IN THE CIVIL COURT SENIOR DIVISION THANE,

AT THANE
M. J. PETITION NO. _______ OF 2023
IN THE MATTER OF:

Mrs. Jyoti Sonu Soni, )

Religion: Hindu; Indian Habitant, )
Age: 34 years, Occ.: House Maker, )
R/o.: Bldg. No. 01, A / 304, )
Ajmal Ramdev C.H.S.L., S. V. Road, )
Near Naresh Steel, Navghar Road, )
Bhayandar (East), Thane – 401 105. )
Mob. No.: +91 – 88988 94301 )
E – Mail Id.: jnj.soni@gmail.com ) …Petitioner
And
Mr. Sonu Najju Soni, )
Religion: Hindu; Indian Habitant, )
Age: 37 years, Occ.: Service, )
R/o.: Flat No. 16, Shree Chintamani )
“B” C.H.S.L., Siddhi Vinayak Marg, )
Behind Ice Factory, )
Bhayandar (West), Thane – 401 101. )
Mob. No.: +91 – 88288 94301 )
E – Mail Id.: jnj.sonu@gmail.com ) …Respondent

PETITION FOR DISSOLUTION OF

MARRIAGE BY A DECREE OF
DIVORCE u/s 13 (1) (1-i) (i-a) and 13
(1) (i-b) OF HINDU MARRIAGE
ACT,1955
To,

THE HON’BLE PRINCIPAL JUDGE AND

OTHER JUDGES OF THIS HON’BLE COURT

MOST RESPECTFULLY SHEWETH:

The Petitioner on solemn affirmation states as follows: -

1. The Petitioner and the Respondent belong to the same

caste and Community and as such the marriage was love
cum arrange Marriage.

2. That, the Petitioner and the Respondent are Hindu by

religion and resident in the state of Maharashtra. The
Marriage between the Petitioner and the Respondent was
an love cum arrange marriage which was solemnized on
24th December, 2007; at Bankhedi, Madhya Pradesh; in
presence of close friends and family members. Hereto
annexed and marked as Exhibit – “A” (Colly) is the copy
of the Aadhar Card(s) of the Petitioner and the
Respondent, Wedding Invitation Card and Joint
Photograph of the Petitioner and the Respondent.

3. That, the Status and Place of Residence of the parties to

the marriage before the marriage and at the time of filing
this petition is given as under:

i. Place of Residence before the marriage of the

Petitioner: Bldg. No. 01, A / 304, Ajmal Ramdev
C.H.S.L., S. V. Road, Near Naresh Steel, Navghar
Road, Bhayandar (East), Thane – 401 105.
 ii. Place of Residence before the marriage of the
Respondent: Flat No. 16, Shree Chintamani
“B” C.H.S.L., Siddhi Vinayak Marg, Behind Ice
Factory, Bhayandar (West), Thane – 401 101.

iii. Place of Residence at the time of filing the

petition of the Petitioner: Bldg. No. 01, A / 304,
Ajmal Ramdev C.H.S.L., S. V. Road, Near Naresh
Steel, Navghar Road, Bhayandar (East), Thane –
401 105.
iv. Place of Residence at the time of filing the
petition of the Respondent: Flat No. 16, Shree
Chintamani “B” C.H.S.L., Siddhi Vinayak Marg,
Behind Ice Factory, Bhayandar (West), Thane – 401
101.

4. That, prior to the said marriage, the Petitioner was a

Spinster. The maiden name of the Petitioner was Miss.
Jyoti Pramod Soni and the Respondent i.e., Mr. Sonu
Najju Soni; was a Bachelor.

5. That, the Petitioner and the Respondent co – habited with

each other at the residence which both the Petitioner and
the Respondent had bought together i.e. at Flat No. 16,
Shree Chintamani “B” C.H.S.L., Siddhi Vinayak Marg,
Behind Ice Factory, Bhayandar (West), Thane – 401 101,
more particularly described in the title hereinabove.

6. That, the Petitioner states and submits that, out of the

said wed lock there is one issue born; one daughter i.e.,
Ms. Jeevika Sonu Soni; Age: 13 years. Hereto annexed
 and marked as Exhibit – “B” is the copy of the Birth
Certificate of Ms. Jeevika Sonu Soni.

7. That, the Petitioner shall have the custody of the

Daughter i.e., Miss. Jeevika Sonu Soni; Age: 13 years and
shall decide future of her child in reference to her Studies
and Marriage, etc.

8. That, the Petitioner is solely liable and undertakes to bear

all the expenses towards the Daughter’s i.e., Miss. Jeevika
Sonu Soni; with respect to her studies, health,
investments, marriage, etc., along with other day to day
expenses.

9. That, the Respondent is regularly into Rigid Eating and

Drinking Habits which has caused Physical and Mental
Harassment to the Petitioner. The Respondent on many
occasions has brutally beaten the Petitioner and has
caused physical violence against the Petitioner. This
regular habit of the Respondent shows the irresponsible
behaviour of the Respondent causing grave and financial
and other hardships to the Petitioner.

10. That, the Respondent is also involved in the adulterous

activity which has caused immense trouble and hardships
to the Petitioner and their minor Daughter, thereby badly
affecting the mind of the minor Daughter and hence, in the
interest of the proper upbringing and welfare of the minor
Daughter, the Petitioner has finally decided to file the said
Petition.
11. That, the Respondent was counselled by family as well as
friends on various occasions against the adulterous activity
of the Respondent but the Respondent never improved and
continued his cruelty on the Petitioner and continued his
illicit relationship with other women.

12. That, the Petitioner has filed various Complaints of

Domestic Violence with the Local Police Station against the
Respondent but the Respondent never changed his ways
and continued his physical and mental assault on the
Petitioner since 15 years.

13. That, the Petitioner had lastly filed a Complaint at

Bhayandar Police Station and the said Complaint was
referred to the “Bharosa Cell” where both the Petitioner
and the Respondent were counselled by the team of
counsellors at the “Bharosa Cell”, but the Respondent has
shown no sign of repentance but in turn has started
consuming alcohol on regular basis and is thereby spoiling
the Petitioner and their minor Daughters life to a great
extent.

14. That, the Respondent Has Deserted the Petitioner and

their minor Daughter on multiple occasions due to the
Rigid drinking habits of the Respondent as well as due to
the Adulterous activity of the Respondent.

15. That, the marriage between the Petitioner and the

Respondent was only for namesake as the Respondent
never obeyed his duties towards the Petitioner and his own
 daughter but in return the Petitioner has been abused,
troubled and harassed by the Respondent.

16. That, the Petitioner was physically as well as mentally

abused, harassed and troubled by the Respondent in
Public.

17. That, the Petition has not in any manner necessary to or

condoned the acts complained of or connived at, but the
Respondent is treating the Petitioner with Cruelty.

18. That, the Petition is being presented without any

unnecessary or improper delay on the part of the
Petitioner.

19. That, there is no other legal ground as to why the decree

prayed for should not be granted in favour of the
Petitioner.

20. That, This Hon’ble Court has jurisdiction to entertain and

try this petition as the marriage was solemnized on 24th
December, 2007 and the parties last resided together at:
Flat No. 16, Shree Chintamani “B” C.H.S.L., Siddhi
Vinayak Marg, Behind Ice Factory, Bhayandar (West),
Thane – 401 101.

21. In the Facts and Circumstances of case mentioned herein

above this Hon’ble Court may graciously be pleased to:

PRAYER

That the Petitioner, therefore, prays as under:

 a) The Hon’ble Court may be pleased to dissolve the marriage
between the parties by a decree of Divorce on the ground of
Cruelty, Adultery and Desertion.

b) Any other relief or reliefs which the court may deem proper
under the circumstances be also awarded to the Petitioner.

Thanking you!

Place: Thane PETITIONER,

Date: (Mrs. Jyoti Sonu Soni)

VERIFICATION

I, Mrs. Jyoti Sonu Soni, Age: 34 years, residing at: Bldg. No.
01, A / 304, Ajmal Ramdev C.H.S.L., S. V. Road, Near Naresh
Steel, Navghar Road, Bhayandar (East), Thane – 401 105., the
Petitioner, do hereby solemnly declare that whatever stated
herein the Petition is true and correct to the best of my
knowledge and belief and per the instruction given by me.

Solemnly affirmed at Thane )

This ______ day of _______ 2023 )

 PETITIONER,

(Mrs. Jyoti Sonu Soni)

Identified by me

Advocate for the Petitioner

(Ms. Asba Khatib)

 IN THE CIVIL COURT SENIOR DIVISION THANE,
AT THANE
M. J. PETITION NO. _______ OF 2023

Mrs. Jyoti Sonu Soni …Petitioner

And
Mr. Sonu Najju Soni …Respondent

AFFIDAVIT OF PETITIONER IN SUPPORT OF THE PETITION

I, Mrs. Jyoti Sonu Soni, Age: 34 Years, residing at Bldg. No. 01, A
/ 304, Ajmal Ramdev C.H.S.L., S. V. Road, Near Naresh Steel,
Navghar Road, Bhayandar (East), Thane – 401 105., do hereby
state on solemn affirmation as under:
1. I say that I got married to Respondent on 24th December,
2007 as per the Hindu Vedic Rites and Customs.
2. I say that I am Hindu, Indian inhabitant and the domicile
of state of Maharashtra.
3. I say that at the time of marriage I was a spinster.
4. I say that the Respondent has continuously treated me
cruelly and has been averred by me in the petition.
5. I say that there has not been any unnecessary or improper
delay in the initiation of the proceedings.
6. I say that there is no previous proceeding with regard to
subject matter of the petition in the Hon’ble Court or any
other Court in India. at: Bldg. No. 01, A / 304, Ajmal
 Ramdev C.H.S.L., S. V. Road, Near Naresh Steel, Navghar
Road, Bhayandar (East), Thane – 401 105.
7. I say we lastly resided together, Flat No. 16, Shree
Chintamani “B” C.H.S.L., Siddhi Vinayak Marg, Behind Ice
Factory, Bhayandar (West), Thane – 401 101. and
presently I am residing within the local limits of ordinary
jurisdiction of this Hon’ble Court and as such this Hon’ble
court has jurisdiction to entertain the petition.

Solemnly affirmed at __________ on day of ___________, 2023

PETITIONER,

(Mrs. Jyoti Sonu Soni)

Advocate for the Petitioner

(Ms. Asba.A. Khatib)

 IN THE CIVIL COURT SENIOR DIVISION THANE,
AT THANE
M. J. PETITION NO. _______ OF 2023

Mrs. Jyoti Sonu Soni …Petitioner

And
Mr. Sonu Najju Soni …Respondent
MEMO OF ADDRESS

Mrs. Jyoti Sonu Soni, )

Religion: Hindu; Indian Habitant, )
Age: 34 years, Occ.: House Maker, )
R/o.: Bldg. No. 01, A / 304, )
Ajmal Ramdev C.H.S.L., S. V. Road, )
Near Naresh Steel, Navghar Road, )
Bhayandar (East), Thane – 401 105. )
Mob. No.: +91 – 88988 94301 )
E – Mail Id.: jnj.soni@gmail.com ) …Petitioner
And
Mr. Sonu Najju Soni, )
Religion: Hindu; Indian Habitant, )
Age: 37 years, Occ.: Service, )
R/o.: Flat No. 16, Shree Chintamani )
“B” C.H.S.L., Siddhi Vinayak Marg, )
Behind Ice Factory, )
Bhayandar (West), Thane – 401 101. )
Mob. No.: +91 – 88288 94301 )
E – Mail Id.: jnj.sonu@gmail.com ) …Respondent

Filed in Court on Ms. Asba A. Khatib

_____ Jan., 2023. Adv. for the Petitioner
IN THE CIVIL COURT SENIOR DIVISION THANE,
AT THANE
M. J. PETITION NO. _______ OF 2023

Mrs. Jyoti Sonu Soni …Petitioner

And
Mr. Sonu Najju Soni …Respondent

LIST OF DOCUMENTS

Page.
Sr. No Particulars Exhibit
No.
Copy of the Aadhar
Card(s) of the Petitioner
and the Respondent,
A
01. Wedding Invitation Card
(Colly)
and Joint Photograph of
both the Petitioner and
the Respondent.
Copy Of Birth Certificate
02. B
of Ms. Jeevika Sonu Soni.

Filed in Court on Adv. for the Petitioner

_____ Jan., 2023. Ms. Asba A. Khatib
 IN THE CIVIL COURT SENIOR DIVISION THANE,
AT THANE
M. J. PETITION NO. _______ OF 2023

Mrs. Jyoti Sonu Soni …Petitioner

And
Mr. Sonu Najju Soni …Respondent

APPLICATION SEEKING PERMISSION

TO ENGAGE AN ADVOCATE

May it please your Honour

1. The above petition is being filed by me on the grounds of

cruelty, adultery and desertion.
2. As per the rules I am filing the petition but through an
advocate.
3. I am not in a position to plead my case as it involves
complicated question of law and facts.
4. I therefore pray that I may be permitted to engage an
advocate to plead my case.

Date:

Place: Thane Petitioner

(Mrs. Jyoti Sonu Soni)

 IN THE CIVIL COURT SENIOR DIVISION THANE,
AT THANE
M. J. PETITION NO. _______ OF 2023

Mrs. Jyoti Sonu Soni …Petitioner

And
Mr. Sonu Najju Soni …Respondent

VAKALATNAMA

I, Mrs. Jyoti Sonu Soni, the Petitioner; do hereby appoint

Miss. Asba A. Khatib, Mr. Jigar S. Shah, and Mr. Ronak A.
Shah; Advocate(s), High Court, Bombay; to Appear, Plead and
Act for me / us as Advocate(s) on my / our behalf in the above
said matter.

In witness whereof I / We have set my / our hand to this in

writing.

This _____ day of January, 2023.

Accepted:

Ms. Asba Khatib

Advocate, High Court.
Off. No. 06, Baldev Smruti,
Near Adani Electricity,
Vinayak Nagar Road,
Bhayandar (West), Thane – 401 101.
Reg. No.: MAH / 7165 / 2020
Mob. No.: +91 – 7977180519
Email Id.: advasbakhatib@gmail.com
(Mrs. Jyoti Sonu Soni)
Petitioner
IN THE COURT OF CIVIL JUDGE (S.D.),
THANE, AT THANE
M.J. PETITION NO. ___________
OF 2023

Mrs. Jyoti Sonu Soni

…Petitioner
And
Mr. Sonu Najju Soni
…Respondent

DIVORCE PETITION

Dated ____ day of January, 2023

MS. ASBA A. KHATIB

Advocate for the Petitioner
Off. No.: 06, Baldev Smruti C.H.S.L.,
Near Adani Electricity, Vinayak Nagar,
Bhayandar (West), Thane – 401 101.
Mob No.: +91 – 79771 80519
Email Id.: advasbakhatib@gmail.com