IN THE COURT OF HON’BLE DISTT.

AND SESSIONS
JUDGE, ________, DELHI

H.M.A. CASE NO._____ OF 2018.

IN THE MATTER:

HIMANSHU KAWATARA
S/O SH. SURENDER KAWATARA
R/O G-3/145, SECTOR-11,
ROHINI, DELHI-110085
…PETITIONER

VERSUS

CHETNA
W/O SH. HIMANSHU KAWATARA
R/O
, DELHI-
…RESPONDENT

PETITION FOR DISSOLUTION OF MARRIAGE BY A

DECREE OF DIVORCE UNDER SECTION 13(1) (ia) OF
HINDU MARRIAGE ACT 1955.

MOST RESPECTFULLY SHEWETH:

1. That the Petitioner was married with the Respondent

as per Hindu Rites and customs on 02.07.2017 at

Green Lounge Premium Banquet, C-97, Mayapuri,

New Delhi.

2. That the status of the parties, before the marriage and

at the time of filing of the present petition is as under:-

PETITIONER/HUSBAND

STATUS AGE PLACE OF

RESIDENCE.
Before Marriage Bachelor 27Yrs.

At the time of Married 28Yrs. G-3/145,

filing petition. SECTOR-11,
ROHINI, DELHI-
110085

RESPONDENT/WIFE

STATUS AGE PLACE OF

RESIDENCE.

Before Marriage Virgin 23Yrs.

At the time of Married 24Yrs.

filing petition.

3. That after the marriage, the Petitioner and Respondent

lived as husband and wife at the Petitioner’s parental

house for a year and out of the said legal wedlock no

issue was born out.

4. That since the beginning of marriage, the attitude of

the Respondent was very rude towards the Petitioner

and his family members. The Respondent used to pick

quarrel with the Petitioner and his family members

over trifle and trivial issues.

5. That the Respondent since the beginning of marriage

did not pay any respect or wishes to the Petitioner

parents and relative’s.

6. That the Respondent-wife had also denied to perform

customary rituals stating that “ main modern ladki hu

in sab cheezon me vishwas nahi rakhti”.

7. The Respondent-wife entered the matrimonial home

nurturing a dream to have separate home for two of

them only. It is submitted that the Respondent wife

after 2-3 months of marriage itself has been

persuading Petitioner-husband for getting his elderly

parents separated to a rented accommodation. The

Petitioner being the dependent son negated her wish

and requested her to adjust and consider his parents

as her own. Regretfully, the Respondent-wife out of her

frustration behaved miserably with Petitioner-husband

parents and use to shout and abuse over small and

pity issues.

8. Resultantly, the Respondent was in habit of ignoring

the Petitioner and his family members and not taking

care of them as a wife and daughter-in law.

9. That the Respondent was in habit to insult the

Petitioner and his parents in presence of the guest and

other family members creating embarrassing situation

for the Petitioner and his parents.

10. The Respondent use to put false allegations on

Petitioner and his family, saying “Mujhse naukaron ki

tarah kaam karwate hai”. While there were 3 different

maids coming to the house for all the chores and the

only work to be done was preparing meals and that too

with the help of the Petitioner mother.

11. That the Respondent use to get up late in the morning

and was never interested in doing household work and

preparing meals. On being questioned over it, the

Respondent flatly refused stating that I am not your

maid ask your mom to do it.

12. The misconduct of Respondent did not stop here. The

Respondent neither use to do her work nor household

jobs. The Respondent use to ask and order Petitioner’s

sister for her work. Initially, the Petitioner and his

family tolerated in order to save the relationship and

make Respondent understand. But all the efforts of

the Petitioner and his family went in vain.

13. That the Respondent has deliberately failed to fulfill

her marital obligations and willfully denied physical

relations with the petitioner with a motive to get her

illegitimate demands fulfilled.

14. That the Respondent use to address the Petitioner in

defamatory and offensive manner. The Respondent use

to cross the limits in order to provoke Petitioner by

hitting him on chest and pulling his shirt’s collar on

order to provoke Petitioner to become violent or take

any aggressive action but all went in vain.

15. When there were continuous disputes between the

petitioner and respondent, the petitioner parents used

to interfere and ask both of them to adjust a little as in

the beginning it takes some time for two different

beings to understand each other. To which she used to

respond with, “Mai yaha adjust karne nhi ayi hu, apne

bête ko bolo karega adjust”.

16. The Respondent since beginning had malafide and

illicit intention basis which the Respondent never to

use to allow any one to enter her room.

17. It is submitted that the Respondent uses to talk to her

mother on Whatsapp and Snap chat despite the

normal calls. Further, the calling hours use to be odd

timings i.e late night around 02:00 am, mostly when

the Petitioner is not nearby or off to sleep. The

intention behind using whatsapp calling and snap

chat can clearly show some kind of malafideness on

behalf of the Respondent.

18. That the Respondent use to take money from the

Petitioner’s home and give it to her mother, without

informing Petitioner. After knowing this Petitioner

asked Respondent to control her habit over which

Respondent raised fight and started abusing.

19. The Respondent had left the matrimonial home four

times without informing the Petitioner or his family

members. The Respondent first time left the

matrimonial home just after 3 months in the month of

November, 2017 for couple of days, over non-

fulfillment of her demand of expensive necklace.

Second time, the Respondent left the matrimonial

home in January, 2018 for couple of hours being

annoyed with Petitioner’s mother on entering her room

without her permission. Third time, the Respondent

left the matrimonial home in March, 2018 for a month

when Respondent demanded Rs.25,000/- as pocket

money every month. The Petitioner refused to fulfill

her demand on account of financial constraint. Being

annoyed the Respondent-wife left the matrimonial

home without informing Petitioner and his parents.

20. It is submitted that the Respondent used to return

matrimonial home by stating some cooked up story

and use to give assurance for not repeating the same.

It is further submitted that during the joint meeting

 between the Petitioner and Respondent family and

relatives , the Respondent being enquired use to fail to

justify her stand and change her statements which

finally end up in trapping her in her own false story.

21. It is humbly submitted that on every occasion of her

abandonment, family of the Petitioner went to

Respondent parents and relatives and tried and

requested to reconcile the matter. Despite of Petitioner

effort’s, the behavior of the Respondent remained

unchanged mainly due to Respondent adamant nature

and her mother’s interference and mis-guidance.

22. That by the acts of Respondent the social status of the

Petitioner and his family has come down, as she is in

habit of using abusive languages and aggressive

behavior with the Respondent and his family.

23. That the act of cruelty of Respondent did not end here

as she threatened the Petitioner to hang herself and

commits suicide to implicate the Petitioner for

inducing her to commit the suicide, incase the

Petitioner does not shift his parents to rented flat.

24. That the Petitioner has on several occasions tried to

save his relationship by fulfilling illegitimate demands

of the Respondent but the Respondent never paid any

heed to Petitioner’s effort to maintain their marriage.

25. It is submitted that every month Respondent use to

become bed-ridden and use to take some medicines

given by her mother. Despite Petitioner and his

parents request over showing to some good doctor ,

she use to aggressive and mumble something.

Thereon, she uses to visit her mother house saying

that she knows what medicine is needed. Thus, the

Petitioner has suspicion over the Respondent medical

problem.

26. That initially the Petitioner ignored Respondent’s bad

behavior , in expectation that things will get better

with time. But it was really sad and disheartening for

the Petitioner that the behavior of the Respondent got

worse with time.

27. That the behavior of the Respondent became bad to

worse and more violent when Petitioner’s mother

asked Respondent about respondent’s missing

earnings, the Respondent started shouting and

pushing Petitioner’s mother and abused his parents

infront of Petitioner in filthy languages. Further said

“tum log mujhe jante nahi ho” and threatened if any

action is taken she will implicate all of them in false

criminal cases.
28. It is important to mention here that the respondent

since beginning over pity issues used to threaten the

petitioner saying, “mere 11 bhai hai tumhe pata bhi

nhi chalega tumhe kaha gayab kar denge”. Further,

she used to say repeatedly that, “Mere uncle ke paas

licensed gun hai toh jaise mai bolti hu waise kara karo

warna tum logo ke liye acha nhi hoga”.

29. That the Respondent , since beginning was compelling

Petitioner and his family members to act as per her

wish and demands.

30. After couple of days on 6 August 2018, the Petitioner

asked Respondent to come and sit with his family

members over which Respondent stated that she does

not want to sit with his family. It is my choice when I

want to come out of my room and when not. You are

no one to order me. Over this small issue Respondent

got annoyed and started shouting and pushing

Petitioner’s mother and left the home in anger without

informing. Within 10 mins of her leaving, the

Respondent father called up Petitioner and said “meri

beti ko kaha chupa rakha hai” and meanwhile police

came to Petitioner’s home on the complaint of

Respondent mother that her daughter has been set on

fire and is missing. While the Police was investigating

and inspecting Petitioner’s parental home, another

 Police team came up with the same complaint. While

both Police teams were working on the complaint third

police team came. Therefore, three police teams were

there at Petitioner’s parental home on three different

complaints on no.100 by the Respondent mother.

Thus, making multiple calls on 100 no. by the

Respondent mother raises lot of questions.

31. Further, the father and brother of the Respondent

reached petitioner parental home within 30 mins of

their call. It is important to mention here that the

Respondent father has his residence at Karol Bagh

and the distance between Noida and Karol Bagh is of

approx. 30 kms. Strangely, Respondent father and

brother covered the distance of 30 kms in 30 mins.

After reaching Respondent father and brother created

scene and started using abusive languages for

Petitioner and his parents and also tried to hit them.

In meanwhile, Police interfered and took them to Police

station. It was interesting to see and within 20 mins of

reaching to Police station the Respondent father got a

call from Respondent that she is sitting in gurudwara.

It is important to note that Police and other people

were continuously calling the Respondent but her

phone was coming busy , as the Respondent was

willingly and intentionally not taking call of anyone

 during this entire episode. And when the case got

intense, the Respondent herself called her father

informing about the location.

32. It is submitted that the entire situation was pre-

planned as Respondent was roaming in some mall of

Noida and Respondent along with her parents wanted

to take revenge and implicate Petitioner and his

parents in false cases. The fact can be verified from the

CDR of the Respondent and her parents.

33. It is submitted that the Respondent father gave a

written acknowledgment for taking Respondent with

her. It is important to note here that the Respondent

did not make any complaint towards physical assault.

The complaint stated that there was some relation

between his son and Petitioner’s cousin. Petitioner’s

cousin mother did not like it and things ended up

between them. Because of this the Petitioner and his

family are taking revenge from the Respondent. The

allegation made are :

a) Respondent is not allowed to talk and meet her

mother

b) Respondent is asked to do all household works like

cooking, dusting , washing clothes etc.

c) Respondent is not given personal expenses.

 d) Respondent is asked to return mobile phone, which

was gifted by Respondent uncle.

It is submitted that these entire allegation nowhere

shows any offence against the Petitioner. It was a

mere way out from the side of the Respondent

father to get away with the situation.

34. That the Petitioner and Respondent got separated in

August, 2018 and since then the Respondent is

staying with her parents and threating Petitioner over

implicating him in false cases.

35. That the Respondent is calling Petitioner and giving

threats which is very disturbing for the Petitioner

further it is causing mental pain and agony to the

Petitioner and his family.

36. That the Respondent has deserted the Petitioner

without any reasonable and justifiable cause and

rhyme and hence it has become impossible for the

Petitioner to live any more with the Respondent,

therefore, the Petitioner is entitled for decree of divorce

on the grounds of cruelties and desertion.

37. That the cause of action for filing the present petition

arose when the Respondent started her ill behavior

with the Petitioner and his family. The cause of action

also arose when the Respondent threatened the

 Petitioner that she will commit suicide and induce

petitioner in a false case. The cause of action arose

when the respondent started living separately from the

petitioner. That the cause of action still persists

therefore the present petition.

38. That since separation the Respondent is staying at her

parent’s house in Delhi as such this Hon’ble Court has

jurisdiction to try and entertain this case as all the

cause of action has arisen in Delhi. The requisite

court fee has been affixed on the present petition.

39. That there is no collusion between the parties, and the

Petitioner has neither condoned nor connived at the

Respondent conduct.

40. That there has not been any unnecessary or improper

delay in filing the present petition.

41. That there is no other legal grounds why relief should

not be granted.

42. That there is no previous proceeding with regard to the

marriage by or on behalf of any party.

43. That there is no impediment in the matter as to why

this relief be not provided to the petitioner.

P R A Y E R:
 It is, therefore, prayed that this Hon’ble Court

may kindly be pleased to pass a decree of divorce in favour of

the petitioner and against the respondent for the dissolution of

marriage between them.

Any other or further relief which this Hon’ble

Court may deem fit and proper in the facts and circumstances

of the case may also kindly be passed in favour of the

petitioner and against the respondent.

Delhi. Petitioner
Dated:.

Through:

ASA LEGAL
C-62, NIZAMUDDIN EAST,
DELHI-
+91 9717033289

VERIFICATION:

Verified at Delhi on solemn affirmation on this ____ day of

_________, 2018 that the contents of my above petition from

paras No. _ to _ are true facts of the matter and those of paras

No._ to _ are legal paras and last para is prayer to this Hon’ble

Court.

Petitioner
 IN THE COURT OF HON’BLE DISTT. AND SESSIONS
JUDGE, _________________, DELHI
H.M.A. CASE NO._____ OF 2013.

IN THE MATTER:

…PETITIONER

VERSUS

…RESPONDENT
AFFIDAVIT

I, Himanshu Son of Shri Surender Kumar aged 28 years,

Resident of House _____, do hereby solemnly affirm and

declare as under:-

1. That I am the petitioner in the above said petition and

being well aware with the facts and circumstances, as

such am competent to swear this affidavit.

2. That my marriage was solemnized with the respondent

on 02 July 2017 at Green Lounge Banquets, C-97,

Mayapuri, New Delhi.

3. That I have filed the accompanying petition Under

Section 13 (1) (ia) of the Hindu Marriage Act has been

drafted by my counsel under my instructions and the

contents of the same may be read as part and parcel of

this affidavit which are not being produced herein for

the sake of brevity.

4. That the accompanying petition has not been filed by me

in collusion with the respondent.

Deponent

Verification:

Verified at Delhi on this ___ day of ______, 2018 that the

contents of my above affidavit are true and correct to the best

of my knowledge and belief.

Deponent
 IN THE COURT OF HON’BLE DISTT. AND SESSIONS
JUDGE, KARKARDOMA COURTS, DELHI

H.M.A. CASE NO._____ OF 2013

IN THE MATTER:

____
…PETITIONER

VERSUS

____
…RESPONDENT

MEMO OF PARTIES

HIMANSHU,
S/O SH.
R/O
…PETITIONER

VERSUS

CHETNA
W/O SH. HIMANSHU
R/O

…RESPONDENT

Delhi. Petitioner
Dated:.

Through:

ASA LEGAL
C-62, Nizamuddin East,
Delhi-
+91 9717033289
 IN THE COURT OF HON’BLE DISTT. AND SESSIONS
JUDGE, _________, DELHI

H.M.A. CASE NO._____ OF 2013.

IN THE MATTER:

-
…PETITIONER

VERSUS

-
…RESPONDENT

INDEX

S.NO. PAGES

1. Memo of Parties
2. Petition for dissolution of marriage by a
decree of divorce under section 13(1) (ia) of
H.M.A 1955 along with the affidavit.
3. List of documents along with documents.
4. Valkalatnama

Delhi. Petitioner
Dated:

Through:

ASA LEGAL
C-62, Nizamuddin East,
Delhi-
+91 9717033289
 IN THE COURT OF HON’BLE DISTT. AND SESSIONS
JUDGE, _________________, DELHI

H.M.A. CASE NO._____ OF 2013.

IN THE MATTER:

_
…PETITIONER

VERSUS

_
…RESPONDENT

LIST OF DOCUMENTS ALONG WITH THE DOCUMENTS

S.NO DOCUMENT PAGE

1. ORIGINAL MARRIAGE INVITATION CARD
2. ORIGINAL MARRIAGE PHOTOGRAPH

3.

4. Any other document with permission of

this Hon’ble Court.

Delhi. Petitioner
Dated:.

Through:

ASA LEGAL
C-62, Nizamuddin East,
Delhi-
+91 9717033289