IN THE HON’BLE COURT OF THE SENIOR CIVIL

JUDGE:PENUKONDA.

H.M.O.P. No. /2020

BETWEEN:

P.Deepthi Yadav …Petitioner

AND
V.N.Ambareesh …Respondent

PETITION FILED ON BEHALF OF THE PETITIONER

UNDER SEC.13 (1) (ia) OF THE HINDU MARRIAGE ACT, 1955.

1. PETITIONER:-
P.Deepthi Yadav, wife of V.N.Ambareesh, Aged 30 Years, Hindu,
Pvt. Employee, Permanent Resident of Mallapalli Village, Gorantla
Mandal.
Address for Service & Care of:-

Sri. M.NAGA SHYAM KIRAN,

ADVOCATE, ANANTAPURAMU.

2. RESPONDENT:-
V.N.Ambareesh, son of V.K.Narayana Swamy, Aged 32 Years,
Hindu, Residing at D.No. #106, Old Manjunatha Lay Out,
Opp.L.V.S. Excellence, Anandapura Circle, K.R.Puram, Bangalore-
560036.

3. The petitioner submits that the petitioner is the legally wedded wife
of the respondent. The petitioner submits that the marriage
between the petitioner and the respondent is solemnized on
07-08-2019 at Sri Amara Narayana Swamy Kalyana Mantapam,
Kaivaram, Chintamani Taluk, Karnataka State, as per the Hindu
Marriage Rites and Customs prevailing in the community in the
presence of the relatives and elders. On demand made by the
respondent and his parents Narayana Swamy and Eswaramma, the
parents of the petitioner paid a sum of Rs.3 Lakhs towards dowry
to the respondent and his parents Narayana Swamy and
 Eswaramma and the parents of the petitioner also presented 15
tulas of gold ornaments to the petitioner.

4. The petitioner submits that on the demand made by the

respondent and his parents Narayana Swamy and Eswaramma, the
parents of the petitioner spent huge amount of about Rs.5 Lakhs
towards solemnization of marriage. Immediately after the marriage,
the petitioner joined the matrimonial home with the respondent at
Bangalore. The petitioner is working as Software Employee in
Honey Well Company at Bangalore. The marriage between the
petitioner and the respondent is consummated.

5. The petitioner submits that before marriage the respondent and his
parents Narayana Swamy and Eswaramma, induced the parents of
the petitioner and the petitioner that the respondent is working as
Manager in Astra Zeneca Company and drawing salary of
Rs.50 Thousands per month and is having house building at
Bangalore worth of Rs.4 Crores. Believing the representation of the
respondent and his parents Narayana Swamy and Eswaramma, the
parents of the petitioner agreed for the marriage.

6. The petitioner submits that after few days of marriage, the

petitioner found that the respondent and his parents Narayana
Swamy and Eswaramma played fraud upon the petitioner and her
parents by falsely stating that the respondent is working as
Manager and earning Rs.50 Thousands per month and is having
house building at Bangalore worth of Rs.4 Crores. When the
petitioner made known about the fraud and misrepresentation
played by the respondent and his parents Narayana Swamy and
Eswaramma, with regard to employment and house property, the
respondent confessed to the petitioner that he is making trials to
secure employment and that the matrimonial home is the home of
his sister Smt. Anitha wife of Santhosh.

7. The petitioner submits that with a fond hope that the respondent
will secure a job, the petitioner adjusted to live with the respondent
and there was peace in the matrimonial home for a period of one
month. Thereafter the respondent began to harass the petitioner
demanding to pay her entire salary to him and the petitioner has
no other go except to pay the entire salary amount into the hands
of the respondent. The petitioner totally paid her four months
salary of Rs.1,60,000/- to the respondent (i.e., 4 months X
Rs.40,000/- per month= Rs.1,60,000/-). The petitioner submits
that not satisfied with the monthly salary of the petitioner, the
respondent instigated by his parents Narayana Swamy and
 Eswaramma, began to demand additional dowry of Rs.1 Lakh.
Unable to bear the torture of the respondent and his parents
Narayana Swamy and Eswaramma, the petitioner informed to her
parents.

8. The petitioner submits that the parents of the petitioner, Aswartha

Narayana and Yashoda approached the respondent and his parents
Narayana Swamy and Eswaramma, who are staying at Bangalore
and expressed their inability. The respondent and his parents
Narayana Swamy and Eswaramma, on the threat of discarding the
petitioner made the parents of the petitioner to pay a sum of
Rs.1 Lakh. The life went on without any torture for a period of one
month and thereafter in December, 2019, the respondent and his
parents Narayana Swamy and Eswaramma, again started to
demand additional dowry of Rs.2 Lakhs and the life of the
petitioner has become miserable as the respondent with instigation
of his parents Narayana Swamy and Eswaramma, began to beat
the petitioner indiscriminately demanding additional dowry of Rs.2
Lakhs.

9. The petitioner submits that by force the respondent taken away the
gold ornaments of the petitioner and spent for his vices and in
particular for his extra-marital relationships. The respondent has
extra-marital relationships with more women than one and used to
demand the petitioner to behave in an obscene way against the
norms of conjugal company of wife and husband and thereby
inflicted mental trauma.

10. The petitioner submits that on 25-12-2019, the respondent

and his parents Narayana Swamy and Eswaramma, bet the
petitioner indiscriminately and necked the petitioner from the
matrimonial home with a demand that the petitioner shall only
return to the matrimonial home with additional dowry of Rs.2
Lakhs.

11. The petitioner submits that on account of several acts of

omissions and commissions the marital life of the petitioner has
become miserable. Inspite of the best efforts of the petitioner to
adjust herself with the respondent and his parents, the petitioner is
subjected to mental and physical torture; respondent and his
parents by their continuous, constant unwarranted acts subjected
the petitioner to both mental and physical cruelty.

12. The petitioner submits thaon 29-12-2019 at about 05-00

p.m., the respondent and his parents Narayana Swamy and
 Eswaramma, came to Mallapalli Village, i.e., the residence of the
petitioner and her parents and abused the petitioner in the filthiest
language and beat the petitioner indiscriminately demanding
additional dowry of Rs.2 Lakhs. The parents and brother of the
petitioner intervened and rescued the petitioner from the hands of
the respondent and his parents.

13. The petitioner submits that after introspection finding that

there will not be any change in the respondent and his parents, the
petitioner lodged a complainant before Gorantla P.S., which is
registered against the respondent and his parents Narayana
Swamy and Eswaramma, for the offences punishable under
sections 498-A, 323, 506 r/w 34 Indian Penal Code and sections 3
& 4 of Dowry Prohibition Act in Cr. No.3/2020 of Gorantla P.S.

14. The petitioner submits that the petitioner was subjected to

untold misery and hardship which cannot be explained in any
terms of words. The petitioner submits that the respondent and his
parents Narayana Swamy and Eswaramma, through their cruel
acts violated the basic rights of the petitioner to live in a descent,
dignified and sacrament family life

15. The petitioner submits that the petitioner suffered mental and
physical cruelty in the hands of the respondent and from the
continuous constant and cruel conduct of the respondent, the
petitioner suffered a reasonable apprehension that it is absolutely
not safe to her life and limb to live together with the respondent
and due to the aforesaid circumstances it became impossible for
the petitioner to continue her marital life with the respondent and
there is irretrievable break down of her marriage and there are no
chances of reunion and thereby entitling the petitioner to file the
petition for dissolution of the marriage by decree of divorce on the
grounds of cruelty. There is no other go for the petitioner except to
file this petition.

16. Cause of action for the complaint arouse on 07-08-2019 from

the date of solemnization of marriage between the petitioner and
the respondent and on all subsequent dates when the petitioner is
subjected to physical and mental cruelty and further subjected to
matrimonial cruelty and additional dowry harassment in the hands
of the respondent and his parents and on 25-12-2019, when the
respondent and his parents bet the petitioner indiscriminately and
necked the petitioner from the matrimonial home with a demand
that the petitioner shall only return to the matrimonial home with
 additional dowry of Rs.2 Lakhs and on 29-12-2019 at about 05-00
p.m., when the respondent and his parents came to Mallapalli
Village, i.e., the residence of the petitioner and her parents and
abused the petitioner in the filthiest language and beat the
petitioner indiscriminately demanding additional dowry of
Rs.2 Lakhs and when parents and brother of the petitioner
intervened and rescued the petitioner from the hands of the
respondent and his parents and when the petitioner lodged a
complainant against the respondent and his parents before
Gorantla P.S., which is registered for the offences punishable under
sections 498-A, 323, 506 r/w 34 Indian Penal Code and sections 3
& 4 of Dowry Prohibition Act in Cr. No.3/2020 of Gorantla P.S.,
and that the petitioner is permanent resident of Mallapalli Village of
Gorantla Mandal, situated within the jurisdiction of this Hon’ble
Court.

17. No similar petition is filed by the petitioner before any other

court for the same relief claimed in the petition and that there is no
other effective alternative remedy available except to invoke the
jurisdiction of this Hon’ble Court.

18. There is no collusion between the petitioner and the

respondent in filing the petition.

19. The petition is filed for grant of divorce under Hindu Marriage
Act, 1955 and a fixed Court Fee of Rs.10/- is paid under Section 19
of Schedule II, Article I (VII) of A.P.C.F. and S.V. Act.

20. It is therefore prayed that the Hon’ble Court may be pleased

to pass an order in favour of the petitioner and against the
respondent:

a) By dissolving the marriage dated 07-08-2019 solemnized

between the petitioner and the respondent by a decree of
divorce;
b) For costs;
c) For such other reliefs that this Hon’ble Court deems fit and
proper in the circumstances of the petition in the interest of
JUSTICE.
 LIST OF DOCUMENTS

S.No Description of the Document Remarks

.
1. Wedding Card Filed
2. Marriage Photo Filed
3. F.I.R. in Cr. No.03/2020 of Gorantla P.S. lodged by the Filed
petitioner against the respondent and his parents.
4. Aadhaar Card of the petitioner Filed

PETITIONER

I, the above named petitioner do hereby declare that what all stated
supra is read over and explained to me in Telugu and admitting them to
be true and correct to the best of my knowledge, belief and information
put my signature here on -10-2020 at Penukonda.

PETITIONER

ADVOCATE FOR THE PETITIONER

 IN THE HON’BLE COURT
OF THE SENIOR CIVIL
JUDGE: PENUKONDA.

H.M.O.P. No. /2020

PETITION FILED ON
BEHALF OF THE
PETITIONER UNDER
SEC.13 (1) (ia) OF THE
HINDU MARRIAGE ACT,
1955.

FILED BY:-

Sri. M.NAGA SHYAM KIRAN,

ADVOCATE,
ANANTAPURAMU.