Petition :

1. That the petitioner submits that, the respondent is a legal wedded wife of
the petitioner and their marriage was solemnized on 27th April-2008,
according to the Hindu Customary Rites at Sabha Bhavan, at Coimbatore.
The marriage photograph which was taken during the marriage ceremony
and the marriage invitation are herewith produced as Annexure-A & B.

2. The marriage of the petitioner and respondent has arranged marriage.

After the negotiation between both the parents of the petitioner as well as
respondent finally, agreed for the marriage of the petitioner with
respondent and it has been agreed in the negotiation that, the marriage
would be taken place at the native place of the respondent parents and
accordingly it has been agreed by the petitioner parents and accordingly
the marriage was performed at the native place of respondent at
coimbatore. The petitioner did not demand in-turn accepted any dowry
from the parents of the respondent.

3. The petitioner is working at DLF Developers as executive in Legal

department and presently working at Chennai. Earlier to the marriage the
respondent was working as temporary Assistant Teacher Higher primary
school . After the marriage the respondent did not opt to work and in-turn
shown her desire to become a house wife and accordingly respondent is
housewife in the matrimonial home. on account of the wedlock of the
petitioner and respondent the baby girl was born on 2704-2012 by name
Rani, now under custody of Respondent.

4. After one year after the stay at , Coimbatore both the petitioner and
respondent were shifted their matrimonial home to a independent house at
ooty. The said independent house was taken by the petitioner on lease
 basis and during the stay in the said house in the initial period of one
year, the relationship of the petitioner and the respondent was cordial. But
after one year the respondent was started. un-necessary quarrel fight with
the petitioner for silly reasons, but in the initial periods the petitioner was
not given much importance to the same and thought that the said quarrel
for the silly reason would happen in the marital life and the petitioner
took the said facts in a lighter way . but later this attitude of the
respondent was created all sought of un-compatibility in the family life of
the petitioners. The attitude of the respondent even in some time it was
unable to bear, but the petitioner under the only intension not to put an
end for the marital life kept quiet and managed to go together as husband
and wife. But finally petitioner could not be able to bear the mental as
well as physical torcher in the matrimonial home reside and finally
decided to file this petitioner for proper relief as prayed.
5. The respondent developed doubting character towards the petitioner and
whenever the petitioner come late to the matrimonial home after
completion of his official work, the respondent use to put several question
to the petitioner and she used to put unnecessary blame by touching his
character and respondent use to search all the belongings of the petitioner
without his notice and thereafter unnecessary blame against the petitioner
saying that the petitioner has got illegal affairs with the lady colleagues
who are working with the petitioners in the said construction company.
6. It is submitted that, on several occasions the respondent even gone to the
extension to call the employer of the petitioner and told that petitioner has
got an affair with “his colleagues and on account of the same the
petitioner use to come to the matrimonial home on late. This type of the
behavior of the respondent has created all type of nuisance in the work
place of the petitioner and upon this the petitioner could not be able to
work properly in the office.
 7. It is submitted that, the attitude of the respondent is only the route cause
for the discomfort in the matrimonial home, the respondent herself would
create all sought of unpleasant incidents in the matrimonial home and if it
was resisted by the petitioner the respondent use to create big nuisance
and finally the respondent use to threaten the petitioner saying that she
will lodge a police complaint against the petitioner and his family
members.
8. Once she has tried to commit suicide in the matrimonial home but
unfortunately the petitioner was present during that’ time, hence the same
has been resisted and avoided by the petitioner to do all untoward But
during the stay at Ooty. The respondent once again attempted to commit
suicide by consuming Poisson in the absence of petitioner and thereafter
she was got admitted to the Udbhava Hospital, Ooty dated: 17-08-
2014.The petitioner was preserved all the hospital document to that
effect, but the same has been stolen by the respondent petitioner during
the stay together at matrimonial home. Hence the petitioner could not be
able to produce before the court to substantiate the same.
9. WHEREFORE, the petitioner humbly prays before this Hon’ble Court be
pleased to pass judgment and decree of divorce by annulling the marriage
solemnized between petitioner and respondent dated: 27-04-2008 .

Objection:-
It is false to state that the marriage of the Petitioner and Respondent has
arranged marriage as stated in the petition. It is submitted that the said marriage
was love cum arranged marriage, solemnized in the presence of the elders and
well wishers of both the families. It is true that the Petitioner is working at DLF
Developers. It is true that on account of wedlock of the Petitioner and
Respondent the baby girl was born on 27.4.2012 by name Rani now under the
custody of the Respondent.
With regard to the allegations made during the stay in the said Ooty as well as
in Kunnur the attitude of the Respondent was totally unimaginable and the
Respondent used to quarrel with the Petitioner of the silly reasons and on
account of unnecessary quarrel with the Petitioner the entire atmosphere in the
matrimonial home was spoiled and thereafter the relationship of the Petitioner
with the Respondent was also and in-turn broken spoiled and that this attitude of
the Respondent was created all sought of un-compatibility in the family life of
the Petitioner.

Both the Petitioner and Respondent were lived happily in the marital
relationship but due to some misunderstanding between the Petitioner and
Respondent, there arose some differences between them. Without any proper
reason, the Petitioner has left the respondent and child and started living
separately and filed this petition for a decree of divorce against the Respondent.
The Petitioner is not entitled to any orders at the hands of this Hon’ble Court
and the alleged reliefs sought by the Petitioner is capricious, arbitrary and
without any basis.

WHEREFORE, the Respondent above named most humbly prays that this
Hon’ble Court may be pleased to dismiss the petition with exemplary costs, in
the
interest of justice and equity.

Deposition
PWI – Petitioner Husband
Cross-examination:
I am working as a Law Officer in DLF Developers. I am getting a salary of
Rs.36,000/per months and also incentive proximately of Rs.10,000/per month.
Ours was love cum arranged marriage. I deposited Rs.13 lakhs as F.D. in the
name of my wife. My wife is residing in the house owned by me, the said house
is consists of five portions out of which four portions are let out for rent and my
wife is collecting the rent. My, mother was not residing with my wife
permanently, she used to visit my wife oftenly. My family members are visiting
only to see my daughter not my wife. It may be true that my wife has talking
terms with my parents and other family members. It is true to suggest that my
wife visited my native place to see my father when he suffered heart attack. It is
false to suggest that my wife was in my native place to take care of my father. It
is false to suggest that when my father was hospitalized my wife alone was
taking care of my father.

It is true to suggest that respondent has not filed any cases or complaints against
me. It is true to suggest that apart from this case even I have not filed any cases
and complaints against the respondent. Presently my wife has no contact with
my parents. It is false to suggest that my parents and other family members have
in touch with respondent even today. My father is keeping good health
presently. He suffered heart attack about one year back. Presently respondent is
not visiting my parents. Her last visit is about one and half year back. It is true
to suggest that respondent is receiving interest from the deposit made in her
name. It is true to suggest that respondent has not filed petition for maintenance.
I know that my father, in law is no more. After coming to know about the death
of my father in law, I have not attended his funeral ceremony. It is true to
suggest that my father in low was an Attender ina Primary School. It is true to
suggest that at the time of marriage I have not taken cash or gold or other
articles from the respondent. It is false to suggest that our marriage was
celebrated in a grand manner. It is true to suggest that I am an Advocate. It is
false to suggest that even after filing this petition I was visiting the respondent
and child. It is false to suggest that presently I am residing with my friend. It is
false to suggest that I am not receiving the phone calls of respondent and child.
It is true to suggest that I have borne the hospital expenses when my daughter
born. Then the differences of opinion arose between us. I have not attended any
counselling. I have not noticed any problems with the respondent
which requires counselling and for this reason we have not taken any
counselling. Initially the respondent preparing food in the house. It is false to
suggest that since I was not willing to stay with the respondent on flimsy
grounds I have filed this petition. It is true to suggest that I have extended my
love and attraction towards the respondent. It is false to suggest that at any point
of time the respondent never quarrelled with me. I have not filed any complaints
pertains to the frequent quarrel of the respondent. It is false to suggest that
since the respondent never quarrelled with me, I have not filed any complaints.
The reasons for separation is the difference arose between us from the year
2010.It is false to suggest that we have misunderstanding for silly reasons but
not the differences for a divorce. The respondent was not responding to my any
opinion and always she used to suspect me. The respondent used to oppose my
opinion whenever I discus future life and also wellbeing and education of the
child. I have not admitted the child to school. Respondent has admitted the child
to Vidya School. I have not attended parents meeting or school functions. I have
not enquired about the progress of the child. I have not visited the child after
separation and also not filed any application for visitation of child. The
respondent never physically tortured me. It is true to suggest that the respondent
came to matrimonial home after delivery when child was at 7 months old. It is
true to suggest that I and my family member have participated the
naming ceremony of my daughter. Respondent has not visited my work place. I
have not produced any documents to show that the respondent misguided my
employer over phone. It is false to suggest that the respondent never spoke to
my employer over phone at any point of time and not discussed about me. It is
false to suggest that the respondent never suspected me at any point of time.
Respondent is not aware about my office colleagues including female
colleagues. It is true to suggest that the respondent never made allegations that I
am having illicit relationship with a particular lady. Respondent never created
any nuisance at my lived with me she used to wait for me to have dinner till
my arrival. It is true to suggest that the respondent had same mentality even
before and after delivery. It is true to suggest that I was maintaining entire
family expenses when we were living together. I used to pay some amount to
the respondent for household expenses. I never demanded any amount from the
respondent and she has not paid amount to me. It is false to suggest that the
respondent never demanded money except for household. expenses. The
respondent used to demanded entire my earnings. I have not informed the same
to her parents, convened panchayath or filed complaint. It is false to suggest that
despite there was no such demand from the respondent deposing false.

Respondent used to canvas about me that he is spending money for some other
purpose with my mother and other family members. I can examine them before
the Court. It is false to suggest that respondent never canvassed as such.
According to me dirty scene means shouting loudly saying that I was roaming
with others. I had no acutance with my neighbours. My neighbours have not
enquired with me about the shouting of respondent. It is false to suggest that
despite the respondent never created such scene deposing false. Around in the
month of April or May 2014 the respondent threatened me for filing case. I have
not obtained anticipatory bail. It is false to suggest that since there was no threat
by the respondent I have not obtained any anticipatory
Dw 1 – Respondent – Wife
Witness is confronted with letter head dated 01.02.2020 which is Primary
Agricultural Cooperative Society, Coimbatore District. Witness admits that the
said letter and the documents accompanying the said letter which are numbered
as 1 to 8 as documents issued by him and also identifies his Signature on the
letter and documents 1 to 8.
Assessment Rubrics - 15
Marks

1. Identify the Nature of Evidence Direct, Indirect or hearsay -5

Marks

2. Identify the relevant provisions under Evidence Act and

Appreciation of Evidence along with your reasoning and opinion
- 5 Marks

3. Presentation 5 Marks