IN THE COURT OF CIVIL JUDGE (SD) THANE AT THANE

PETITION NO. OF 2022

MRS. ASMITA AVINASH KASBE )

Alias MISS. DINESHA KAMLAKAR KAMBLE )
D/O.: KAMLAKAR KAMBLE )Petitioner No. 1
AND
MR. AVINASH ANKUSH KASBE )Petitioner No. 2

:SYNOPSIS:

PETITIONER NO. 1 PETITIONER NO. 2

Section of U/S 13(1)(ia) Of The Hindi U/S 13(1)(ia) Of The

Law Marriage Act, 1955 Hindi Marriage Act,
1955
Name Mrs. Asmita Avinash Mr. Avinash Ankush
Kasbe Alias Miss. Dinesha Kasbe
Kamlakar Kamble
D/O.: Kamlakar Kamble

Age 40 years 42 years

Mobile No. 8424979597
Email ID
Status Spinster Bachelor
Before
Marriage
Wife Median Miss. Dinesh Kamlakar
Name Kamble
Religion
Domicile Maharashtra Maharashtra
Date of 01/05/2008 01/05/2008
Marriage
Place of Ghatkopar, Mumbai Ghatkopar, Mumbai
Marriage
Children if 1
any
Separation
date
Jurisdiction H No. 0125/1 H No. 0125/1
Full Address Flat No.403, Sadanand Flat No.403, Sadanand
Apartment, Airoli Goan, Apartment,Airoli Goan,
Navi Mumbai, Thane Navi Mumbai, Thane-
400708 400708
IN THE COURT OF CIVIL JUDGE (SD) THANE AT THANE

PETITION NO. OF 2022

MRS. ASMITA AVINASH KASBE )

Alias MISS. DINESHA KAMLAKAR KAMBLE )
D/O.: KAMLAKAR KAMBLE )Petitioner No. 1
AND

MR. AVINASH ANKUSH KASBE )Petitioner No. 2

COURT FEE OF RS. 100/-

IN THE COURT OF CIVIL JUDGE (SD) THANE AT THANE

PETITION NO. OF 2022

MRS. ASMITA AVINASH KASBE )

Alias MISS. DINESHA KAMLAKAR KAMBLE )
D/O.: KAMLAKAR KAMBLE )Petitioner No. 1
AND

MR. AVINASH ANKUSH KASBE )Petitioner No. 2

INDEX
SR.NO PARTICULARS PAGE NO
1. Roznama A to B
2. Petition
3. Affidavit in support to petition
List of Documents
4. Exhibit – “A” Wedding card
5. Exhibit – “B” Marriage photograph
6. Exhibit – “C” Marriage Certificate
7. Exhibit – “D” Birth certificate
8. Exhibit – “E” Aadhar Card of Petitioner
9. Memo of Address

10. Application for Advocate permission

11. Vakalatnama

Mrs. Asmita Avinash Kasbe

Petitioner
Adv. Nitin R. Dhandore
Adv. For the Petitioner
IN THE COURT OF CIVIL JUDGE (SD) THANE AT THANE

PETITION NO. OF 2022

ROZNAMA

Date on which No of Petition No. ______of 2022 Date of

the petition Exhibit MRS. ASMITA AVINASH which
came before KASBE Petition is
the court for Alias MISS. DINESHA Adjourned
any Proceeding KAMLAKAR KAMBLE
D/O.: KAMLAKAR KAMBLE
..Petitioner
AND
MR. AVINASH ANKUSH
KASBE…Respondent
IN THE COURT OF CIVIL JUDGE (SD) THANE AT THANE

PETITION NO. OF 2022

MRS. ASMITA AVINASH KASBE )

Alias Miss. Dinesha Kamlakar Kamble )
D/O. Kamlakar Kamble )
Age: 40 years, Indian Inhabitant, )
Occ.: Service, Residing at H No. 0125/1 )
Flat No.403, Sadanand Apartment, )
Airoli Goan, Navi Mumbai, Thane )
Maharashtra- 400708 )
Mobile No. 8424979597 )
Email ID. )…Petitioner
AND
MR. AVINASH ANKUSH KASBE )
Age: 42 Years, Indian Inhabitant, )
Occ.: Service, Residing at H No. 0125/1 )
Flat No.403, Sadanand Apartment, )
Airoli Goan, Navi Mumbai, Thane )
Maharashtra- 400708 )
Mobile No. )
Email ID. )…Respondent

PETITION FOR DIVORCE BY

CRUELTY U/S. 13 (1) (ia) OF THE
HINDU MARRIAGE ACT, 1955.

TO,
THE HON’BLE PRINCIPAL JUDGE,
AND OTHER HON’BLE PUISNE JUDGES OF
THE HON’BLE FAMILY COURT AT THANE.
HUMBLE PETITION OF THE PETITIONER ABOVENAMED MOST
RESPECTFULLY SHEWETH :-

1. The Petitioners and respondent were lawfully married

according to Buddhist vedic rites on 01.05.2008 at Marathi
Vidyalaya, Near Ghatkopar Bus Depo, Ghatkopar, Mumbai -
400086. The marriage has been registered with the
‘Registrar of Marriage, (Annexed hereto and and marked as
Exhibit –A is the Wedding card and marked Exhibit –B is
the marriage photograph of the Petitioners. And Exhibit -C
is the Certificate Of Registration Of Marriage No.12227
issued by Municipal Corporation Of Greater Mumbai.

2. That The Petitioner and the respondent were Buddhist by

religion before the marriage and are Buddhist after their
marriage and domiciled in Mumbai, India. Further, the
Petitioner submits that before the marriage the petitioner
was bachelor aged about 42 years and the Respondent was
a spinster aged about 40 years. The maiden name of the
respondent was ‘MISS. DINESHA KAMLAKAR KAMBLE’

3. That the petitioner and the respondent since their marriage

co-habited together in their matrimonial house at H No.
0125/, Flat No.403, Sadanand Apartment, Airoli Goan, Navi
Mumbai, Thane, Maharashtra- 400708. For period from
2008 to 2017.

4. That the Petitioner Submits that out wedlock of said

marriage, the petitioner No. 1 and Petitioner No. 2 have ‘one
children’ i.e. namely KUMAR. OMKAR AVINASH KASBE,
aged about 12 years. Hereto annexed and marked as
EXHIBIT- D the copy of ‘Birth Certificate dated 19/05/2009
and 29/07/2009 issued the B.M.C. authorities,
5. That the custody of the said son is presently with the
Petitioner and The petitioner has so far been imparting
education, welfare and upbringing to the children. and the
Respondent have totally neglected the petitioner and the
minor son who has now become more than 11 years old. The
petitioner has living at the mercy of her mother and father.
Further she does not have shelter of her own and also no
support from anybody. the Respondent do not any other
responsibility or liability and/or any person/s dependent
upon him.

6. That the petitioner submits that The house in which the

defendant lives is also in the name of the petitioner. And the
house is bought by the petitioner himself, the petitioner is
still paying for the maintenance of his house every month.

7. That at the material times the parties to this

proceeding/petition were Buddhist by birth, governed by the
Hindu Marriage Act, 1955 and are citizens of India and
domiciled in the Mumbai state of Maharashtra. Hereto
annexed and marked as Exhibit – “E” is the Aadhar Card of
the Petitioner

8. That the petitioner stated and submits that since the

solemnization of their said marriage i.e. since 9 years i.e. for
the past about 4 years, the respondent is incessantly
experiencing physical, mental and psychological stress and
strain due to the depressing acts and activities of the
Respondent. Further, the petitioner state and submit that
the Respondent is not a devoted husband and adoring father
of their aforesaid children because the respondent fearlessly
and stubbornly discards the family obligations and the
 directive of the wife and at the same time, the respondent is
always ready and very interested to discharges her parents
unlawful and illegal directive given to her, to create chaos
and tension in the matrimonial house. Thus, it is concluded
that the Respondent is mannerless and ill tempered woman,
disloyal wife, heartless mother but the Respondent is faithful
daughter of her parents who is ready to spoil her
matrimonial house, without any hesitation. Inotherwords,
the Respondent soul and mind was and is presently
predestined and the respondent physical body was only at
the matrimonial house i.e. at H No. 0125/, Flat No.403,
Sadanand Apartment, Airoli Goan, Navi Mumbai, Thane,
Maharashtra- 400708.

9. To provide a clear picture of cruelty committed by the said

Respondent for the past about 9 years of matrimonial life, the
Petitioner state and submit :

a) That Petitioner further states that, That from the very

begining of the marriage the behaviour of the respondent
was not good towards petitioner. The respondent is
habitual of daily drinking and gambling /Lottery and
after drinking the respondent always used to give
merciless beatings to the petitioner. The respondent used
to spent all his earnings on taking liquor and gambling.
The respondent pressurized the petitioner to bring the
amount of Rs.5 Lakh and 20 kg Gold from her parents
the respondent on two occasions but the respondent did
not mend his ways rather he continuously tortured the
petitioner to bring more money from her parents. The
respondent always taunted the petitioner by giving
abusive and unparliamentary language without any
cause in the presence of relatives and friends. The life of
 petitioner became like a hell due to the respondent’s
behaviour.

b) Petitioner states that although the parents of the

respondent arranged a very decent marriage according to
his financial capacity and gave sufficient dowry/ Istri
Dhan items, but yet the respondent was very greedy in
nature from the very beginning of marriage. The
respondent sold away entire jewelries and ornaments of
the petitioners on playing lottery and drinking. The life of
the petitioner has been made like a hell. The respondent
threatened that he will not keep and maintain the
petitioner till his demands are not fulfilled by her parents.

c) The Petitioner further states that he has made many

efforts to call Respondent back and saved their married
life but Respondent refused and didn’t give any
respondent to the Petitioner.

d) The Petitioner further states, That the petitioner bears all

type of cruelties because the petitioner wanted to save her
married life and do not want to spoil her life. Many times
the parents and relatives advised the respondent to get-
off to drink and to behave properly but to no use. The
petitioner also tried to advise the respondent many times
to change his behavior and not to drink but the
respondent refused to accept the legitimate requests of
the petitioner and the relatives.

e) That the respondent has deserted the petitioner without

any reasonable and justifiable cause and rhyme and
hence it has become impossible for the petitioner to live
more in the company of the respondent therefore, the
 petitioner is entitled for a decree of divorce on the grounds
of cruelties and desertion.

10. That the cause of action to file the present petition accrued to
the petitioner many times when the respondent abuses in the
filthy language and the petitioner was beaten mercilessly. The
cause of action also accrued on March 2017 when the
respondent turned out the petitioner alongwith.

11. The Petitioner states that the various circumstances

mentioned hereinabove shows that the Respondent’s conduct
was not only serious but was much higher than the ordinary
wear and tear of married life and it is tended to undermine the
mental health of the Petitioner and affected the reasonable
happiness of his married life. The Respondent also deliberately
failed towards her matrimonial obligations. The Petitioner
therefore submits that he is entitled to get a degree of Divorce
from the Hon’ble court on the ground of cruelty under section
13 (1) (ia) of the Hindu Marriage Act 1955.

12. The Petitioner state that both of them got married at Marathi
Vidyalaya, Near Ghatkopar Bus Depo, Ghatkopar, Mumbai -
400086. and Petitioner No. 2, H No. 0125/, Flat No.403,
Sadanand Apartment, Airoli Goan, Navi Mumbai, Thane,
Maharashtra- 400708. at the address mentioned in the cause
title of the Petition and therefore, this Hon’ble Court has
jurisdiction to try and entertain and decide this Petition.

13. The Petitioner states that there is no collusion and connivance

between him and the Respondent in filing this Petition for
divorce.
14. The Petitioner states that there is no other proceedings
pending between the parties in respect of same subject in this
court or any other court of law in India,

15. The Petitioner states that he has paid the requisite court fees
as per amended Court Fees Act.

16. The Petitioner therefore prays that:

a) That this Hon’ble Court may be pleased to dissolved this
marriage solemnized on 01.05.2008 at Marathi
Vidyalaya, Near Ghatkopar Bus Depo, Ghatkopar,
Mumbai - 400086. between the Petitioner and
Respondent by decree of divorce as per U/s. 13 (1) (ia)
of Hindu Marriage Act.
b) Leave to add alter and amend the Petition as and when
required or circumstances of the case may warrant.

c) Any other and further relief as this Hon’ble court may

deem fit and proper.

Place : Thane
Date :

Mrs. Asmita Avinash Kasbe

Petitioner

Adv. Nitin R. Dhandore

Adv. For the Petitioner