IN THE FAMILY COURT _________ PUNE

PETITION NO. 1208 OF 2017

Sh. Kapildev Kishandev Jaiswal

Aged- 34 years, profession – Business
R/o- 703, C wing, Supreme Palm Society
Balewadi, Pune, 411007
Mobile No. 888871988
__Petitioner
Versus
Smt. Sanskriti Kapildev Jaiswal
Aged- 31 years, Profession- Housewife
Through Sh. Prabhat Sharma
R/o- B-173, First Floor, Gujranwala Town
Model Town, Metro Town, Metro Station Part-1
Delhi- 110009
__Opposite Party
Application for restitution under Section 9 of Hindu Marriage Act,
1955
The petitioner herein humbly submits that:
1. That the marriage of petitioner and respondent who are
husband and wife was solemnised on 15 February 2015 at
Roji Grant Plaza, Eleganj Hall, Shakti Nagar Road, Delhi as
per Hindu rites and rituals. That both the parties were
unmarried at the time of marriage and there was no
objection to anyone regard the marriage.
That the marriage was solemnized through Shadi.com.
the expenditures were borne by both parties of their
respective shares. After the marriage, the petitioner and
respondent was fixed, engagement ceremony took place and
 marriage was fixed with consent and approval of both the
parties.
after 1 year and 5 months, the marriage of the petitioner
and respondent was solemnised. In the meantime, the
petitioner had apprised the respondent about himself and
his family background and explain to her the customs and
systems of family. Respondent had heard and understood
the information given by petitioner and had happily agreed
to follow the system/ custom. The petitioner has told her to
live happily and be friendly and understanding in the
household and respect the elders in the family. The
petitioner told the respondent that he like to live in joint
family.
2. After marriage, the respondent came to live with the
petitioner in his house at Pune where beside the petitioner
his mother also lived.
After marriage the petitioner and respondent went to
Goa for their honeymoon. For initial 1, 2 months the life was
happy but after that respondent began asking different
different information from the petitioner. She was very
casual in her behaviour towards running the house. It was
difficult for the respondent to get up early in the morning.
The respondent didn’t speak to any member of the
family/household in a respectful manner. She refused to
give medicine to the mother of the petitioner on time or to
give tea to her in the morning and refused to speak to her.
Due to this behaviour of respondent, the petitioner was
getting mentally tortured but the respondent deliberately
made it difficult to even communicate and the respondent
didn’t perform her duties and responsibilities after marriage.
3. The respondent after marriage continued to look for excuses
for going to her parental home. Once she has to go to her
parental house for the marriage of her friend, she made a
false statement to the petitioner that she is going to her
parental house because she needs to bring the graduation
certificate. At that time, she had gone for the marriage of
her friend.
Since marriage time, the respondent has never
considered her matrimonial house as her own, nor did
 she adopt her responsibilities even though the
petitioner made all efforts to keep her happy by
fulfilling her demands and desires but the respondent
never understood emotion of the petitioner. The only
desire of the petitioner was that the respondent should
get involved happily in the affair of the matrimonial
home and to take good care of his mother and make
the family life happy by fulfilling all her matrimonial
duties. But the respondent didn’t do even one out of
the above. She never took her matrimonial
responsibilities seriously. The petitioner made several
attempts to make the respondent understand this, but
respondent never made at attempt to understand this.
4. The respondent didn’t go to the house of sister of the
petitioner. Similarly, the respondent did not take care of the
wellbeing of mother of petitioner. The behaviour of
respondent was very strange. The elder brother of petitioner
had organised a family trip to Kerala in order to develop
cordial and happy relation with respondent. The respondent
had told petitioner before marriage she does not take
alcohol, but during the trip the respondent took alcohol in a
very casual manner. This fact was great jerker for the
petitioner and his family member.
The respondent had a very suspicious nature. She
used
to be suspicious about the lady staff in the office of
petitioner and because of that she used to quarrel with him.
If any lady staff from his office sent any WhatsApp message
to the petitioner she used to doubt about the message and
quarrel with petitioner over the message.
5. Once the respondent lost Rs. 4000/-, she informed the
petitioner, he told her to look into the purse or inside the
cupboard, but she got irritated and said “Am I telling lies?
Do you know that I have more money than you?” and
respondent fought with the petitioner. Actually petitioner
had told her not to get tense and take more money yet the
respondent fought with him.
 The respondent quarrel with petitioner after
consuming
alcohol and after taking drinks she gets into attacking
mode. And ant time even she is not aware of what she is
doing. To illustrate this, I state that once I booked a hotel
for one day for all women in the family and small children,
even over that to create disturbance she had caused
aggressive behaviour in the hotel lobby and began insulting
to go back home alone in middle of night.
6. The petitioner had once visited with respondent at her
elder’s brothers home in Mumbai. At this time the
respondent consumed alcohol and quarrelled with petitioner
after her mother went off to sleep. Even though the
petitioner spoke softly with respondent yet the petitioner
quarrel with her. The respondent immediately telephoned to
father and informed of the whole incidents to him and
respondent used foul language with the petitioner mother
yet the father of respondent did not stop his daughter on
the contrary supported her, he encouraged her.
Once the petitioner took the respondent and his
mother
For darshan to the temple, left them and went ot place of
work. When he come he found that rickshaw had gone over
the foot of his mother and he was very pained due to that
the respondent did not take her to the doctor nor informed
the petitioner about it. On the contrary blamed her mother
in law for going here and there on the road in an
irresponsible manner.
The respondent has great dislike and anger against her
mother in law and sister in law. At or on any festival-
occasion to the house of petitioner, but even at that time the
respondent uses foul language against mother in law and
sister in law and insult them.
In response the relative of petitioner also use foul language.
The respondent has never accepted her matrimonial
home as her house. She always said over the phone when
 petitioner inquired from her why she said so, she said that
it was just said and not true. One day the respondent was
speaking over the phone for a long time when petitioner
asked her who she was talking to, she said that she was
speking to her mother. But the petitioner could see clearly
that the respondent was speaking with her friend. The
petitioner asked her that if she was speaking to her friend
why she say that she was speaking to her mother. The
respondent got angry and said that he is good friend of mine
and I share my problem with him. The petitioner found this
statement very strange but he did not take any action about
it.
7. The respondent is of suspicious nature and always had
suspicion in her mind and would create her own reason for
quarrelling with the petitioner and made statement that she
would go back to the parental home. In August 2017 there
was severe fight between and respondent after that the
respondent was adamant about returning to the parental
home. The respondent informed the father that she wanted
to return the parental home her father telephoned elder
brother of the petitioner to send the respondent. on 6 th
August 2017 the respondent herself booked her flight ticket
for Delhi. Before leaving for her parental home she took her
belongings and jewellery. Since it was cause for worry that
she was travelling alone with her jewellery, the brother and
sister in law of petitioner got ready to go with her but
respondent refused to take them along and left for
matrimonial home alone. Regarding this, the brother of
petitioner telephoned father of respondent and asked him to
pick the respondent from the respondent from the airport
and call him about her arrival.
8. The petitioner felt that the respondent had left in anger and
when her angers settle in eight- ten days she will come
back. The petitioner telephoned respondent once or twice
but the respondent did not speak properly. At that time only
she demanded divorce. After this respondent switched off
her mobile phone number that neither the petitioner nor
any of his family member could call her. Whether the
 respondent had taken any new number, she did not inform
the petitioner about it.
The petitioner and his family member contacted father
of the respondent but he said that he was busy and would
call later on. I or my representative will call but thereafter
no call was received.
9. The petitioner is still desirous of continuing his matrimonial
life with the respondent therefore this case is filed for
appropriate relief.
10. The petitioner and respondent have lived as husband
and wife within the jurisdiction of court. This court has
authority to try the case and issue order.
11. The requisite stamps have been paid.
12. No other case seeking similar relief has been filed in
any court.
13. The status today is same as was on 6 th August 2017.
Therefore, the petitioner is eligible to file this case.
14. Prayer of petitioner is: -
a. Direct the respondent to accompany the petitioner
to return to her matrimonial home.
b. Any other order as deemed appropriate.

Pune.
Dated. 11.10.2017 Petitioner

Sd/-
Advocate of petitioner.

Affidavit
I, sh. Kapildev Krishndev Jaiswal age 35 years,
Profession- Business, r/o 703 c- wing Supreme
Plam Society Balewadi, Pune-7 on solemn affirm
and state that whatever is stated in the petition is
as per my instruction and the facts are true to the
best my knowledge. I have signed the same today
with my own hands at Pune.

Petitioner
Pune
Date 11/10/17