Original Divorce Petition filed before Family Court

BEFORE THE PRINCIPAL JUDGE, FAMILY COURT,

TIS HAZARI COURTS, DELHI

                HMA Petition No._____________  of 2020

IN THE MATTER OF:

Smt. Pinki Shukla                                                   ….PETITIONER

VERSUS

Shri Amar  Shukla                                              .…RESPONDENT

INDEX

NEW DELHI                                        PETITIONER

DATED:07 .08.2020        THROUGH

COUNSEL

BEFORE THE PRINCIPAL JUDGE, FAMILY COURT,

TIS HAZARI COURTS, DELHI

                HMA Petition No._____________  of 2020

MEMO OF PARTIES

IN THE MATTER OF:

Smt. Pinki Shukla

W/o. Amar Shukla

D/o. Ratan Mishra

R/o.14, Block-A,

Shastri Nagar,  Delhi-110052                                             …..PETITIONER

VERSUS

Shri Amar Shukla

S/o.  Shri Radha  Shukla

R/o. Village Korari

Post – Korai, Distt. Sitapur,

U.P.  Pin Code – 261302                                                    ……RESPONDENT

Under Section-13(1)(ia)

Hindu Marriage Act, 1955

Filed by:

Avinash Nandan Sharma

Advocate

Chamber No. 671, Patiala House Court

New Delhi-1, Mob: 7292020323

Place: Delhi

Date:  07 .01.2020

BEFORE THE PRINCIPAL JUDGE, FAMILY COURT,

TIS HAZARI COURTS, DELHI

                HMA Petition No._____________  of 2020

IN THE MATTER OF:

Smt. Pinki Shukla

W/o. Amar Shukla

D/o. Ratan Mishra

R/o.14, Block-A,

Shastri Nagar,  Delhi -110052                                         …..PETITIONER

VERSUS

Shri Amar Shukla

S/o.  Shri Radha  Shukla

R/o. Village Korari

Post – Korari , Distt. SitapurI, U.P.                                .…RESPONDENT

      PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE UNDER SECTION 13 (1) (ia) OF THE HINDU MARRIAGE ACT, 1955 AS AMENDED BY THE MARRIAGE LAWS (AMENDMENT) ACT, 1976

SIR,

The Petitioner above-named respectfully submits as under:

1. That the marriage between the parties was solemnized on 17^th May, 2018 at Village Mishrapur,  District Sitapur, U.P. with pomp and show according to Hindu rites, customs and ceremonies. An Affidavit to this effect in respect to and support of the petition is enclosed herewith. The original Marriage Invitation Card is annexed herewith as ANNEXURE-P-1.

2.      That the status, age and place of residence of the parties to the petition before marriage and at the time of             filing the present petition were/are as follows:-

AT THE TIME OF MARRIAGE

AT THE TIME OF FILING THIS PETITION

3.      That the Petitioner is a house wife and the respondent is working in a private company. The photo copy of             the election card as an ID proof of the Petitioner is attached herewith as ANNEXURE-P-2.

4.     That a son named Aayush Shukla was born on 06.12.2013 out of the wedlock and he is now studying at                L.K.G in Sant Gyaneshwer Convent School, Delhi. The School ID of Aayush Shukla is annexed herewith as            ANNEXURE-P-3. 

5.    That in the marriage of the parties, the respondent and his parents had demanded heavy dowry from the               family of the petitioner and were given the cash of Rs.3 Lakhs, almost all household articles and jewelries by         the petitioner’s family. However, the respondent and his family were not happy with the given dowry and they        started taunting the petitioner for bringing insufficient dowry in the marriage.

6.    That the petitioner stayed at matrimonial home at U.P. for 2 months after their marriage and during this period         the respondent, his parents and his younger brother Pintu abused, bate and tortured the petitioner for                     fulfilling  their demand of more dowry.

7.     That in month of August 2019 the respondent along with the petitioner came to Delhi where he took a rented          house at 14, Block-A, Shastri Nagar, Delhi and joined a Private Company for work. It is pertinent to mention            here that all the household articles, Jewelries (Stridhan) of the petitioner were kept in the possession of the            mother of the respondent namely Smt. Sunita Devi and the same is now with the respondent and his mother.

8     The respondent has a very cruel nature and mental instability. This fact was not brought to the notice of the             petitioner at the time of marriage, it emerged gradually when the respondent came to Delhi with him and his           acts/actions became apparent.

9.    That it is stated with all vehemence that the respondent did not take care of the petitioner and their son. The           Respondent wanted to abandon the petitioner and thus get rid of his responsibility of maintaining a family.               The   respondent did not pay even a single penny to the petitioner for household expenses and the petitioner        is economically dependent on mercy and help of her parents, friends and relatives for fulfilment of her basic             needs.

10.      That on 05.09.2019 the respondent had brutally beaten the petitioner and burnt her hand at Delhi as he                 was asking the petitioner to bring more cash from her parents so that he could enjoy Delhi life style. The                 photographs of the petitioner with burnt hand are annexed herewith as ANNEXURE P-4.

11.     That the Respondent is being guided by her mother Smt. Sunita Devi and his younger brother Pintu Shukla           who have full command and influence over him and always interfered in every activity of their matrimonial               home, even to the extent of giving directions to the respondent that he should abandon the petitioner and               their son and get rid of this marriage. Such interference of respondent’s mother and his brother made the               life   of Petitioner hell.

12.    That on 06.12.2020, the petitioner was admitted in Hindu Rao Hospital and gave birth to their son through a           major oppression, however, the respondent was not concerned with it as he did not come to hospital nor                 paid a single penny towards the medical expenses and the same was arranged borrowing money from the             parents and relatives of the petitioner. The expenses of the family were never shared by the respondent and          he never took the responsibility of his wife and son.

13.     That at one pretext or other, Respondent used to beat her and push her head against the wall by losing his            temper. On 06.01.2020 the respondent mercilessly gave beatings to the petitioner and she made a 100                 Number call to police. However, Police managed the incident and the case was got compromised. These               acts among others of the respondent have caused immense metal and physical torture to the petitioner and           the petitioner is very apprehensive and it is not possible for him to live with the respondent under such                   circumstances.

14.   That since January 2020, the respondent has intentionally left the petitioner and their son in Delhi and he                alone had gone to his native place to reside with his parents. That the petitioner has born all these sufferings          and cruelties committed by the respondent for the sake of the prestige of her parents as they always                      counseled her to adjust with the respondent.

15      That in the existing facts and circumstances, considerations and scarce understanding between the parties,            the matrimonial home can never be set in right direction and upholding of this artificial and cruel                              relationship     will serve no purpose and also it is not possible for the petitioner to further lead her life with              the respondent happily in the prevailing circumstances of cruelties and violence created by the respondent.

16.       That the petitioner during this period of marriage has already suffered an intolerable cruel treatment,                        humiliation, harassment, torturing from the Respondent and from his in-laws. The circumstances stated                  above had made the petitioner’s life a hell and there is no way left out except to file the present petition                  before the Hon’ble Court.

17.     That the petitioner has not in any manner condoned the cruelty committed by the respondent against the                petitioner.

18.        That petition is not filed in collusion with the Respondent.

19.      That there has not been any un-necessary and improper delay in instituting the present petition.

19       That there has been no previous legal proceeding between the parties to marriage.

20.        That the Respondent is presently residing in Delhi and both parties lastly resided together in Delhi which                  is within the territorial jurisdiction of this Hon’ble Court. Therefore, this Hon’ble Court has necessary                        jurisdiction to entertain this petition.

21.       That there are no other legal grounds/reasons why the relief should not be granted.

22.        That the cause of action for filing the present petition arises on 17.05.2018 when the marriage between                   the petitioner and respondent was solemnized at U.P. when out of their wedlock Son Sonu Shukla was               born on 06.12.2019 and again when the respondent assaulted the petitioner on many times including on                5.1.2020 and 6.1.2020 . The cause of action further arose when the respondent abandoned the petitioner                on January,2020 and now threatening the petitioner

23.       That the requisite court fee for the purpose of court fee and jurisdiction, for relief sought for, has been paid.

PRAYER

In view of the above facts and circumstances, the petitioner herein most humbly prays that:

1. The marriage between the Petitioner and the Respondent may be dissolved by a decree of divorce on the above grounds in the interest of justice; or

1. Cost of petition be awarded in favour of the Petitioner, and /or

1. Such other further orders as this Hon’ble Court may deem fit and proper.

PETITIONER

THROUGH

AVINASH NANDAN SHARMA

Advocate

Chamber No. 671, Patiala House Court

New Delhi-1. Mob: 7292020323

Place: Delhi

Date:  07.10.2020

VERIFICATION:-

I, the above named Petitioner do hereby state and verify on solemn affirmation that the contents of Para No.1 to 16 of the above petition are true and correct to my knowledge and Para No.17 to 23 are based on the information received and believed to be true. Last Para is prayer to this Hon’ble Court.

Verified at Delhi on this   7^th    day of October 2020

PETITIONER   

               BEFORE THE PRINCIPAL JUDGE, FAMILY COURT,

TIS HAZARI COURTS, DELHI

                HMA Petition No._____________  of 2020

IN THE MATTER OF:

Smt. Pinki Shukla                                              …..PETITIONER

VERSUS

Shri Amar Shukla                                          .…RESPONDENT

AFFIDAVIT

I, Mrs. Pinki Shukla  W/o. Amar Shukla aged about 27 Years  R/o. 14, Block-A, Shastri Nagar, Delhi-110052. do hereby solemnly affirm and declare as under:-

1. That I am petitioner in the above case and am conversant with the facts of the case and competent to swear this affidavit.
2. That the accompanying petition under Section-13(1)(ia) of Hindu Marriage Act, 1955, has been drafted by my counsel under my instructions. The statements of facts contained therein are true and correct to my knowledge and have been understood by me in vernacular.
3. That my marriage was solemnized with the respondent on 17^th May,2020 at Village Mishrpur, District Sitapur.
4. That there is no reason or ground whatsoever which may legally bar the relief prayed for.
5. That there is no collusion between the parties in presentation of Petition.
6. That I have not in any manner condoned the cruelty committed by the respondent against me.
7. That I am not repeating the contents of the accompanying petition herein for the sake of brevity and the same be read as part and parcel of this affidavit.
8. That above is my true and correct statement.

DEPONENT

VERIFICATION:–

I the above named petitioner do hereby verify that the contents of my above affidavit are true and correct to the best of my knowledge. No part of it is false and nothing material has been concealed therefrom

Verified at Delhi on this    7^th    day of October  2020.

DEPONENT