother as it is medically

essential for his mother to have fruit daily. The mother of the

Petitioner told him that you did not bring fruit today, upon

this the Respondent started shouting “iss aurat ko roj fruit

chahiye”. The Respondent started arguing with her mother-in

law that we don’t have time to think about her fruits. To this

the mother replied that fruit is a necessity for her as she is on

heavy medication due to Parkinson disease and cancer. The

Respondent on hearing the reply from her mother-in law got

more angry and rushed towards the Petitioner and told him

“isko nikalo yahan se, ye aurat bhuki hai” and again hurled

abuses. The Petitioner asked the Respondent do not to hurl

abuses to this mother. Upon this the Respondent at 11 p.m.

said throw your mother out of the house. The Respondent

shouted that “chakka hai, hijdaa hai tu, apni maa ko nahi bol
 sakte, nikal usko yaha se”. somehow the Petitioner was able

to cool down the situation.

26. I say that it is pertinent to mention that the Petitioner has

kept separate maid to take care of his mother and do the

regular chores of the house. The Petitioner does not even ask

the Respondent to do work for his mother as the Petitioner

was afraid that any ask for help will result into another violent

scene in the house. It is most humbly submitted that the

violent incidents became so regular that even the neighbours

stopped bothering.

27. I say that the Respondent started checking with the maid

whether her mother-in law complains about her. The

Respondent was so insecure that whenever her mother-in law

used to talk on the phone with her daughter, the Respondent

used to listen and shouts that “meri burai kar rahi hogi tu aur

kuch to baat karne ko hoga nahi”. Every small incident always

turned into violent behaviour. Even the maid started

complaining that she has never seen such a woman who

shouts like this even when there is no issue.

28. I say that the Petitioner with a positive view that he can work

out with the marital relationship took the Respondent on a

 road trip to Chandigarh-Shimla-Kufri for New Year

celebration. Because of the ongoing protest of Citizenship

Amendment Act, the traffic was disturbed and on account of

that the Respondent started yelling on the Petitioner by saying

abusive words. However, the Petitioner kept on driving and

finally reached Shimla.

29. I say that in Shimla the Petitioner and Respondent were

staying in Diplomat Hotel. The Petitioner by mistake forgot to

close the window of the bathroom because of which some

monkeys came inside the room and ate all fruits and eatables

stuffs in the room. The Respondent made such a hue and cry

on this incident that Petitioner had to leave the room as he

was afraid that she might hurt him. The Respondent’s

behaviour was to utmost shock and surprise as she hurled

such filthy abuses which Petitioner never expected to hear

from his wife’s mouth.

30.I say that when the Petitioner and Respondent came back

from Shimla, on the occasion of Lohri 2020 the Petitioner to

pacify the situation ask the Respondent to call her parents for

dinner. The Petitioner took his wife and his in-laws for dinner

at Pind Baluchi Restaurant, Sector 104, Noida.

31. I say that on 19th Jan. 2020, the mother of the Petitioner

asked him to bring some apples as it was all over. To this, the

Respondent without any reason said will bring tomorrow. The

Petitioner said its not a problem, the shop is nearby and he

will bring in sometime. The Respondent got angry and started

shouting that “ye aurat ko roj fruits chahiye, ek din nahi milega

to mar thodi jayegi”. When the Petitioner brought the apples,

the Respondent threw it in front of her mother-in law and said

“bhudhiya kha le ab”. The Petitioner objected to such a

behaviour, to which Respondent again started shouting and

said your mother did not give me any money on Lohri and now

I dare you to give money to your sisters and nephew on

Rakshabandhan or upon their visits. The Petitioner told the

Respondent not to shout as her mother is ill and suffering

from Parkinson disease. Upon this the Respondent hurled

abuses, made fun of the disease and said “ye aurat thode na

maregi Parkinson aur cancer se”. Respondent further said

“akela kun nai chor deti hume, bojh ban kar baithi hai”. The

mother of the Petitioner said that “I pay for medicine from my

husband’s pension and my son has kept a maid for me”. On

hearing this reply from an old woman, the anger of the

 Respondent got on cloud nine and she went to pack her bags

saying that she will not stay in this house now and told to

send her to old aged home. The Petitioner tried to stop the

Respondent from doing so. The Respondent yelled upon the

Petitioner and asked the Petitioner to tell his mother to will

the parental property to their name.

32. I say that the Petitioner told the Respondent that these

things are wrong and should not be done. Upon this the

Respondent rushed towards the room of her mother-in law

and twisted her hand and shouted “nikal yahan se budhiya,

niklegi ki nahi”. The Petitioner had to intervene and take the

Respondent out of the room and having left with no other

option the Petitioner had to lock the room of his mother. The

Petitioner immediately called his in-laws. On the hand the

Respondent ran towards kitchen and turned on the knob of

the gas and said main “mai marr jaungi gas jalakar, room kholo

aur apni maa ko nikalo yahan se”. the Petitioner told his

father-in law that she is repeatedly doing such acts and fear

for my mother’s life. The father of the Respondent said for the

last time kindly forgive his daughter and he will put some

sense in her mind and I take guarantee for any future violent
 behaviour of his daughter. However, the Petitioner fearing for

the life of his mother, installed a camera in the house to look

after his mother in absence.

33. I say that on 25th Jan. 2020, the Respondent started fighting

with Petitioner with assumption that his mother is

complaining about her on phone with her sister’s in law and

again picked up fights with the Petitioner’s mother on the

pretext that she ate two apples instead of one. The

Respondent shouted and left the house. After 40 mins, the

Respondent came back and started shouting on the main door

“gate kholo, ye aurat meri burayi kar rahi hogi”. The

Respondent again abused her mother-in law by saying

“kanjari marti kun nai hai tu, dekhna tujhe fir se cancer hoga,

tu cancer se hi maregi”. It is most humbly submitted that the

behaviour and language of the Respondent does not suggest

to be of a person of sound mind or having empathy in heart.

The Respondent got so much angry that she jumped towards

the Petitioner’s mother and pushed her. The Petitioner came

in between to save her mother and keep the Respondent away.

The Respondent slapped the Petitioner and said “kanjari marti

kun nai, mera ghar kha gayi”. The Respondent again ran
 towards the Petitioner’s mother and tried to strangulate her

neck with her hand. The Petitioner again pulled the

Respondent and made her sit on the sofa. The Respondent

pick up the water jug from the centre table in front of the sofa

and threw it on the Petitioner’s mother and again ran towards

her and slapped her. The whole incident was witnesses by the

maid working there. Also the whole incident has been recorder

in the camera. A CD containing the video proof is EX.PW-1/D.

Photographs containing stills from the video are annexed

herewith and marked as EX.PW-1/E (COLLY).

34. I say that the Petitioner left with no other option had to call

Police and after sometime a PCR came. When the Petitioner

was trying to explain the situation, the Respondent jumped in

between and to the shock of the Petitioner put all blame upon

the Petitioner by stating that he and his mother tried to put

her on flame and have been plotting for sometime to get out

of the relationship. The respondent also said that they have

lodged an FIR for the same earlier. The Petitioner called his

father-in law and told him about the incident. After sometime,

the father of the Respondent came and he started shouting on

his daughter. He started shouting on his daughter. He started

 slapping his face continuously and said he is shameful to be

her father and ran towards the balcony to commit suicide.

35.I say that on 25th Jan. 2020, at night Respondent’s father,

sister, brother and mother again came without any prior

notice came to the house of the Petitioner and threatened they

will call local gunda’s to beat you if you again call the police.

Even Respondent’s mother threatened to put Petitioner’s

mother in jail by putting false cases against Petitioner’s

mother and use abusive words.

36.I say that on 1st Feb. 2020, the Respondent without informing

anyone left the house. She did not even reply to the phone

calls. The Petitioner called her family members to know her

whereabouts. Respondent’s sister told the Petitioner that the

Respondent has gone to her grandmother’s place and will stay

there.

37.I say that on 2nd Feb. 2020, being the first anniversary, the

Petitioner talked to resolve the issue and requested the

Respondent to come home. So on multiple requests by

petitioner, the Respondent came back in the afternoon on 2nd

Feb. 2020. So to resolve the issue Petitioner take her out for

dinner in the evening. Again on 6th Feb. 2020, The Respondent

 again started counting apples and said that “bhukhi hai ye

aurat”. The Petitioner did not say anything and left for work.

After coming from office Respondent tried to pick fights by

saying that “bhuki aurat, bas TV dekhte rehti hai”. The

Petitioner again did not find it apt to reply as the same will

lead to unnecessary quarrels and fights. When Petitioner

mother told she is unnecessary blaming me for fruit and all,

to that respondent replied “iski itni himmat mujh se juban

ladyegi nikal idhar se”. However, the Respondent everyday

tested the patience of the Petitioner by creating nuisance and

fight in home.

38.I say that ultimately on 9th Feb. 2020, when the Petitioner

had gone out for car service, the Respondent packed her bag

and left the house and since then the Respondent is residing

with her family at Faridabad.

39.I say that on 20th Feb. 2020, Respondent’s father, sister,

brother-in law and grandmother without any prior notice

came to the house of the Petitioner and threatened the

Petitioner with loss of life and limb. The incident was recorded

in the camera.
 40.I say that the Petitioner has a right to live and lead a

respectful and happy life. The continuous mental and

physical torture at the hands of the Respondent has left the

Petitioner traumatized for life. Therefore, this petition u/s 13

(1)(ia) and (iii) of the Hindu Marriage Act, 1955 has been filed

by the Petitioner-husband.

41. I say that the Petitioner-husband and the Respondent- wife

had their matrimonial home within the jurisdiction of this

Hon’ble Court and thus this Hon’ble Court has the

jurisdiction to decide the case.

42. I say that the Petitioner has not filed any other similar

petition before this Hon’ble Court.

43. I say that contents of the petition are true and correct and

the deponent is entitled for the relief as prayed by him. It

bears my signature at point ‘A’

DEPONEN
VERIFICATION
Verified at Greater Noida on this 17th day of November,

2021 that the contents of the above affidavit are true and

correct to the best of my knowledge and nothing material has

been concealed therefrom.

DEPONENT