IN THE COURT OF FAMILY JUDGE

AT NASHIK

Hindu Marriage Petition no. 200/2024

IN THE MATTER OF :

MRS. ANITA DEV SINGH )

Age: 39 years Occupation : Housewife ) PETITIONER

Address: Sunanda Bunglow, Narayan Bapu )

Nagar, Nashik.- 432022

Versus

MR. DEV RAMESH SINGH )

Age: 41 years Occupation: Business ) RESPONDENT

Address: 110/111, Abhinay Towers, M.G Road, )

Nashik.- 42110001

DIVORCE PETITION UNDER SECTION 13 (a) OF HINDU

MARRIAGE ACT, 1956

THE PETITIONER ABOVENAMED MOST RESPECTFULLY

SHOWETH:

1. That the Petitioner Anita Singh and the Respondant Dev Singh are lawfully
married according to traditional Hindu Vedic rituals in the presence of
friends and family on 20th May 2020 at the Balaji Banquet, Someshwar at
Nashik. The said marriage has been registered with Marriage Registrar,
 Nashik with marriage certificate no. 2500 dated 12-07-2020. A copy of the
marriage certificate is attached herewith evidencing the said marriage. The
Petitioner and Respondent both are Hindu by birth and they continue to be
so.
2. That after the said marriage, the Petitioner and the Respondent cohabited
and lived together at the Respondent’s house for 1.5 years and continued
their daily routine.
3. That suddenly the behaviour of the Respondent towards the Petitioner
changed. The Respondent started fighting with the Petitioner for petty
reasons. The Petitioner ignored the issues as part of adjustments in marriage.
4. That on 15-04-2022, the Respondent returned home from work and started
abusing the Petitioner verbally for spending too much time on call with her
mother. The said incident calmed down after a lot of arguments with the
two.
5. That on the night of 2-11-2022, the Respondent returned home in drunken
state and again started verbally abusing the Petitioner for the reason that she
interacted with their male neighbour. The Respondent physically assaulted
the Petitioner for the same reason. The Petitioner was hospitalised for the
injuries caused by the assault.
6. That the Petitioner did not file any police complaint because she did not
want her parents to face any social difficulties and with a hope that the
behaviour of the Respondent would change in near future.
7. That on the night of 18-05-2023, the Respondent again returned home drunk
from work and furiously attacked the Petitioner which left the Petitioner
severely injured leading to multiple fractures in hand and leg. The Petitioner
thereupon lodged a complaint at Sarkarwada Police Station, Nashik being
FIR complaint no. 2143.
8. That the Petitioner says that as a result of the aforesaid injury inflicted on the
Petitioner by the Respondent, the Petitioner had to be hospitalized for six
days. The Petitioner was treated by Dr. Aditi Talwar at Civil Hospital,
Nashik.
9. That such cruelty has caused apprehension in the mind of the Petitioner that
it will be harmful and injurious for the Petitioner to live with the
Respondent. The Petitioner thereafter shifted to her parent’s house.
10.That in light of the above averments, the Respondent has committed an act
of cruelty entailing criminal liability under Section 498A of Indian Penal
Code and under Section 13 of Hindu Marriage Act, 1955.

11.That the Petitioner being a female is exempted from Court Fees.

12. That the Petitioner and Respondent both are married in Nashik and have last
cohabited in Nashik which is in territorial jurisdiction of this Hon’ble court
to entertain, try and dispose this petition.

13. That no other proceedings with respect to the marriage of the Petitioner and
Respondent are pending in this Hon’ble Court or any other court.

14.That the Petitioner seeks permission to present the following witnesses:

a) The Petitioner in person
b) Suman Sharma
c) Rajat Sharma

PRAYER

That the Petitioner therefore, most humbly prays that :

1. That this Hon’ble Court be pleased to decree a dissolution of the marriage

between Petitioner and the Respondent on the grounds of cruelty under
Section 13(a) of Hindu Marriage Act, 1955.
2. That the Respondent be punished as a criminal liability under Section 498A
of Indian Penal Code.
3. That the Petitioner be granted a sum of Rs. 10,00,000/- as alimony from the
Respondent.
4. That cost of the litigation of the present petition may kindly be awarded to
the Petitioner from the Respondent.
5. For any other just and reasonable order in the favour of the Petitioner may
kindly be passed to meet the ends of justice and equity.
 AND FOR THIS ACT OF KINDNESS, THE PETITIONER ABOVENAMED,
AS IN DUTY BOUND, SHALL EVER PRAY.

Place: Nashik

Date: PETITIONER

ADVOCATE

VERIFICATON

I, MRS. ANITA DEV SINGH, Aged 39 years, Occupation –

House Wife, R/o Nashik do hereby solemnly affirm that what is stated in the above
paragraphs is true and to the best of my knowledge and information.

Place: Nashik

Date: PETITIONER
 IN THE COURT OF FAMILY JUDGE

AT NASHIK

HINDU MARRIAGE PETITION no. 200/2024

IN THE MATTER OF :

MRS. ANITA DEV SINGH … PETITIONER

Versus

MR. DEV RAMESH SINGH … RESPONDENT

ADDRESS MEMO

ON BEHALF OF PETITIONER

MR. DEV RAMESH SINGH

R/O: 101, Sukhada Apartment, near Kishor Marg,

Jehan Circle, Nashik – 432002.

Date: PETITIONER

NASHIK

ADVOCATE
 IN THE COURT OF FAMILY JUDGE

AT NASHIK

HINDU MARRIAGE PETITION. 233/2024

IN THE MATTER OF :

MR. ANITA DEV SINGH … PETITIONER

Versus

MR. DEV RAMESH SINGH. … RESPONDENT

LIST OF DOCUMENTS

ON BEHALF OF PETITIONER

SERIAL PARTICULARS REMARKS

NO.
1. Marriage Certificate registered at Photo copy
Marriage Registrar office, Nashik
2. Wedding Photo of Petitioner and Original
Respondent
3. Copy of FIR lodged at Sarkarwada Photo copy
Police Station
4. Medical Report of Civil Hospital, Photo Copy
Nashik.

Date:

Nashik ADVOCATE
 IN THE COURT OF FAMILY JUDGE

AT NASHIK

HINDU MARRIAGE PETITION no. 200/2024

IN THE MATTER OF :

MR. ANITA DEV SINGH. … PETITIONER

Versus

MR. DEV RAMESH SINGH. … RESPONDENT

AFFIDAVIT

I, Anita Dev Singh aged 39 years, R/O Narayan Bapu Nagar, Nashik, do hereby
solemnly affirm and declare as under:

1. That I am the Petitioner in the above noted Petition and fully conversant
with the facts of the case and able to confirm the same.
2. That the petition has been drafted by my counsel on my instructions and
contents of the plaint has been read over and explained to me in vernacular
language and I have understood the meaning and implications thereof and
facts stated therein are correct.
3. That the contents of the petition are not being repeated here for the sake of
brevity and same shall be considered as a part of this affidavit also.

VERIFICATION

I, Anita Dev Singh aged 39 years R/O Narayan Bapu Nagar, Nashik do
hereby solemnly affirm that the contents of this affidavit are true and to the
best of my knowledge.
 FIR COPY
UNDER SECTION 498A OF IPC

COMPLAINT NO. 2500/2024

IN THE COURT OF FAMILY JUDGE

AT NASHIK
 Hindu Marriage Petitionno. 200/2024

IN THE MATTER OF :

MRS. ANITA DEV SINGH. … PETITIONER

Versus

MR. DEV RAMESH SINGH. … RESPONDENT

WRITTEN ARGUMENT
ON BEHALF OF PETITIONER

The Petitioner most humbly submits that:

1. That the Petitioner and the Respondent are lawfully married according to
traditional Hindu Vedic rituals in the presence of friends and family on 20th
May 2020 at the Balaji Banquet, Someshwar at Nashik. The said marriage
has been registered with Marriage Registrar, Nashik with marriage
certificate no. 2500 dated 12-07-2020.
2. That after the marriage they were living together for 1.5 years.
3. That suddenly the behaviour of Respondent started changing towards the
Petitioner. They had arguments over petty issues. The Petitioner ignored
these issues considering these as normal matrimonial fights.
4. That on 15-04-2022, the Respondent returned home from work and started
abusing the Petitioner verbally for spending too much time on call with her
mother. This incident was again ignored by the Petitioner as a part of
adjustment in the marriage.
5. That on the night of 2-11-2022, the Respondent returned home in drunken
state and again started verbally abusing the Petitioner for the reason that she
had a friendly interaction with their male neighbor. The Respondent
physically assaulted the Petitioner for the same reason. The Petitioner was
hospitalized for the injuries caused by the assault.
15.That even after tolerating all the above stated assaults, what escalated the
situation is that on the night of 18-05-2023, the Respondent again returned
home drunk from work and furiously attacked the Petitioner which left the
Petitioner severely injured leading to multiple fractures in hand and leg. The
Petitioner thereupon lodged a complaint at Sarkarwada Police Station,
Nashik being FIR complaint no. 2143.
6. That Petitioner did not file a complaint earlier as she did not want her aged
parents to suffer any sort of mental stress and with a hope that the
Respondent will change in near future.
7. That the aforesaid events shows that the Respondent has uncontrollable
anger issues which has made it tough for the Petitioner to live with the
Respondent.
8. That the aforesaid events and produced evidences also shows that
continuation of the marriage also possesses a potential life threat to the
Petitioner.
9. That the Petitioner is a house-wife having no source of income whereas the
Respondant is a businessman having a well settled real estate business.

10.In Hemsingh @ Tinchu vs Smt. Bhawna 2023, the Court held that “Once
cruelty is found committed, the cause of action to seek divorce does arise. How the parties may
conduct themselves thereafter, may remain a relevant factor. Yet, no rule of law may arise as may
dictate to the Court to pass an order to restore the matrimonial relationship between the parties,
without looking into the other attending circumstances.

That the Petitioner therefore, most humbly prays that :

1. That this Hon’ble Court be pleased to decree a dissolution of the marriage

between Petitioner and the Respondent on the grounds of cruelty under
Section 13(1) (i-a) of Hindu Marriage Act, 1955.
 2. That the Respondent be punished as a criminal liability under Section 498A
of Indian Penal Code.
3. That the Petitioner be granted a sum of Rs. 10,00,000/- as alimony from the
Respondent.
4. That cost of the litigation of the present petition may kindly be awarded to
the Petitioner from the Respondent.
5. For any other just and reasonable order in the favour of the Petitioner may
kindly be passed to meet the ends of justice and equity.

AND FOR THIS ACT OF KINDNESS, THE PLAINTIFF ABOVENAMED, AS

IN DUTY BOUND, SHALL EVER PRAY.

Date:

Nashik ADVOCATE.