Dr. B.R.

AMBEDKAR NATIONAL LAW UNIVERSITY, SONIPAT

PROJECT ON

PETITION FOR DIVORCE UNDER SECTION 13(1) (ii) OF HINDU

MARRIAGE ACT, 1955

FAMILY LAW (PAPER CODE-305)

SEMESTER-III

SUBMITTED TO: SUBMITTED BY:

Dr. AMIT GULERIA VATSAL VATTA

ASSITANT PROFESSOR 2101108 (SECTION: B)

DBRANLU, SONIPAT

DATE OF SUBMISSION: 10 NOVEMBER, 2022

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 ACKNOWLEDGEMENT

I would like to express my sincere gratitude to Mr. Amit Guleria, Assistant Professor for
providing me with an opportunity to work on this project and allowing me to research on the
topic. This project has allowed me to understand the topic in a much better way and also added
to my knowledge many important topics that would be helpful to me in the future.

I would also like to thank my fellow students who have helped me in the preparation of this
project by providing valuable inputs from time to time

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 TABLE OF CONTENT

DIVORCE PETITION AND STATEMENT OF FACTS Pg. 4-5

PRAYER Pg. 6

VERIFICATION Pg. 6

AFFIDAVIT Pg. 7

VERIFICATION Pg. 8

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 DIVORCE PETITION UNDER SECTION 13(1) (ii) OF HINDU
MARRIAGE ACT, 1955

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, SONIPAT

H.M.A. PETITION No. 201 Of 2022

In the matter of:

VINEETA SHARMA D/O SATISH SHARMA.......................................................PETITIONER

VERSES

SHYAM PRAKASH S/O RAMLAL PRAKASH.................................................RESPONDENT

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF

DIVORCE UNDER SECTION 13(1)(ii) OF THE HINDU MARRIAGE ACT,
1955 AS AMENDED BY MARRIAGE LAWS (AMENDMENT) ACT, 1976

The petitioner respectfully submits as under:

1. That the marriage between the petitioner and the respondent was solemnized according to
Hindu rites, customs and ceremonies at Santosh Gardens and Party Lawns, Sonipat on 1 st
October, 2021 (01.10.2021).
2. That the parties to this petition after the solemnization of marriage, thereafter,
consummated the marriage, cohabited as husband and wife for one year.
3. That the marriage continued happily for one year and there was no children born out of
the wedlock.

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4. That the relationship between the petitioner and the respondent started to deteriorate
because the respondent had an affair with one Mahira, who is the colleague of the
respondent.
5. That the defendant had meted out cruelty towards her. He used to beat her and quarrel
with her openly, without any provocation, and subjected her to mental agony.
6. That the situation finally reached a crescendo when the petitioner found that the
respondent had embraced Islam and adopted Muslim religion. The petitioner asked the
respondent to come back to the fold of Hinduism but the defendant was adamant.
7. That on 16th October, 2022 the respondent had, after embracing Islam, run away with
Mahira and married her. The respondent’s sole purpose behind converting to Islam was to
marry Fatima.
8. That two days after marrying Fatima, the defendant has kicked the petitioner out of her
matrimonial home on 18th October, 2022 and had not been allowed back in her
matrimonial home. Hence, she considers the marriage to be over.
9. That the petitioner submits that the eventual breakdown of her marriage resulted from the
conversion of religion by the respondent.
10. That the fact that the respondent had converted to Islam and married Fatima has been
corroborated by the conversion certificate published by the controller of Publication in
the official Gazette and the Nikahnama, the marriage certificate issued by the Kazi who
performed the marriage.
11. That there is no collusion between the petitioner and the respondent in filing this petition.
12. That the court has jurisdiction in this matter as the marriage was solemnized at
SONIPAT. That the parties last resided together at Sonipat. That the parties are now
residing at Sonipat (Within the local limit of the ordinary original jurisdiction of this
Court.)
13. That the petitioner submits that this Hon’ble Court has jurisdiction to try and entertain
this petition.
14. That there has not been any unnecessary and improper delay in filing of this petition.
15. That there is no reason or ground which may legally bar the relief prayed for herein
below by the petitioner.

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 PRAYER
It is therefore, most humbly and respectfully prayed that this Hon’ble Court may:

1. Dissolve the marriage between the petitioner and the respondent by a decree of a divorce
under SECTION 13(1) (ii) OF HINDU MARRIAGE ACT, 1955 on the basis of
conversion of religion from Hinduism to Islam by the respondent.
2. To pass such other orders and further orders as may be deemed necessary on the facts and
in the circumstances of the case.

Place: SONIPAT PETITIONER

Dated: 08.11.2022 through COUNSEL

VERIFICATION

The petitioner states on solemn affirmation that the contents of paragraph 1 to 15 of the petition
are correct and true to the petitioner’s knowledge, belief and information and nothing material
has been concealed therefrom.

Last paragraph is a prayer to this Hon’ble Court.

Verified at SONIPAT on 08th November, 2022 (27.08.2022)

PETITIONER

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 AFFIDAVIT

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, SONIPAT

In re:

VINEETA SHARMA D/O SATISH SHARMA.......................................................PETITIONER

VERSES

SHYAM PRAKASH S/O RAMLAL PRAKASH.................................................RESPONDENT

AFFIDAVIT

I, VINEETA SHARMA D/O SATISH SHARMA, aged 25 years, R/0 SONIPAT, do hereby
solemnly affirm and declare as under:

1. That I am the petitioner in the above-noted petition and fully conversant with the facts of
the case and able to depose about the same.
2. That the accompanying petition has been drafted by my counsel on my instructions and
content of the petition have been read over and explained to me in vernacular language
and I have understood the meaning and implications thereof and the facts stated therein
are correct.
3. That the marriage between the deponent and the respondent was solemnized according to
Hindu rites, customs and ceremonies at Santosh Gardern and Party Lawns, Sonipat on 1st
October, 2021. (01.10.2021)
4. That the parties to this petition after the solemnization of marriage lived together
cohabited as husband and wife for five months.
5. That no child was born out of wedlock.
6. That the conversion of religion from Hinduism to Islam made it impossible for the
petitioner to continue the marriage.
7. That the petitioner submits that this Hon’ble Court has jurisdiction to try and entertain
this petition.
8. That there has not been any unnecessary and improper delay in filing of this petition.

DEPONENT

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 VERIFICATION

Verified at Sonipat on 08TH November, 2022 (08.11.2022) that the contents of paragraph 1 to 8
of the affidavit are true to the best of my knowledge and belief.

DEPONENT

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