A
PETITION FOR DIVORCE U/S 13 OF THE HINDU MARRIAGE ACT 1955 [CD1]
IN THE COURT OF THE JUDGE, FAMILY COURT,
PUNE AT PUNE
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Marriage Petition No. __./ 200_ |
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Dr.
ASP ____________ . ___ . |
) |
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age
34 years, occupation - profession, |
) Petitioner |
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resident
of 100 Kalyan Society, |
) |
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PUNE 411 030 Versus
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) |
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Dr.
(Mrs) MAP ________________ |
) |
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age
28 years, occupation - profession, |
) Respondent |
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resident
of C/o Shri BJM, Savali Bungalow, |
) |
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Jawahar
Road, Gulbarga, Karnataka State. |
) |
A PETITION FOR DIVORCE U/S
13 OF THE HINDU MARRIAGE ACT 1955
The petitioner
abovenamed submits this petition, praying to state as follows:
1.
That the petitioner was
married to the respondent at Gulbarga on
according to the Hindu religion, vaidic rites and ceremonies.
2.
That the respondent, prior
to the marriage, was known by her maiden
name as Miss Mona, while there is no change resulted by the marriage in the
name of the petitioner.
3.
That the petitioner being
the ordinary resident of the Pune City and having habitation at the address
given in the title part, after the said marriage, the
respondent
accompanied the petitioner to Pune and started cohabitation from
4.
That, however, right from
the beginning, the respondent was reluctant to reside at Pune and not so
responsive to cohabit with the petitioner, and every now and then, on one or
the other pretext, she used to go to the place of her parents and stay there
for long stretches of time. Having come to Pune for the first time, on , the
respondent went back to her parental home immediately on , and thereafter, she
did not turn up till , and then also stayed with the petitioner only for a period
of about ten days, and on , she went back to Gulbarga to her parents.
Thereafter, the respondent did not turn up till , and having come to Pune on ,
after song a time, she lived at Pune only upto , and again, on , she left Pune
for her parental home, and, thereafter, she ha never turned up as yet.
5.
That during this period,
every time, the respondent pleaded some or the other excuse to go from Pune
early and then sent messages and letters advancing lame excuses for her
prolonged stays at Gulbarga, and, thus, right from the beginning, the
respondent did never realise her marital obligations, nor did she ever bother
to consider the feelings of the petitioner and the members of his family for
the reasons best known to herself.
6.
That the petitioner is a
young man practising medical profession, and the very idea of marrying the
respondent was that, if both of them being medical practitioners start a joint
practice, they can do something in life with a greater advantage.
7.
That, however, despite all
the educational background, the respondent had been so non-considerate and
negligible towards the planning of the future and establishing a joint practice
that she has done everything to
disturb the mental
peace and well
being of the petitioner and
nothing to plan the future joint life.
8.
That the petitioner and the
members of his family, despite all these responsible defects on the part of the
respondent and in the hope that the. respondent by herself or the members of
her family would realise the situation and one day or the other, the wiser
counsel would prevail and she would behave in a more responsible way and
discharge her matrimonial obligations properly.
However, all these hopes proved to be in vain.
9.
That the respondent, right
from the beginning, appears to have some plans of harassing the petitioner, and
this would be clear from the letters, which she had written either to this
petitioner or his father, and from these letters, it would appear that though
the petitioner and the members of his family were eager to have her back and
were all along inviting her to be at Pune, the respondent was under the pretext
of innocence and education writing such letters and pleading such excuses for
her delayed stays there that from them, the petitioner and the members of his
family became apprehensive about the true intentions of the respondent, and,
hence, the petitioner attempted to persuade the respondent to resume
cohabitation and besides writing letters had deputed his relations to visit the
respondent and her parents.
10.
That accordingly, the
petitioner's paternal uncle and the petitioner's mother's sister's son, viz.
Shri APP and RAN, and these relations had gone to the respondent's father's
house, and they saw the respondent's brother and mother. However, though the respondent was very
much present there, she refused to see these relations, and the mother and the
brother did not tell these relations of the petitioner that nothing could be
done by them in the matter, and they would convey the petitioner's message to
the respondent, and, thus, in a most indecent manner, the respondent had sent
back the said relations. Yet, the
petitioner did not lose either head or heart, and with a view to trying again,
the respondent deputed the abovementioned two persons and his brother, Dr. ASP
and two others.
11.
That these people visited
the place of the respondent's father, on
However, they were told that the
respondent was out of station, and the parents and the brother of the
respondent were not in a position either to tell her whereabouts, or the time
when she would be back, and hence, these relations had to come back to Pune.
12.
That it is the reliable
information of the petitioner that the respondent lives with her parents only,
but the respondent as well as her parents and brother were playing these tricks
and telling lies just to thwart the sincere attempts of the petitioner for
cohabitation.
13.
That helpless in the matter, yet sincere in his intentions
and attempts, the petitioner, through his lawyer, sent a notice, on
_______________________ , to the respondent, a copy whereof was sent to the
respondent under certificate, besides the original being sent by registered
post acknowledgement due. The copies sent under certificate of posting were
duly delivered to the respondent. However, she had not accepted the notice sent
by registered post acknowledgement due. and accordingly, the envelope was
received back with postal remarks "Addressee out of station", and in
the situation, the said notice was again dispatched in the similar manner and
received back with the similar remarks, and, thus, this is clear that the
respondent having already learnt that the petitioner had taken the matter
seriously and was inclined to take further action, if the respondent were not
to resume cohabitation, the respondent has evaded the service of the said
notice.
14.
That the petitioner had all
along been very kind, sincere and loving husband. However,
the respondent did
not at all
respond or reciprocate these
feelings dutifully, and during the total period of matrimony, the respondent
has hardly lived at the petitioner's place for a period of sixteen days, and
since , she has deserted the petitioner, and hence, this petition.
15.
That the petitioner's father
had made for the respondent ornaments weighing about 65 gms, and the respondent
had taken all these ornaments with herself, and the petitioner learns that
presently she is employed as
a doctor drawing a
handsome salary, and the respondent's father and brother are rich
people, and perhaps, it is the wealth and the means available to her that she has been deserting the
petitioner.
16.
That the cause of action for
the present petition first arose on __________ and, again, on ________________________________________________________________,
when the period of two years of desertion was completed, and, hence, there is
no undue delay in the presentation of this petition.
17.
That the parties, after the
said marriage, last resided together at Pune within the local limits of the
jurisdiction of this Court, and hence, this Hon'ble Court has jurisdiction top
try and decide this petition.
18.
That the parties hereto have
been residing separately for the last more than two years, and hence, this petition
is maintainable.
19.
That this petition being
chargeable with a fixed rate of court fee, the same is paid herewith.
20.
That the petitioner,
therefore, prays that -
(a)
The marriage between the
petitioner and the respondent be dissolved by a decree of divorce;
(b)
If the Hon'ble Court were to
decline the relief prayed for in clause (a) above, alternatively, the
petitioner prays that a decree for judicial separation be passed; and
(c)
Any other orders in the
interest of justice be kindly passed.
Pune,
Sd/- ASP
Dated: ________ PETITIONER
Sd/- xXx ADVOCATE FOR
PETITIONER
VERIFICATION [CD2]
I,
Dr. ASP, the present petitioner, do hereby
state on solemn affirmation that the contents of this petition in paras 1 to 20
are true and correct to the best of my knowledge and belief, and so I have
signed hereunder. Sd/- ASP PETITIONER
* Subject to the permission
of the Court, as the parties shall not be allowed to be- represented by legal
practitioners, vide the Family Court Act 1984.
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