IN THE COURT OF HON’BLE PRINCIPAL JUDGE, FAMILY

COURT, LUCKNOW

H.M.A PETITION NO:- OF 2021

Mrs.ShwetaYadav, aged about 37 (thirty seven) years, wife of Mr.

Prabhat Kumar Saxena, daughter of Mr. Surendra Kumar Yadav, by
Occupation Software Engineer. resident of 11/97, Indira Nagar,
Lucknow, Uttar Pradesh (Premises No. 1)

.. Petitioner.

-Verses-

Mr. Prabhat Kumar Saxena aged about 40 years, son of Mr.

Vishambhar Dayal Saxena by Occupation Software Engineer
resident of Flat No.10, Second Floor, Sai Residency, Bhairavnagar,
Lane No.9, Dhanori, Pune, Maharashtra(Premises No. 2)

Also at:-

Permanent Residence- (84. Shashtri Nagar), Barvar, Mohamadi,

Uttar Pradesh - 261506

..Respondent.

PETITION UNDER SECTION 13(1) OF HINDU MARRIAGE

ACT, 1955 FOR DISSOLLUTION OF MARRIAGE BY A
DECREE OF DIVORCE

The above named Petitioner most humbly submits as under:-

1. That the Petitioner-wife is a Software Engineer employed in a

software company at Pune having her permanent residence at
the address mentioned above.
2. That the Respondent is husband of the Petitioner who is an
Information Technology Engineer employed in the Western
Union Company at Pune.
3. That the marriage between the parties to the petition was
solemnised according to Hindu rites and Ceremonies, after the
commencement of the Hindu Marriage Act of 1955, on
09.03.2016 at Parijat Shadi Ghar, Insafnagar, Sector-11,
Indira Nagar, Lucknow, in the presence of respective family
members of parties to the petition, their respective relatives
and other members of the society.

Photocopy of the marriage card/ Marriage certificate is

annexed herewith as Annexure P-1.

4. That the Marriage was an arrange marriage between the

parties which was arranged through a matrimonial site namely
jeevansaathi.com. That it was on the said matrimonial website
that the Petitioner and her family were contacted by the
Respondent and his family for a prospective marriage alliance.

5. That to explore the possibilities of matrimonial alliance the

Petitioner and the Respondent met twice before marriage, at a
coffee shop in Seasons Mall in Pune with the consent of the
their parents.

6. That the Petitioner being a professional lady was absolutely

clear in her mind about her expectations from her matrimonial
life and the same was communicated to the Respondent on the
very first meeting itself. Petitioner had informed Respondent
that she was born and brought up in a city and she being a
working woman wants to continue working even after marriage
and therefore she would not be able to dwell in the house at
Respondent’s village for more than 3-4 days and that too only
for the purpose of ceremonies and rituals after their marriage.
The Petitioner has clearly stated that she gets only a week
leave in a year once after Holi and once during Diwali and
that’s when she visit her hometown. No other leaves are
provided to her in an annual year so he and his family should
not expect a frequent visit from her to them. Although, she has
no issues if his parents come and stay with them. The
Petitioner had clearly stated to the Respondent that she
belongs to the “other backward classes” caste which was also
mentioned in her matrimonial profile and the Respondent
belongs to the Upper Caste, and in view of the same if the
Respondent doesn’t want to move forward with the
relationship it would be okay. The Petitioner had clearly
informed the Respondent that she expects a family of her own
which includes her own children from the matrimonial alliance
and that she did not wish to take responsibility of anyone else
except of Respondent’s parents and her parents. The
Respondent in order to trap the innocent Petitioner into
matrimonial relationship initially agreed to all the conditions
of the Petitioner and assured her that she will never have to
visit the Respondent’s village as he is also employed in Pune,
further he stated he had seen the details in the matrimonial
profile and is absolutely aware of the caste of the Petitioner
and he being educated and broad minded person, for him, the
caste of the Petitioner is immaterial. Respondent also assured
that all his siblings were gainfully employed, he is earning a
handsome income of Rupees 10.5 lakh per annum and apart
from that he also receives Rs. 15,000/- per month as his share
from his family agricultural land, all Petitioner and
Respondent has to care about is their future without worrying
about anyone else. The Respondent in the meeting also
assured that he takes hard drink and smokes very
occasionally i.e. only in office parties which was acceptable to
the Petitioner. Petitioner upon the assurance of the
Respondent conveyed her consent for the matrimonial alliance
to her parents.
7. That pursuant to the consent of the Petitioner for the
matrimonial alliance the marriage was solemnized with the
consent of families of the Petitioner and Respondent.

Copy of the photographs as bride and groom, of the Petitioner

and Respondent respectively, at the time of marriage between
parties to the Petition is annexed herewith as Annexure P-2.

8. That the formalities with respect to functions and scheduling

was discussed in details between the parents of the Petitioner
and the Respondent as it was an inter caste marriage both has
their own tradition, it was during this discussion the parents
of the Respondent categorically informed to the parents of the
Petitioner that they expect a lavish wedding which meets their
status. The demands of the Respondents were very high and
the Petitioner considering it to be unusual and wrong asked
her father to deny the same but her father reckoning the
Respondent and his family members to be suitable for the
Petitioner, and for the sake of the Petitioner’s good future,
accepted all the demands of the Respondent.

9. That the parents of the Petitioner who were in huge tension

with respect to marriage of their daughter as age of their
daughter was increasing, and had got relieved from this
alliance, made the arrangements more than their status and
strength as per the instructions of the parents of the
Respondent for which the former had to spent around
20,00,000 (Rupees Twenty One Lacs) in the marriage. It was
also categorically demanded by the parents of the Respondent,
from the parents of the Petitioner, that there is no need to give
the furniture, utensils etc. and instead the latter should give
the former cash of Rs. 8,00,000/- (Eight Lakh Only) which
would be given to Petitioner and Respondent to purchase their
own furniture and utensils of their choice in Pune as it would
be difficult to transport those goods.
 Copy of bank statement showing withdrawal at the time period
of marriage and Invoices of various expenditures made for the
purpose of marriage, on the Petitioner’s side, are annexed
herewith as Annexure P-3 (colly).

10. That after making such huge expenditure in marriage the

mother in law of the Petitioner (now deceased) demanded 1.5
lakh in the name of some ritual making it extremely difficult of
the parents of the Petitioner to arrange the same but somehow
the father of the Petitioner arranged the same in the mid night
taking loan from the relatives. This demand placed the parents
of the Petitioner in a miserable position causing them huge
humiliation.

11. That the father of the Respondent received Rs. 8,00,000/-

( Eight lakh) in cash on account of giving it to the Petitioner
and Respondent when they will go to Pune for purchasing
furniture and utensils. The Respondent’s father insisted on
taking cash from the Petitioner’s father, stating, that he would
have to withdraw from the bank for making expenditure on
account of marriage instead he would make bank transfer to
Petitioner and Respondent and would utilise the cash received
for making the payment towards the expenditures made in the
marriage.

12. That the father of the Petitioner, apart from other

expenditures, gave Gold (125 grams) and Silver jewelleries to
the Petitioner, also at the time of marriage Petitioner was gifted
several presents from her parents, relatives and friends in
order to start her marital life smoothly and comfortably.

Copy of some of the invoices traced, of the jewellery and

ornaments bought by the Petitioner and her family is annexed
herewith as Annexure P-4.
13. That on 10.03.2016, after the “Bidai ceremony” the Petitioner
went with the Respondent to reside at the latter’s ancestral
home in Barvar, Distrct- Lakhimpur Khiri, Uttar Pradesh.

14. That as soon as the Petitioner arrived at the Respondent’s

ancestral home in his village, all the jewelleries, gifts and
ornaments that were given to her as a token of love by the
Petitioner’s family members and friends, were taken away by
the Respondent’s late mother and the Respondent’s elder
sister-in-law, namely Late Sansar Soni Saxena and Ekta
Saxena respectively, on the pretext that since there are many
guests and often burglaries take place in villages the Petitioner
should handover all her jewelleries and gifts to them for
safekeeping.

15. That after the marriage when the Petitioner was expecting a
welcoming attitude from her in laws and other family members
of the Respondent, it came as a shock to the Petitioner that
instead of being welcoming the Respondent and his family
members started harassing the Petitioner, the mother and
father of the Respondent started taunting the Petitioner by
saying, ‘‘marriage arrangements were not as they had
imagined” and “Gaon mein log dahej dekhte hain aur tumhare
mata pita ne to tumhe khali haath bhej diya hai. Log hum par
has rahe hain” For which when Petitioner retaliated
Respondent mother Late Smt. Sansaar Sohni Saxena that her
Father has already given 8 Lakhs cash for furniture, untrnsils
etc. only for which, Respondent’s father Sh. Vishambhar Dayal
Saxena said that he has spend same amount on his
daughter’s wedding so this is return of it. Petitioner should
forget about that money now. Therefore, despite of best
marriage arrangements the Petitioner had to listen these
taunts and greedy demands of the Respondent’s family
members who also passed sarcastic comments with respect to
her dark complexion and caste.
16. That the even after having a luxurious marriage of their son,
at expense of Petitioner’s family, obtaining dowry and gifts for
themselves and their entire extended family as per their
demands and further taking away the Petitioner’s jewelleries,
gifts and ornaments, the Respondent’s parents and his family
members kept taunting the Petitioner and badmouthed about
her family members, saying that not enough dowry was given
by the Petitioner’s father in the marriage and that in villages
big dowry from the bride’s side is what creates an impression
upon the neighbouring households.

17. That the Respondent’s father usurped Rs.8,00,000/-given by

the father of the Petitioner for purchasing furniture and
utensils in Pune stating that exactly same amount was spent
by him in his daughter’s marriage.

18. That the false promises of the Respondent started unfolding

right after the marriage when the Petitioner went to live with
the former at his ancestral house in Lakhimpur Kheri and the
Petitioner came to know from the mother of the Respondent
that both the brothers of Respondent, Vivek Saxena (Elder)
and Piyush Saxena (Younger) and their families were
unemployed and completely financially dependent on the
Petitioners earnings. It was then that the Petitioner realised
that the Respondent had kept her in the dark all along and
had nothing but lied to her since the very beginning. This
revelation itself caused severe mental agony when the
Petitioner realised that her partner has lied to her and when
the Petitioner raised the said issue with the Respondent it was
casually conveyed back by the latter that who would have
married him if him if he would have been honest about the
above-said situation and said “agar jhooth nahi bolte to
mujhse shadi kaun karta”.
19. That all of the said hardships and circumstances were faced
by the Petitioner and that too just in the first week of her
marriage due to the Respondent and his family. That the
Petitioner told the Respondent’s mother that she had been
wearing saree for the past 36 hours straight and since she is
not in the habit of wearing a saree for such long hours, it is
starting to feel uncomfortable in the same and in a requesting
manner asked her if she could wear salwar kameez, but only
while sleeping, the Petitioner was ridiculed by her mother in
law. That the Petitioner thought her mother-in-law being a
woman and also the mother of a daughter herself would
understand the plight of the Petitioner however acting in an
exact opposite way to the Petitioner’s legitimate expectations,
the Petitioner’s mother in law went on to communicate the
said incident to the rest of the Respondent’s family members
with the sole intention of mocking the Petitioner, which the
Respondent’s family did and they also went to ridicule the
Petitioner’s mother by mocking her and badmouthing herby
saying that she has not even taught such basic tenets of
decency to her daughter (Petitioner) as to how a new bride
should behave in her saural(matrimonial home). Even
Respondent himself humiliatingly told Petitioner “ab kya
tumhe jeans pehna kar yahan ghumayen. Gaon me log jaise
rehte hain waise hi raho”

20. That it was just a beginning of the hardships that were to

befall the Petitioner at the hands of the Respondent and his
family. That the younger brother of the Petitioner Piyush
Saxena molested the Respondent on the very 2 nd day of
marriage when he entered the room of the newly wedded
couple, un-announced, and kept his head in the Petitioner’s
lap. Thereafter the Respondent’s younger brother started
pulling the Petitioner towards himself by grabbing her hands,
however the Petitioner freed her hands by pulling them away
with a jerk so as to deter the her younger brother in law from
 committing such acts, but even the said act of the Petitioner
had no effect on the Respondent’s brother and he again
grabbed the Petitioners hands by force, kept her palms on his
face and ran the Petitioner’s hands through his hair. It is
pertinent to mention here that every second of this fateful
incidence had happened before Respondent himself, however
no objection to the said incidence was registered by the
Respondent thereby making him a complicit to the said
indecent and illicit behaviour of his younger brother. That
when the Petitioner, protesting, raised the issue of behaviour
of the Respondent’s younger brother and Respondent’s non-
objection to the same afterwards, the Respondent instead of
talking to his brother, Piyush Saxena, about his illicit, un-
moralistic and despicable behaviour, blamed the Petitioner
herself for her rightful protest against the Respondent’s
younger brother despicable act and angrily shouted on her,
blaming her, that she will create a rift his family. The
Petitioner got so scared and disheartened that she went to
sleep sobbing that night.

21. That after the above said incident and seeing how the
Respondent didn’t even reacted to the above said incident, the
Petitioner was in a constant state of fear, under the
apprehension of a similar behaviour from the Respondent’s
younger brother Piyush Saxena. That the said fear of the
Petitioner became a reality when on the evening of the 4th day
of marriage of the Petitioner. The Petitioner was told by her
late mother in law that ceremony of ‘muh-dikhai’ was to be
conducted on the said day and gave the Petitioner explicit
instructions that she was not to even step out of her room,
until asked to by the former herself. The Respondent’s younger
brother gained knowledge of the said fact and taking
advantage of the same entered the Petitioner’s room
clandestinely, where she was alone with the Respondent, and
drew the curtain behind his back.
22. The Petitioner still under fear of the incident that had occurred
on the 2nd day of her marriage, started to hide behind the
Respondent as to safeguard herself from the perversion of her
younger brother in law, however the Respondent’s younger
brother forcingly grabbed the Petitioner from behind in such a
way that one hand of the Respondent’s younger brother was
on the Petitioner’s right breast and his other hand, that was
full of chemical colours, was on the Petitioner’s mouth. The
Respondent’s younger brother, the entire time he was grabbing
the Petitioner, was inimically laughing and was also
simultaneously threatening and coercing the Petitioner to open
her mouth so that he can force the chemical colours in her
mouth. The Petitioner under the fear that the chemical colours
would enter her mouth was not able to open it but was
constantly trying, with both her hands, to free herself from the
Respondent’s younger brother hold.

23. That when this appalling and disheartening incident for the
Petitioner went on for a full ten minutes and she saw that the
Respondent was just standing in the corner, laughing, and
thereby abetting his brother illicit behaviour, she started
weeping. It was only when the Respondent and her younger
brother heard their sister, Pooja Sinha, approaching towards
their room that the Respondent’s younger brother let the
Petitioner go.

24. That in a state of trauma and shock when the Petitioner tried
to find solace in her sister in law, by narrating her the entire
incident, she was shut-out by the latter when the Petitioner
observed that her sister in law, in an unfazed manner, told her
to clean her face and get ready as the ‘muh-dikhai’ ceremony
was about to start.

25. That after the above-said incident the Petitioner got really
scared and in order to avoid and safeguard herself from such
 incidents in future, after the ‘muh-dikhai’ ceremony, called her
friends in Pune and narrated entire incident as she could not
share the same with her parents or family members and they
suggested Petitioner to call her Father and ask him to take you
back for some ritual. That as advice the Petitioner called her

father and told him that since the Pagfere (पगफेरे ) ritual is yet
be completed, he should talk to the Respondent’s father about
the same. Upon assurance of his father that he would talk to
the Respondent’s father the next day, the Petitioner spent rest
of her day in fear and distress contemplating upon the
harrowing acts committed upon her by her younger brother in
law and abetted by his own husband, the Respondent.

26. That the next day the Petitioner’s father called the
Respondent’s father requesting them to send the Petitioner
back to Lucknow for the Pagphere ceremony to which he
agreed over phone but the request by the Petitioner’s father
was not well received by the Respondent’s family and they
started to badmouth about the Petitioner and her family right
in front of her. That the Respondent also reprimanded the
Petitioner afterwards in their room and asked the Petitioner as
to call her father and tell him not to come to take her until the
Respondent’s mother herself calls the Petitioner’s father for
performing the pagphere ceremony. That when the Petitioner
explained to the Respondent that her father wanted to
complete the said ceremony as soon as possible because the
inauspicious month of “kharmaas” will be starting soon and
during the said month no auspicious work or ceremony can be
performed and since both the Petitioner and the Respondent
are working and have to go back to Pune it will not be possible
for either of them to wait for a month, she was ridiculed and
shouted at by the Respondent.

27. The Petitioner in the hopes that such incidents will not
happen again, once Respondent and the Petitioner move back
 to Pune, she refrained from telling any of the innumerable
illicit and humiliating incidents that had occurred with her at
the Respondent’s ancestral home to her parents.

28. That after the Pagphere ceremony, the Petitioner along with
the Respondent, travelled back to Pune. That when the
Petitioner went to the Respondent’s flat in Pune she witnessed
that the flat was in such a mess and was so dirty that it took
her four entire days to clean it and make it habitable, all by
herself, as no helping hand was lent by the Respondent. The
Petitioner, during the cleaning process, also found out that the
Respondent didn’t even had necessary kitchen utensils, items
and other household stuff at his home.

29. That when the Petitioner told the Respondent that dinner set
and other necessary day to day stuff is to be bought, the
Respondent in a harsh voice and with a straight face told the
Petitioner that from now on all the household expenses and
other future expenses of herself and the Respondent shall be
borne by the Petitioner herself and he would not spend a
single penny for the same as he had bought the flat, thereby
taking a completely contrary stand as to what he had
promised the Petitioner before marriage. This incidence
completely shook the conscience of the Respondent towards
her marriage which ultimately caused tremendous mental
agony to the Respondent, but since the Petitioner is a
professional, she didn’t lose hope that things would improve
when the Respondent would witness the tremendous efforts
the Petitioner is willing to put in their relationship.

30. That, the Petitioner was not allowed to keep a maid even at her
expense, the Respondent used to call the Petitioner as his
‘Nokrani’ and told her “free me rehne ko mera ghar mila hai
utna kafi nahi hai kya. Mere ghar saare kaam tujhe hi karne
hain” Respondent also used to send photos and videos of the
 Petitioner while she was doing household work of washing
dishes or cleaning floor and spread it to his friends and
relatives by saying “maine to Padhi likhi kamwali bai rakh li
hai.” Comparing oneself with the maid was very insulting for
the Petitioner and this act of the Respondent caused severe
mental agony to the Respondent.

31. Respondent often use to refer Petitioner as “Baharwali” and a

word referring as his “Keep”. He use to humiliate her saying
“Gharwali to koi aur hai meri, tujhe to sirf rakha hua hai
meine”.

32. That Respondent used to pick quarrel with the Petitioner on

very petty reasons when they started residing in Pune.
Therefore, to save the relations when Petitioner asked
Respondent’s reason behind his behaviour after taking him in
trust, it was then that the Respondent informed the Petitioner
that, he wishes to buy a luxurious flat for himself and
therefore requires amount of Rs. 65 lakh for the same. The
Respondent then asked Petitioner to bring amount of Rs. 40
lakh from her father which was denied by the Petitioner. The
Respondent angered by the denial of the Petitioner slapped her
and started abusing her and her family members. But, for the
sake of saving of the relations and with the hope that situation
and attitude and behaviour of the Petitioner would change in
future the Respondent remained silent and did not informed
this incidence to her family members but shared with her
friends with whom she was more comfortable.

33. That the Respondent did not contributed anything towards

households instead forced Petitioner to bear complete the
household expenses for 2.5 years which included monthly
groceries, clothes for the Respondent, gifts for the Respondent
and his relatives and friends who very often visited the
Respondent’s house.
34. The Petitioner comes from a household and family
background where she has been taught that it pertinent to
save relationships from breaking. Therefore the Petitioner kept
making efforts to improve her relationship with the
Respondent in order to save her marriage but, all the
Petitioner’s efforts went in vain and had no impact on the
Respondent’s attitude.

Copy of the banks statements and the credit card statements

for few months, of the Petitioner showing the expenses
incurred by her on households is annexed herein as Annexure
P-5.

35. That the Petitioner was frequently asked to bring money from
her father and when the Petitioner denied to fulfil the
demands of the Respondent, he started abusing and beating
her on every such occasions. The Petitioner was left with no
option and therefore she told the Respondent that if his
behaviour would not change then she will have to tell about all
the incidences that had occurred with her, to her father. At
that time the Respondent got frightened and from thereon he
started showing changed behaviour but he started spying on
the Petitioner and used to check the Petitioner’s cell phone to
see whether if she has informed her family members about
any incidence that had occurred between her and the
Respondent. On this sole reason the Petitioner was not
allowed by the Respondent to visit her maternal home for the
next 8 months after the marriage after the above expounded
incidence.

36. That despite obeying the commands and abiding by the

demands of the Respondent, he, time and again, kept on
expressing his displeasure towards the Petitioner.
37. That with an honest intention to find out about the reason of
the displeasure of the Respondent towards the Petitioner,
when the Petitioner called her mother-in-law in order to
enquire if she knew anything about the same. The Petitioner’s
mother-in-law told the Petitioner that whatever her elder
daughter-in-law earns, she gives every single penny to his
husband, thereby clandestinely implicating that the Petitioner
should keep her entire salary in the hands of the Respondent.
The Petitioner, after bearing every little expenses of the
Respondent and buying gifts for him and his family members,
was astounded to hear the reason for the Respondent’s
displeasure.

38. That however, in order to verify if what have been implicated

by her mother-in-law is true or not, the Petitioner asked the
Respondent as to why he doesn’t contribute in the household
expenses and if he keeps on sending and spending his entire
salary to his family back in Village Barwar, they would not be
able to make any savings. And since both of them work in the
private sector, it is necessary that both of them save money for
their future as there will deriving no pensions after their
retirement. Upon hearing the same, the Respondent exploded
like a volcano on the Petitioner, cursed her and abused her
and her entire family.

39. That the Respondent and his mother kept on harassing the
Petitioner for months for the Petitioner not giving her entire
salary either to the Respondent or his mother. That with an
intention to further humiliate and harass the Petitioner, the
Respondent used to call his family members and discuss with
them, as to how less dowry was given by the Petitioner’s father
at the time of marriage and how his daughter is such an
upstart that even she wouldn’t even cover the shortcomings in
dowry by giving her entire salary to the Respondent, while
 keeping his cell phone on speaker mode, thereby ridiculing the
Petitioner and her family members.

40. That the Respondent used to come home, at 4:00 AM or 5:00

AM in the morning, from work and when he was asked about
being late he would abuse Petitioner and told her that “Apna
apna raho, meri zindagi me zyada dakhalandazi karne ki
zaroorat nai hai” That when the Petitioner called her Mother in
law and narrated the entire incidence to her, telling her that
“apna apna hi to shadi se pehle reh rahe the, agar aise hi
rehta tha to shadi kyun ki” hoping that she would talk some
sense into his son, the Respondent. The Respondent’s mother
upon hearing the said incident told the Petitioner that instead
of complaining about the situation the Petitioner should start
living whichever way her son wants the Petitioner to live,
absolutely contrary to what she had hoped to listen from her
mother-in-law.

41. That the Petitioner being born and brought up in a loving and
caring joint family, had not witnessed such behaviour from
one member of a family towards another and the constant
humiliation, harassment and distress caused by the
Respondent and his family members to the Petitioner, pushed
her in a state of depression.

42. The Petitioner’s Mother in Law went on to say in a

condescending manner that the Petitioner should feel obliged
that his son is permitting her to stay in his house. Moreover,
Petitioner’s mother in law stated to the Respondent that, “You
will have to give your complete salary to my son as he has
several responsibilities and being part of our family now you
should start taking care of other two bother in laws and their
respective Children as both of them are unemployed” and
hung up the call without sorting the actual dispute.
43. That when all efforts failed, the Petitioner, as a last resort to
save her marriage, expressed to the Respondent her wish to
have a child with him, thinking that maybe a child begotten
out of their marriage might be able save their marriage but
this request also annoyed the Respondent and he said that he
considers his elder brother’s children as his own and neither
does he care if he has children in the future nor does he wants
any children.

44. That hurt by the statements of the Respondent the Petitioner

went numb and reminded the Respondent that the it was
discussed before their marriage itself , that she wanted to start
a family of her own to which he had not raised any objection
but had consented. Upon which Respondent stated that if he
would have sated it then there would have been no marriage
and you need children I am providing you with children and
how does it matters whether they are mine or of my brother’s.

45. That the pleas and requests of the Petitioner were met with
abuses and caste based slurs from the Respondent. The
Respondent abused the Petitioner by saying “How can you
even think that I would want to have my children with a
despicable and low caste woman like you?”. Which came as a
shock to the Petitioner and she said that she will take this
matter to both the families.

46. That the last statement of the Petitioner enraged the

Respondent so much that the latter started slapping the
former and kept on slapping her repeatedly, several times that
she and when some voice came from outside the Respondent
dragged the Petitioner from the hall area towards the room,
threw her on the bed and mounted on her, by pressing down
her hands beneath his legs, and then started slapping her
again. The Respondent then assaulted the Petitioner by
forcibly taking the Petitioner off the bed, by her hair, and
 thereafter banging the latter’s head against the wall two times.
That then the Respondent threatened the Petitioner by saying
that she is free to call whomsoever she wants, whether it be
the Respondent’ parents or the Petitioner’s herself and is also
free to lodge an FIR against the Respondent with the Police,
and further said “तु झे इस तरह मार्रूं गा की खून नहीं निकले गा” (I will hit
you in such a way that you’ll not bleed), and the Petitioner will
have no proof to show to the police of the beatings and
physical violence committed upon her by the Respondent.
That the Petitioner due to the beatings and the entire weight of
the Respondent upon her started to suffocate and with an
intent to save herself hit the Respondent with first thing she
could grab in that state of helplessness.

47. That the Petitioner was never treated as a wife or was

given the respect she deserved as member of a family instead
she was treated with so much cruelty that she went into grave
depression and the Petitioner made her realized that she was
incapable of anything and she was the root cause of every
problem.

48. That the Respondent became habitual of taking undue

advantage of patience of the Petitioner and committed
domestic violence against her, by hitting her and abusing her
and her parents. That the Respondent used to throw the
Petitioner out of the house every 2nd or 3rd day after1:00 AM
or 2:00 AM. The Petitioner thereafter always use to go and sit
in the neighbourhood Ganpati temple and cry all the night.
That the Petitioner had lost her confidence and went into such
a state of depression, due to the atrocities committed upon her
by the Respondent and his family members, that neither she
could muster the courage to go the Police to register complaint
against the domestic Violence committed upon her and even
when the Patrolling vans used to pass through the Ganpati
Temple, where the Petitioner used to go after the Respondent
 threw her out of his apartment, she would hide thinking that if
the Police would see her they would her ask all kind of
questions and also if somebody would see her in that
condition they would gossip about her and her family, thereby
being the cause of disrepute to her family . She use to come
back to Respondent’s house by 5 AM or late in the fear that no
one should see her in society and also, by that time
Respondent would be asleep.

49. That the Petitioner belongs from a respected family and has
not suffered such pain and insult before this incidence. And
also because she has good morals and ethics, therefore for
saving her, her parent’s and the Respondent’s honour in front
of the housing society, she chose not to file the complaint
against the Respondent and tried harder to fix the situation
and save her marriage.

50. That the family of the Respondent visited the Petitioner and
Respondent at their residence in Pune during summer
vacations, the Petitioner was forced to do every everything
from cooking to washing the utensils, even though she is a full
time working lady and used to go to the office daily, and no
one from the Respondent’s family assisted her. They did not
wash even their own utensils after eating and waited for the
Petitioner to return from the office and the she would wash
utensils cook food for everyone and the again wash utensils
after every one has finished eating.

51. That observing the fact that the Respondent doesn’t harass
and beats the Petitioner physically while the former’s family is
around, the Petitioner even tried to make the Respondent’s
mother stay back with them, hoping that would bring some
harmony and balance in the married life of the Petitioner.
However as soon the family of the Respondent’ family left for
 their ancestral home in village Barwar, he again started
harassing and beating the Petitioner.

52. That Petitioner’s office was almost 30 KMS from Respondents

flat and after completing her regular office of 10 hours every
day her travel time to and fro was of approximately 3 – 4
hours. Apart from that she was made do whole household
responsibilities which included cooking, washing, cleaning and
buying monthly and daily necessities made her completely
exhausted both mentally as well as physically.

53. That the Petitioner used to find different ways to harass the
Petitioner. That the Respondent used to deliberately poke the
Petitioner and abuse her family so as to provoke her into
getting into an altercation with the former and as soon as the
Petitioner would object to the abusing and cursing of her
family by the Respondent he would call either his own family
members or the Petitioner’s family members to portray that it
is the Petitioner who is quarrelsome, in order to malign the
social image of the Petitioner.

54. That healthy consummation of a marriage is one of the basic

tenets of a successful relationship however the Respondent
used to force the Petitioner into physical relations in the
afternoon only and open the curtains in the room, with sole
purpose of humiliating the Petitioner.

55. That the Respondent stoop down to such a level that he dared
to call the parents of the Petitioners and made false allegations
against her that the Petitioner is the one who uses violence
against him.

56. That perturbed by such allegations made against their

daughter, in order to check the veracity of the above said
allegations by the Respondent, the parents of the Petitioner
called the Petitioner. That after hearing the allegations made
 by the Respondent the Petitioner broke down on the phone
itself. The Parents of the Petitioner on hearing their daughter
crying travelled immediately to Pune where they confronted
the Respondent for his misdeeds. The Petitioner’s parents
asked the Respondent as to why did he married the Petitioner
if he and his family only wanted to harass the Petitioner on
one pretext or the other. That on being vehemently confronted
by the Petitioner’s parents, the Respondent pleaded that he
would mend his ways and begged for one last chance from the
Petitioner and her parents.

57. That the Petitioner’s parents resided at the residence of the

parties to the petition in Pune for 4 days where the
Respondents acted as a responsible husband towards the
Petitioner, for the Petitioner and her parents to realise that he
has changed.

58. That the Respondent went on to charade as a responsible

husband for another month or two after the Petitioner’s
parents left, which had the Petitioner fooled that the
Respondent is a changed man. After which the Petitioner again
pleaded with the Respondent to have a child. It was then that
the entire conspiracy of the Respondent to bring the daughter,
Astha Saxena, of his elder bother to Pune was revealed to the
Petitioner. The Petitioner objected to the said planned
suggestion of the Respondent and said that it would not be
possible for them to take care of a teenage girl since both of
them are working professionals and remain in office for long
hours. That the Petitioner was not against the idea of the
Respondent’s elder daughter coming to live with them but
wanted that the young girl should be accompanied either by
her mother or grandmother upon which the Respondent
started shouting on the Petitioner and said that she is the one
who has to take care of the family and if she is not able to
manage the same, she should leave her job.
59. That is when the charade of the Respondent, before the
marriage, that he is a “progressive” and that he has no
problem from the fact that the Petitioner works and that she
wants to continue working after marriage came to light.

60. That the Petitioner later also was told by the friends of the
Respondent that he is a misogynist and doesn’t consider
women to be equal to men and the Petitioner had herself heard
the Respondent talking over the phone that he considers
women to be of no use and that they should never be given
employment by anyone.

61. That the Petitioner also called up her mother in law to discuss
and request to her that if the latter will talk with the
Respondent he will surely comply and have a child with the
Petitioner. But to the astonishment and dismay of the
Petitioner, her mother-in-law rhetorically questioned and
advised the former the same thing the Respondent had said,
as to why the Petitioner wanted to have kids of her own when
Respondent’s brother’s children are already there. That she
should take care of Respondent’s brother’s children and look
after their financial requirements instead of having her own
kids.

62. That somehow to Respondent agreed for having the child but
even after a lapse of two years of marriage, the Petitioner was
not able to conceive a child, so she met with a doctor who
advised her to undergo some medical test which was
necessary to confirm the fertility of the Petitioner and in which
all the test came in favour of Petitioner and it was confirmed
that she was capable of conceiving a child.

63. That when the Petitioner requested the Respondent to get the
necessary test done in order to determine his fertility, but the
Respondent always tried to change the subject by either name
 calling the Petitioner or her family members or by shouting at
her for petty stuff. That the concerned request of the Petitioner
that the Respondent should take the Fertility Test was
revealed by him to his entire family, because of the
Respondent’s family being of a patriarchal mindset, led the
Respondent’s entire family ridiculing the Petitioner.

64. That on being confronted by the Petitioner as to why the

Respondent ridicules and belittle the Petitioner in front of his
family members and also makes them (Respondent’s family)
part of every private conversations between a married couple,
the Respondent in a condescending and belittling way told the
Petitioner that the he will throw the results of the fertility test
on the face of the Petitioner once he gets the tests done. And
that finally one day the Respondent took the fertility test and
told the Petitioner that his test results came positive and that
nothing is wrong with him. However all such claims of the
Respondent were false and untruthful. That thereafter when
the Petitioner requested to the Respondent that they should
meet the doctor and show the doctor their fertility test reports
as to why they are not able to conceive if both are capable of
producing a child, the Respondent started to abuse the
Petitioner in order to dodge the said issue, as he done in the
past, every time, when the Petitioner had requested or plead
the Respondent to consult a doctor for baby conceiving issues.

Copy of the Fertility Test of the Respondent is being annexed

herewith as Annexure P-6.

65. That the Petitioner was being repeatedly harassed and

pressurized by the Respondent to bring Rs. 4 Lakhs from her
parents to give the said amount to the Respondent’s elder
brother, Vivek Saxena, for the purpose of starting some
business and when the Petitioner denied due to financial
condition of her parents, as her father is a retired government
 employee who at the time had one more unmarried daughter,
the Petitioner was again beaten up badly and ridiculed by the
Respondent but for the sake of saving her marriage and her
parents from agony she tolerated all the mental and physical
harassment.
66. That on the first Diwali of the Petitioner, after marriage, the
father of the Respondent, Vishambhar Dayal Saxena and his
younger brother Piyush Saxena called the Petitioner and asked
her if she want to bring harmony in the relation of her and the
Respondent. Thereafter, Petitioner said that, I will do anything
possible to save our relations and asked them what she
requires to do. At that time father in law of the Petitioner
demanded Rs. 20,00000/- (Rs Twenty lacs only) for settlement
of case regarding the agriculture land situated in their home
district, Lakhimpur Kheri, by bribing the judge to give
judgement in their favour. That When the Petitioner told the
Respondent’s father and younger brother that she is incapable
of paying such a big amount they pressurised the Petitioner to
take a bank loan, however when the Petitioner denied to bow
down to their demands, the Respondent’s family tried to trick
the Petitioner into taking a loan, and give the money to them,
by coaxingly telling her that they’ll repay back the money to
the Petitioner when they have won the case by selling a part of
the abovesaid property. That the Petitioner tried to make the
father and the younger brother of the Respondent understand
that the Respondent himself has taken a loan and if she’ll also
take a loan, it will further worsen the financial conditions of
the Respondent and the Petitioner and further even if she’ll
take a loan and give them the money, to bribe the judge, there
is no guarantee that the decision would be pronounced in
their favour and then she will not be able to repay the loan.
That when the Petitioner refused to fulfil the illegal demand of
the Respondent’s family they started to harass the Petitioner
even more frequently, both mentally and physically.
67. That when the Respondent’s family was not able to extract
money from the Petitioner through the above said method the
younger brother Piyush Saxena hatched a conspiracy to buy a
piece of land worth Rs.30,00,000/- (Rupees Thirty Lacs Only)
in district Sitapur, which is home town of his wife Sikha
Saxena. That the mastermind of the said conspiracy was the
Respondent as the Petitioner had been requesting the former
to buy a home or invest in a piece of land so that they can
build a house on the said land after a certain period of time
from what they would save from their incomes. That what the
Petitioner didn’t knew was that the abovementioned piece of
land in Sitapur was to be bought in the name of the children
of her brothers-in-law, Vivek Saxena and Piyush Saxena. The
information that the said piece of land was to be bought in the
name of the Respondent’s brother’s children and not the
Petitioner was in the knowledge of entire family of the
Respondent, except for the Petitioner, and every single
member of the Respondent’s family was a part of this above
expounded conspiracy to dupe the Petitioner of the money she
would have borrowed from the bank for buying the said
property and thereafter the property itself.

68. That the Petitioner was being mentally harassed by the

Respondent and his family member by constant demand of
dowry and was being physically, sexually and mentally
harassed by the Respondent by infliction of unspeakable
cruelties on the Petitioner. However, the Petitioner was hopeful
and positive, that with time things between her and the
Respondent would change and she would be able to bring her
matrimonial life back on track, and for the same, countless
efforts were being put in by the Petitioner. But what was not
known to the Petitioner was that another set of Respondent’s
misdeeds, to sabotage the efforts of the Petitioner put in by her
to save her marriage, were right around the corner in the form
of extra marital relationships of the Respondent.
69. That during the month of January 2018, when Petitioner
accidently saw the phone she came to know that Respondent
has been talking in indecent ways to some ladies and has even
visited some lady who resides in Ludhiana.

70. That when the Petitioner came to know of the said fact and
enquired the Respondent about the same, he tried to ignore
the topic and started giving vague answers and then became
aggressive. That the Respondent finding it to be a good
opportunity to further malign the image of the Petitioner in
front of his family members, put his phone on speaker and
started saying that the Petitioner does nothing but suspects
the loyalty of the Respondent and thereafter disconnected his
phone. The Petitioner thereafter received call from her Mother-
in-law who further cursed the Petitioner that it was she who
was responsible for sabotaging her own marital relationship by
unnecessarily suspecting the Respondent.

71. That the Respondent used to talk with the some lady over
phone whole night sometimes the communication was till
04:00 A.M. or 05:00 A.M. in the morning. That although
normally the Respondent used to shout and talk loudly with
the Petitioner but while talking to the lady the Respondent
used to talk very softly and when Petitioner questioned as to
whom is he talking so late at night and that to so frequently
on an almost regular basis, the Respondent in order to hide
his illegitimate relationship with other woman used to throw
the Petitioner out of the house and didn’t let her in up until he
had completed his talks with said lady.

72. That the Petitioner due to suffering ineffable and indescribable

cruelties at the hands of the Respondent and his family
members, the Petitioner finally decided on 29.06.2018, to
leave the Respondent and took a flight for Lucknow.
73. That, the Petitioner and Respondent lastly resided together
28.06.2018 and since then they are residing separately from
each other.

74. That the Petitioner under state of depression got filed two
cases one under section 125 Cr.P.C. and other under section
12 of Domestic Violence Act which were withdrawn and in the
domestic violence case liberty to file a fresh was obtained from
the Hon’ble Court as the correct and actual facts were not
mentioned therein. True Copy of the Certified Copy of order,
dated 22.03.2021, passed by the Hon’ble Chief Judicial
Magistrate (Custom) Court is annexed herein as Annexure-P7.

75. That the Petitioner had also made a police complaint vide
under section 498- A, 323, 504, 506, 406 OF IPC at
Vishrantwadi Police Station, Pune vide C R No. 121/2019
wherein the chagesheet has been filed against the Respondent.

True translated Copy of the F.I.R registered against the

Respondent and his family members and the Charge-sheet
filed by the police in the said case is being annexed herewith
as Annexure-P8.

76. That when the Petitioner went back to Pune she shifted at her
friend’s house and the Respondent on false pretence of
reconciling visited the Petitioner at her friend’s house and till
then also Petitioner was having soft corner for the Respondent
and was hoping that things could still improve but
Respondent stole her memory card which photos from the
college time of the Petitioner and while the Petitioner and her
family members were busy in reconciling the relations,
Respondent was engrossed in the act of defaming the
Petitioner by sharing her objectionable pictures to
Respondents relatives and making false stories there by
putting final nail in coffin of relationship, leaving no scope for
reconciliation.
77. That the Petitioner in order to thwart the Respondent’s
efforts to defame the former, reported about the above
explained matter to Women power Helpline 1090 and filed a
complaint against Petitioner on 23.01.2019, case no. 219-I-
014553. Women Power line called the Respondent 5-6 times
between 23.01.2019 to 14.02.2019, questioning him for his
unethical deeds and to return Respondents memory card
immediately. That even after that the Respondent keep on
spreading rumours, false stories about the Petitioner with her
pictures which the Respondent had obtained from the memory
card stolen by him between his own relatives and friends as
the said memory card is still in the possession of the
Petitioner.

78. That the Petitioner’s life was miserable due to the

aggressive, indifferent, angry behavior of the Respondent and
continuous insults, taunting, very cold and indifferent attitude
of her in laws. The Petitioner was always taunted by her in
laws on various trivial matters. The Petitioner’s parents tried
to keep them happy in every way at every occasion by gifting
Petitioner’s in-laws with expensive gifts or cash but they were
never satisfied.

79. That it is the Petitioner who made repeated attempts for

reconciliation of the differences between the matrimonial
relationships but the adamant nature and loose character of
the Respondent, the Petitioner’s family and all her endeavor
proved to be unsuccessful.

80. That the Petitioner has suffered immense pain and hurt
form the Respondent. The Petitioner in mentally, physically
and emotionally scarred/drained and she is unable to carry on
anymore like this adamant and loose character person.
81. That it is significant to mention here that all the
streedhan article are still lying with the Respondent and his
family, In spite of repeated request from the Petitioner to the
Respondent for returning the articles, which actually belongs
to the Petitioner. Further all the expensive gifts are also lying
with the Respondent.

82. That under these circumstance the Petitioner cannot

reside with the Respondent under same roof and the facts
mentioned above had brought this situation to irretrievable
breakdown of marriage and the Petitioner is seeking
dissolution of marriage on the following grounds:-
a) Respondent having not fulfilling his matrimonial
obligation in the entire period of matrimonial relationship
they together ;
b) Respondent’s and his family members act of cruelty
upon the Petitioner is clear from the series of facts stated
above again leaving no scope for reconciliation;
c) Respondent had merely treated the Petitioner as his
personal bank and by emotionally exploiting Petitioner
took financial advantage which was the sole objective of
the Respondent and his family members from this
relationship.
d) Respondent using old photos of the Petitioner and
defaming her when she was making attempts to
reconcile, has put the last nail in the coffin of the
relationship putting it to grave, which now cannot be
revived.
83. That any further continuation of this marriage would pose
grave threat to life and career of the Petitioner and her family
members. As such the divorce in the present matter is
extremely necessary.

84. That it is important to point out the in order to escape from

the criminal prosecution and as a shield for financial liability
 arising out of matrimonial relationship Respondent had
already filed a Petitioner under section 9 of Hindu Marriage
Act in Pune Family Court.

85. That the Petitioner in view of the aforesaid facts and

circumstances and since she has been left with no alternatives
by the Respondent and his family but to stay with her parents,
and file before this Hon’ble court a petition for dissolution of
her marriage with the Respondent by a decree of divorce under
section 13 of the Hindu Marriage Act, 1955. That since all
efforts have already been made by the Petitioner and her
family for retaining marital relationship between parties, but
all was in vain. That the Petitioner remarks that the action of
the Respondent and his family were not only shocking but
they were very strongly intended to defame Petitioner and her
family in their own society causing which is the textbook
definition of cruelty against the Petitioner.

86. That the Petitioner’s cause of action to file the present

petition arose firstly from the date of marriage itself when
there false claims made by the Respondent and there was
demand for dowry from the Respondent’s family then it again
arose on various dated when the Petitioner was abused
physically and emotionally by the Respondent and his family
members, It further arose when Petitioner came to know about
Respondent’s extramarital affair and adulterous relationship
with another lady, it continued on various occasion whenever
Petitioner use to call and abuse her. The said cause of action
further arose on several dates when the Petitioner had to face
immense mental torture and the cause of action is still
continuing and is persistent.

87. That the present petition has not been filed by Petitioner
in connivance with the Respondent.
 88. That no such petition pending or has been filed or
decided by any court of Law on same subject matter between
the same parties.

89. That Petitioner has no legal impediment why the relief

sought for is not granted to the Petitioner.

90. That a fixed court fee has been paid on the petition.

91. That this application is made bonafide and in the interest

of Justice.

Prayer

That in view of the facts and submissions made above it is most

respectfully prayed that this Hon’ble Court may kindly be pleased
to-
I. Grant a decree of divorce dissolving the marriage of the
Petitioner with Respondent;
II. Pass and order of permanent injunction against the
Respondent, her agents /commissions/
attorneys/relatives etc. retraining her from entering into
the house and the office of the Petitioner of his relatives;
III. Pass An order directing the Respondent to return all the
streedhan articles, gifts presented to the Petitioner by her
family and friends at the time of marriage, including
memory card ;
IV. Pass an order directing Respondent to pay the Petitioner
amount of total expenditure of marriage incurred by the
Petitioner’s parents i.e. Rs.20, 00, 000/- (Rupees Twenty
Lacs Only).
V. The Respondent may be directed to pay Rs. 50,00,000/-
as damages.
 VI. Award Cost and incidental charges of the present
proceeding
VII. Grant any other relief as the Hon’ble Court may deem fit
and proper to the present facts and circumstances of the
case.

And Your Petitioner as in duty bound shall ever pray.

Lucknow Petitioner

Date:- Through

(COUNSEL)

Shipra Tripathi and Achintya Pandey

(Counsel for the Petitioner)

VERIFICATON:

Verified that the contents of Paras No.1 to ____ and ____ of the
petition are true to best of my knowledge and Paras No. ____&____
of the petition are true to best of my belief as information received
by me through my counsel. Last Para is the prayer before this
Hon’ble court.
Verified at __________ on ____ day of ………………..; 2021.

Petitioner

IN THE COURT OF HON’BLE PRINCIPAL JUDGE, FAMILY

COURT, LUCKNOW
 H.M.A PETITION NO:- OF 2021

IN THE MATTER OF:-

Mrs. Shweta Yadav …Petitioner.

Verses-

Prabhat Kumar Saxena ...Respondent

AFFIDAVIT IN SUPPORT OF PETITION U/S 13 (1) (a)

I Ms. ShwetaYadav aged about 37 (thirty-seven) years. D/o of Mr.

Surendra Kumar Yadav, by faith Hindu, do hereby solemnly affirm
and declare as hereunder:

1- That I was married with the Respondent on 09.03.2016

according to Hindu Marriage Rites and ceremonies at Parijat
Shadi Ghar, Insafnagar, Sector-11, Indira Nagar, Lucknow,
Uttar Pradesh.

2- That I have given my consent for the dissolution of my

marriage with Respondent by my own free will without any
coercion, fraud, undue influence or pressure from any quarter.

3- That I have not presented this Petition in collusion with

Respondent.

4- That I have gone through the contents of the accompanying

petition for divorce and the facts stated therein are true and
correct to my knowledge and be read as part and parcel of this
affidavit and are not being repeated here for the sake of
brevity.

VERIFICATION

I, the above named Deponent do hereby solemnly affirm and declare

that the contents of the above Affidavit are true and correct to my
knowledge and no part of it is false and nothing material has been
concealed therefrom.

Verified at ____ on this ………………..; 2021.

Deponent.
 IN THE COURT OF HON’BLE PRINCIPAL JUDGE, FAMILY
COURT, LUCKNOW

H.M.A PETITION NO:- OF 2021

IN THE MATTER OF:-

Mrs. Shweta Yadav …Petitioner.

Verses-

Prabhat Kumar Saxena ...Respondent

LIST FO DOCUMENTS

1. Copy of the marriage card/ Marriage certificate of parties to

the petition.
2. Copy of the photographs as bride and groom, of the Petitioner
and Respondent respectively, at the time of marriage between
parties to the Petition.
3. Copy of bank statement showing withdrawal at the time period
of marriage and Invoices of various expenditures made for the
purpose of marriage, on the Petitioner’s side.
4. Copy of some of the invoices traced, of the jewellery and
ornaments bought by the Petitioner and her family.
5. Copy of the banks statements and the credit card statements
for few months, of the Petitioner showing the expenses
incurred by her on households.
6. Copy of the Fertility Test of the Respondent.
7. True Copy of the Certified Copy of order, dated 22.03.2021,
passed by the Hon’ble Chief Judicial Magistrate (Custom)
Court.
8.True translated Copy of the F.I.R registered against the
Respondent and his family members and the Charge-sheet
filed by the police.
Lucknow Petitioner

Date:- Through

(COUNSEL)

Adv. Shipra Tripathi and Adv. Achintya Pandey