FAMILY LAW PSDA

SUBMITTED BY: Rishita Mittal

CLASS: 3-C

ENROLLMENT NUMBER:
10717703822

PHONE NUMBER: 9310142158

 CASE

IN THE COURT OF PRINCIPAL JUDGE, FAMILY

COURT, WEST DISTRICT, TIS HAZARI COURT, DELHI

IN THE MATTER OF

SH. ADITYA SHARMA PETITIONER

VERSUS

SMT. KANCHAN SRIVASTAV RESPONDENT

FACTS
1. That the Petitioner and the Respondent are legally married husband and wife and
their marriage was solemnised on 12.07.2012 at The Bristol, Gurugram according to
traditional Hindu rituals and customs in the presence of well-wishers, common friends
and relatives without any exchange of dowry.

2. That said marriage was solemnized simply as both parties were divorcees and this
was their 2nd marriage so marriage was solemnized in a simple way without any type of
dowry or any other articles and it is pertinent to mention here that only close relatives of
both parties attended the marriage. After the marriage, the parties lived and cohabited
together as husbund and wife and the marriage was duly consummated and out of the
wedlock one female child namely Myra Sharma born on 08/02/2015.

3. That well before the marriage, the parents of the Respondent had given due
assurance and promises to the Petitioner and his parents that she will give proper love,
respect and regard to the Petitioner and his parents and shall discharge her marital
obligations sincerely and honestly like a devoted Hindu woman.
4. That the Respondent had entered into the matrimonial home where she was
heartedly and cordially welcomed with great pomp and show by the Petitioner and his
family members. That the family members of the Petitioner had never caused any of
hindrance, obstruction, interference in the matrimonial life of the Petitioner and the
Respondent at any point of time and had always given the congenial and favorable
environment to the Respondent for establishing the happy and prosperous matrimonial
life. It is submitted that the Petitioner and his family members had always given the due
respect and regard to the Respondent, her parents and relatives and never used any
kind of abusive and filthy language against them at any point.

5. Petitioner and Respondent did not say anything till minor child started going to school
and after that minor child was penalized by Respondent, for spending time with
grandparents and aise used to slap the minor for not speaking English like Americans
and in furtherance of the same on 16.06.2019 Minor child was mercilessly beaten by
Respondent in presence of her mother and locked her in bath room for not speaking
English like Americans and when Petitioner tried to stop Respondent she abused the
Petitioner and said her maternal uncle lives in America so minor child should speak like
them and due to this minor child stop speaking to Petitioner and his parents due to the
fear of Respondent.

6. That thereafter the Petitioner noticed that the Respondent hail started spending long
hours on phone and use to click her pictures more often and whenever the Petitioner
used to ask the Respondent for some joint time, the Respondent was least
interested.That on 05.12.2018 Respondent told Petitioner that she is going on trip with
her friends to Agra and Respondent did nor accompany Myra to that trip despite many
requests by Petitioner and minor child. It is pertinent to mention that from that
photograph the Petitioner came to know that Respondent went to Agra with her male
friend as while taking photo at Hotel his image photo also could be seen in the mirror of
Hotel.

7. That it is relevant to mention here that the Respondent used to come late in the night
and upon her late coming if the minor child used to spend time and sleep with her
grandmother the Respondent used to beat the minor child and because of such conduct
of the Respondent fear was instilled in the minor child to not to talk to her grandparents
and Petitioner.

8. That the Petitioner in May 2020 came to know that the Respondent is in extra marital
affair with one person namely Arjun Sharma, The Petitioner came to know about the
same as the Petitioner read message exchanged between the Respondent and Arjun
Sharma in which the Respondent asked Arjun to delete her picture from his phone
where she said for Arjun that "he lights my fire", and said to "call asap and that their
affair has ruined her life".

9. That on 16.08.2022 Respondent exhibited extreme violent behavior and Respondent

tried to attack Petitioner with knife in front of minor child and put pot and chair on the
head of Petitioner all was done in front of minor child and said to minor child if you talk
to Petitioner or grandparents I will beat you like this and due to this minor child remain
silent and angry.

10. Respondent started abusing the parents of the Petitioner when they removed them
from their house due to the fights and gave a false complaint to police and immediately
shified to Delhi to her parental house and applied for long leaves of Myra's school due
to this minor daughter suffered in her studies. The Respondent has been residing at her
parents house since 09.12.2022, and the Petitioner has been cut off from decision
making for the child.

11. Further, the respondent many times threatened the petitioner that she has nothing to
be afraid of as she will fee the country with minor Myra and no one can catch her.

ISSUES
● Whether the petitioner deserves decree of guardianship for his minor daughter?
● Whether the respondent was negligent in her duties as a mother?
● Whether the atmosphere created by the mother around the child inappropriate to
a certain extent?

ARGUMENTS
Respondent is illegally and unlawfully retaining the custody of the minor child against
the will and consent of the Petitioner and misusing and abusing the custody of the minor
child to satisfy her oblique and ulterior motive to poison the child's mind against the
Pefitioner and to file the frivolous proceedings to harass the Petitioner herein.

That in December 2018 Respondent started coming late from her office and someone in
Blue Hyundai ascent dropped her few block away from the house and Respondent
would come walking to house and Petitioner noticed this for few days and then asked
Respondent who the man was, who dropped her to Which the Respondent replied that
he is a colleague from his office then Petitioner asked why he does not drop her in front
of the house on this Respondent on this Respondent made excuses and said that he
was in hurry.
That Respondent never took care of minor child and always tortured minor physically
and mentally and attempts to separate Myra from Petitioner and in furtherance of the
same the Respondent even went to the extent of brainwashing the minor child in order
to separate minor child from her father ie., the Petitioner. That the Respondent's only
objective is to flee from the country to join her boyfriend Arjun Sharma who migrated to
Canada, and baby Myra is being used as a tool in her paranoid obsession.
The Petitioner was always taking care of health of baby Myra and took her for treatment
and took care of all expenses. On the other hand, the Respondent is a toxic mother who
is prone to violent behaviour.

CAUSE OF ACTION
That the cause of action arose in favor of the Petitioner and against the Respondent on
various dates as enumerated above and the same is still subsisting and continuing one
as the Respondent regularly tried to take the custody of minor child from the Petitioner.
That the present petition is not barred by limitation.
That the present place of residence of the minor child is WZ-19, 380 FLOOR, GALI No.
5, G-BLOCK, HARI NAGAR, DELHI-110064 which falls within the jurisdiction of this
Hon'ble court and hence this court has the jurisdiction to try and entertain the present
suit.

PRAYER
In view of the submissions made above, it is therefore, most respectfully prayed that this
Honble Court may kindly be pleased to-

A. Grant permanent custody of the minor child namely MS. MYRA SHARMA BORN
ON 08.02.2015 to the Petitioner,
B. declare the Petitioner as the guardian of the said minor child as he is willing and
ready to maintain the child;
C. Restrain the Respondent from creating any hindrance, obstruction, interference
in any manner during meeting of the minor child with the Petitioner,
D. Restrain the Respondent from bringing any of her relatives during the meeting
hours of the minor child with the Petitioner,
E. Restrain the Respondent, her agents, servant and employee from removing the
minor child from the jurisdiction of Delhi
F. Any other order/relief/direction may also kindly be passed in favor of the
Petitioner and against the Respondent.