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IN THE COURT OF HON’BLE VI ADDITIONAL DISTRICT AND SESSIONS

JUDGE – CUM – VI ADDITIONAL METROPOLITAN SESSIONS JUDGE – CUM –
HON’BLE FAMILY COURT JUDGE, RANGA REDDY DISTRICT, AT: KUKATPALLY

F.C O.P No. of 2023

Between:

Smt. Hithyshini G. Bhandari,

W/o Mithun P, aged 32 years,
occ: pvt. employee, R/o Flat No. 1010,
10th Floor, Block – 3, My Home Mangala Apartments,
Kondapur, Hyderabad – 500 084

Phone no. --- 9108972077

Email Id --- hithyshini.b90@gmail.com …… Petitioner
AND
Mithun P,
S/o Purushothama, aged 33 years,
occ: pvt. employee, R/o Sri Lakshmi
Venkateshwara Nilaya, # 18, 5th
Cross,
Belathur, Kadugodi Post, Bidarhalli Hobli,
Bengaluru – 67, Karnataka …… Respondent

PETITION FILED UNDER SECTION 13 (1) (ia) AND (ib)

OF HINDU MARRIAGE ACT, 1955

I. DESCRIPTION OF THE PETITIONER:

That the address of petitioner for the purpose of service of notices,

process, summons etc., is the same as shown in the above cause title.

II. DESCRIPTION OF THE RESPONDENT:

The address of the respondent for the purpose of service of notices,

process, summons etc., is the same as shown in the above cause title.
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III. BRIEF FACTS OF THE CASE:

1. Petitioner respectfully submits that her marriage with respondent was

solemnized on 13-08-2017 at Sri Matha Convention Hall, Kibbanahalli Cross,

Kibbanahalli Hobli, Tiptur Taluk, Tumkur District, Karnataka and it was an

arranged marriage attended by elders, relatives and well-wishers of both

sides.

2. Petitioner further submits that on demand of respondent’s parents,

petitioner’s parents have put gold on respondent and petitioner to the worth

around 7 to 8 Lakhs and it is specifically submitted that no gold has been

given to petitioner by respondent’s parents in marriage and petitioner’s

parents have also presented furniture, utensils and electric items to

respondent. Petitioner further submits that as per custom she joined

respondent at his native place i.e., # 1339/6, Sri Lakshmi Nilaya, Geetha

Road Vivek Nagar, Robertsonpet, Kolar Gold Fields (KGF), Kolar District,

Karnataka to perform and discharge marital obligation and subsequently from

27-09-2017 both petitioner and respondent started residing in a rented house

at K.R Puram, Bengaluru, Karnataka. It is not out of place to mention that

almost on every weekend petitioner and respondent visited respondent’s

native at KGF. Petitioner specifically submits that marriage is consummated.

It is hereby specifically stated that petitioner and respondent have no child

born out of their wedlock.

3. Petitioner further submits that prior to marriage petitioner was working

in Hyderabad and subsequently she shifted to her parents’ house. It is further

submitted that at the time of marriage petitioner was unemployed and

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respondent was working as a Finance Coordinator in Capgemini Private

Limited. It is further submitted that subsequently petitioner also started

working and respondent was also continued his work parallelly, but

surprisingly after about 1 year of marriage respondent quit his job all of

sudden without assigning any reasons to petitioner and started living on the

salary of petitioner and assured to join new company but no efforts were

being made by respondent. It is further submitted that as days passed

petitioner realized that respondent is habitual drunkard and also habituated in

betting much less in IPL Matches which he used to render/bet money with

petitioner’s salary much less without her knowledge by swiping petitioner’s

ATM and Credit Cards and whenever petitioner raised her concern towards

the same respondent used to harass petitioner and bet her. It is not out of

place to mention that when petitioner brought this notice to respondent’s

parents about respondent’s behaviour and habits i.e., drinking and betting,

to her utter shock and

dismay even respondent’s parents supported his ill-deeds and rather

they even started abusing petitioner and demanded dowry from petitioner.

4. Petitioner further submits that respondent and his parents continued

their harassment towards her and on many occasions they demanded dowry.

It is further submitted that respondent and his parents in general and

respondent in particular induced petitioner to obtain personal loan as she was

only job holder and dragged her in false promises that respondent along with
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his father have proposed to setup new business, as respondent was

unemployed and though petitioner was not willing but on respondent’s false

promises and ray of hope that respondent would settle as such petitioner was

forced to obtain personal loan f r o m I C I C bank, Kotak Mahendra Bank

and HDFC Bank in the month of June, 2019 for Rs. 15,00,000/- (Rupees

Fifteen Lakhs only) on EMI of Rs. 40,000/- per month and as on date

petitioner has paid 18,40,000 amount and is yet to pay for 14

months. Petitioner specifically submits that personal loan amount of Rs.

15,00,000/- was withdrawn by respondent and his father but no such

proposed business or establishment was ever setup and when petitioner

questioned about the same, she was subjected to physical harassment by

respondent. Petitioner further submits that respondent had also obtained

amount from petitioner’s credit card without her knowledge for an amount of

Rs. 2,00,000/-

. It is hereby specifically submitted that EMIs for personal loan and amount

through credit was eventually being debited from petitioner’s salary account

and at no point of time neither respondent neither his father have contributed

towards EMIs.

5. Petitioner further submits that as stated supra, as respondent was

habituated in cricket betting which was brought to the notice of his parents

who made a false promise that respondent will not continue the same. It

is further submitted that in the month of December, 2019 when petitioner and

respondent, along with petitioner’s parents when to Tirupathi, there

respondent once again started harassing petitioner for money for cricket

betting. It is
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further submitted that as lock down started petitioner and respondent

vacated their premises in Bengaluru and went to respondent’s parents’ house

i.e., at KGF and even during the pandemic respondent continued betting in

online games and thereby wasted petitioner’s hardened money and also loan

amount and when petitioner raised grievance and stopped giving money to

respondent, respondent’s mother stopped food to petitioner thereby petitioner

was subjected to starving for 2 days and even respondent supported his

mother.

6. Petitioner further submits that as she was subjected to torture and

harassment which she could not tolerate thereby she went to her parent’s

house in month of May, 2020. It is not out of place to mention that no efforts

were made by the respondent even to call petitioner or taking her back to his

house and all of sudden after around 3 months respondent without intimating

petitioner or her parents directly came to petitioners house and again without

any change in his behavior and attitude stared abusing petitioner and her

parents and eventually respondent stole petitioner’s money and jewels and

gold ornaments i.e., petitioner’s Mangalsutra, gold ring and gold chain and on

enquiry by petitioner parents it was revealed that said stolen jewels were

pledged by respondent in petitioner’s home town only i.e.,

Chikkanayakanahalli but the same said incident was not reported before

police only to maintain family’s reputation and with a hope that respondent

would not continue further. With all these incidents petitioners hope that

respondent would change in future was diminishing as there were no efforts

made by respondent to change

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himself and subsequently he left to his hometown i.e., KGF. Again to the

shock and surprise of petitioner and her parents in the same month i.e.,

August, 2020 respondent’s parents and their relative by name Dinesh (father’s

nephew) came to petitioner’s parents’ house in the mid night at around 01:30

A.M and requested petitioner’s parents to send petitioner to stay with

respondent at said Dinesh house at Banshankari, Bengaluru and that they

promised that respondent’s parents would not interfere in petitioner’s marital

life.

7. Petitioner further submits that in month of October, 2020 she went to

her parent’s house for Dussera festival wherein her pregnancy was confirmed

and immediately next month i.e., November, 2020 respondents’ parents

forced petitioner to come back to Bengaluru and asked to stay with

respondent. It is specifically submitted that respondent’s mother forcefully fed

petitioner with bakery items despite knowing very well that petitioner does

not prefer bakery food due to which petitioner was subjected to stress which

ultimately led to miscarriage which was heartbreaking. It is not out of place to

mention that neither respondent nor his parents showed any feelings, concern

or they were disturbed of petitioner’s miscarriage which further disturbed

petitioner’s feelings.

8. Petitioner further submits that in the month of March, 2021 again

petitioner was taken to KGF from Dinesh’s house at Bengaluru in the guise of

celebrating festival and also made petitioner to believe that respondent has
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changed and that she would be treated as a daughter. It is further submitted

that petitioner believed in respondent and his parents version but in vain,

whereby again after few days petitioner was subjected to physical harassment

in the hands of respondent and his parents for money and petitioner was

forcefully taken to different doctors though they were aware that petitioner’s

health and her report were normal, whereby tried to frame petitioner for

miscarriage and petitioner was time and again was to said harassment she

went back to Bengaluru in the month of June, 2021. It is not out of place to

mention that petitioner was vexed of respondent’s behavior and decided to

return to Bengaluru in the month of April, 2021 only but due to lockdown

having no other option was forced to stay in KGF only.

9. Petitioner further submits that in the month of October, 2021 Dinesh’s

family along with petitioner and respondent planned to visit Tirupathi but at

the fag-end respondent did not join and when petitioner was in Tirupathi she

received suicide note on her WhatsApp Number from respondent which

shocked her and tried to call back respondent but was unable to connect with

him and immediately they left from Tirupathi to Bengaluru and when they

reached home respondent was not in his house which was informed to his

parents but no efforts were made by respondent’s parents or Dinesh, but

again on next day respondent came to house and when petitioner enquired

about the message and his absence respondent started abusing petitioner in

filthy language. It is specifically submitted that subsequently when Dinesh

were
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checking out their ornaments which were in home, eventually realized that

same were stolen when they were in Tirupathi and when they enquired with

respondent they came to know that gold ornaments were stolen by

respondent and to cover his ill deeds he has sent message to petitioner. It is

further submitted that petitioner was surprised to understand the situation

that Dinesh and his family members did not lodge complaint and even after

coming to know that respondent has stolen the ornament they did not even

utter single word to respondent without informing petitioner left home and

went to KGF. It is further submitted that in the month of December, 2021

respondent parents came to Dinesh house and forced petitioner to come to

KGF, it is not of place to mention that respondent did not even bother to

come with his parents to take back petitioner and even respondent’s mother

did not even bother to talk to petitioner and from October, 2021 to

December, 2021 neither respondent nor his parents ever even tried to contact

petitioner and petitioner realized that there was no hope of change in

respondent she went to her parent’s house and informed respondent and his

parents to talk to her parents to sort out the difference between them.

10. Petitioner further submits that subsequently on many occasions

petitioner’s father made efforts to talk with respondent and his parents but in

vain and subsequently in the month of February, 2022 a meeting was fixed at

Bangarpet to settle the matter at respondent’s relative’s clinic, wherein

petitioner and her parents travelled all the way from Chikkanayakanahalli to
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Bangarpet and respondent did not even bother or tried to meet petitioner and

in said meeting respondent’s father, brother, respondent’s paternal and

maternal uncles and cousins meet but ultimately they all supported

respondent and forced petitioner to rejoin him, as thus meeting was not

fruitful and petitioner and her parents returned to their native. It is not out of

place to mention that in said meeting respondent’s father agreed to return

petitioner’s loan amount of Rs. 15,00,000/- lakhs and also her ornaments but

till May, 2022 neither respondent nor parents received petitioner nor her

father’s phone calls and ultimately blocked their phone numbers.

11. Petitioner further submits that as petitioner’s hopes and aspirations to

lead life respondent day by day and that there was not communication from

neither respondent nor his parents and as respondent played fraud on

petitioner, as such petitioner having no other go was constrained to lodge

complaint against respondent before Thalaghattapura Police Station,

Bengaluru on 23-05-2022 vide Petition No. 561 of 2022 and reference no. NCR

No. 561/TGPS/2022 and as petitioner was always subjected to cruelty for

dowry was constrained to lodge complaint against respondent and his parents

under section 498-A I.P.C before Thalaghattapura Police Station,

Subramanyapura Sub-Division, Bengaluru City vide F.I.R No. 168 of 2022

dated 16-07-2022 and the same has been numbered as C.C No. 22384 of

2022 pending on the file of Hon’ble II Additional Chief Judicial Magistrate,

Bengaluru Rural, Bengaluru, Karnataka and same is posted to 27-07-2023.

It is not out of place to

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mention that petitioner herein reserves her right to initiate appropriate

proceedings against respondent and his parents for recovery of loan amount

of Rs. 15,00,000/- along with interest/ EMIs paid by petitioner and also

reserves her right seeking maintenance against respondent.

12. Petitioner further submits that respondent to cover his ill-deeds has

filed case against petitioner herein under section 9 of Hindu Marriage Act

seeking Restitution of Conjugal Rights and the is numbered as M.C No. 403 of

2022 pending on the file of Hon’ble II Additional Senior Civil Judge, Bengaluru

Rural, Bengaluru and the same is posted to 23-05-2023, it is not out of place

to mention that petitioner herein who is respondent in above case have

appeared through her counsel and will contest the case. It is further

submitted that as state supra from the date of loan petitioner herein is paying

EMI of Rs. 40,000/- per month and is yet to pay for pending period of 14

months and as petitioner due to her job in Hyderabad has shifted to

present address from

Bengaluru to Hyderabad in the month of December, 2023 and presently

residing in Hyderabad in above mentioned address and as such petitioner is

filing present petition seeking divorce against respondent. It is specifically

submitted that respondent has deprived petitioner from enjoying married life.

13. Petitioner further submits that as stated supra respondent has insulted

and disrespected scared institution of marriage by his cruelty, habits,

behavior, disrespectful, unpardonable and adamant approach and acts

towards petitioner. Thereby petitioner having no other go has filed this

petition
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seeking divorce on grounds of cruelty, desertion and other grounds. Petitioner

hereby reserves his right to initiate further pleadings and grounds in future if

necessity arises.

IV. CAUSE OF ACTION:

Petitioner respectfully submits cause of action for the case arose on

13-08-2017 when the marriage of petitioner with respondent was solemnized.

The cause of action for the case further arose when the respondent started

harassing petitioner in the initial months of marriage. Cause of action for the

case further arose when respondent used adamant behavior and used to raise

quarrels with petitioner and his family members. Cause of action for the case

further arose when respondent left job and started depending upon

petitioner. Cause of action for the case further arose when petitioner came to

know that respondent is habitual drunkard and invest money in betting.

Cause of action for the case further arose in month of June, 2019 when

respondent and his parents with false promise forcefully induced petitioner to

take personal loan of Rs. 15,00,000/-. Cause of action for the case further

arose when respondent without knowledge of petitioner has taken amount of

Rs. 2,00,000/- from petitioner’s credit card. Cause of action for the case

further arose from initial days of marriage when respondent and his parents

started harassing petitioner demanding dowry. Cause of action for the case

further arose on many occasions when respondent in drunkard condition use

to physically harass and beat petitioner. Cause of action for the case further

arose when petitioner was

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subjected to harassment by respondent and his parents at KGF during

lockdown. Cause of action for the case further arose when petitioner was

forced to stay at respondent’s relatives’ house. Cause of action for the case

further arose when respondent stole petitioner’s gold ornaments at her

parent’s house. Cause of action for the case further arose in month of

October 2020 when petitioner’s pregnancy was confirmed and immediately

due to ill treatment of respondent and her parents led to miscarriage. Cause

of action for the case further arose when petitioner was deserted by

respondent and cause of action for the case further arose on 23-05-2022

when petitioner lodged complaint against respondent and on 16-

07-2022 when petitioner lodged complaint against respondent and her

parents under section 498-A. Cause of action for the case further arose when

respondent to cover his ill deeds has filed M.C No. 403 of 2022 seeking

restitution against petitioner herein.

V. JURISDICTION:

Petitioner respectfully submits that as she is presently residing in

Flat No. 1010, 10th Floor, Block – 3, My Home Mangala Apartments,

Kondapur, Hyderabad which falls under jurisdiction of this Hon’ble Court, as

such this Hon’ble Court is having territorial jurisdiction to try this case.

VI. DECLARATION:
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Petitioner hereby declares that he has not filed any petition or

application against respondent much less on same relief before any Court of

Law or before any other authority for seeking decree of divorce.

VII. COURT FEE:

The petitioner hereby pays Courts fee of /- under section 19, Article

I (vii) of Schedule - II of A.P.C.F and S.V Act which is proper and sufficient.

VIII. PRAYER:

Therefore, petitioner hereby prays this Hon’ble Court as follows:

a. To pass Decree of Divorce by dissolving the marriage between

petitioner and respondent which was solemnized on 13-08-2017 and

b. To grant any other relief or reliefs to petitioner as this Hon’ble Court

deems fit and proper in the circumstance of case.

PLACE: KUKATPALLY PETITIONER

DATE:

VERIFICATION

I, Smt. Hithyshini G. Bhandari, W/o Mithun P, petitioner herein do

hereby declare that whatever stated in above paragraphs are true and correct

to my knowledge and believe and I believe same to be true, hence verified on

this the day March, 2023 at Hyderabad.

PLACE: KUKATPALLY PETITIONER

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DATE:
LIST OF DOCUMENTS

1. Original marriage invitation card

2. Original marriage photos
3. Copy of marriage certificate
4. Copy of acknowledgment dated 23-05-2022 issued by Thalaghattapura
police station
5. Copy of F.I.R No. 168 of 2022 dated 16-07-2022
6. Certified Copy of M.C No. 403 of 2022 filed by respondent against
petitioner herein
7. Copy of Rental Agreement for proof of address of petitioner

PLACE: KUKATPALLY PETITIONER

DATE:

IN THE COURT OF HON’BLE VI ADDL.

DISTRICT AND SESSIONS JUDGE –
CUM – VI ADDL. METROPOLITAN
SESSIONS JUDGE – CUM –
HON’BLE FAMILY COURT, RANGA
REDDY DISTRICT, AT: KUKATPALLY

F.C O.P No. of 2023

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Between:

Smt. Hithyshini G. Bhandari

…… Petitioner
AND

Mithun P …… Respondent

PETITION FILED UNDER SECTION

13 (1) (ia) AND (ib) OF HINDU
MARRIAGE ACT, 1955

Filed on:

Filed by: Party - In - Person

(Petitioner)