IN THE COURT OF THE DISTRICT JUDGE AT GURUGRAM
HMA Petition No. ………. of 2022
Smt. A… w/o…r/o…….Gurugram …. Petitioner
Versus
Lieutenant B… s/o… r/o……… Gurugram …. Respondent
PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE UNDER SECTION 13(1)(i-a) AND(i-b) OF THE HINDU MARRIAGE ACT, 1955
Sir.
The Petitioner above-named respectfully submits as under:
1. That a marriage was solemnized between the parties according to Hindu rites and ceremonies on 10th April, 1990 at Gurugram. The said marriage is registered with the Registrar of marriage. A certified copy of the relevant extract from the Hindu Marriage Register …… is filed herewith. An affidavit, duly attested stating above facts has also been filed.
2. That the status and place of residence of the parties to the marriage before the marriage and at the time of filling the petition were as follows:
| Husband | Wife |
| Status | Age | Place of Residence | Status | Age | Place of Residence |
| (a) Before Marriage | |||||
| Hindu Bachelor | 34 Years | Noida | Hindu Virgin | 32 Years | Noida |
| (b) At the time of filing the petition | |||||
| Hindu Married | 36 Years | Noida | Hindu Married | 33 years | Noida |
3. That after the marriage, both the parties lived together for sometimes at Rewari and thereafter at the place of the posting of the Respondent.
4. That out of the wedlock, the Petitioner gave birth to two daughters i.e. (i) X born on……… and (ii) Y born on …….
5. That the Respondent has been posted on non-family stations for the last more than two years previously near Kashmir and thereafter his unit shift to Assam.
6.That ever since the Respondent was transferred to non-familystations, he physically deserted the Petitioner and has not takencare of her and her children and she had to make out a livingfor herself and for the maintenance of her two daughters.
7. That the father of the Petitioner lives in a small-rented premises at……. Rewari and is also unable to maintain the petitioner andher daughters due to his old age and meager resources. Moreover,he has a large family to support.
8. That the Petitioner’s parents tried to meet as many demands of the Respondent as possible during the parties’ engagement and marriage ceremonies, but that because the Respondent did not have a permanent residence of his own, he wanted to obtain as much comforts for himself from the Petitioner’s parents in the form of dowry and gifts as possible, and that he continued to pester the Petitioner to do so even after the parties’ marriage.
9. That the Respondent frequently abused the Petitioner and her parents because the Petitioner’s parents were unable to meet all of the Respondent’s requests, , referring to them as “Kanjus,” and using unparliamentary language in the face of his friends, coworkers, relatives, and neighbours.
10. That despite numerous letters from the Petitioner, the Respondent has never sent a single paisa for the subsistence of petitioner and her two kids since he was assigned to non-family stations.
11. That the Respondent has been a regular drinker for several years, spending all of his earnings on his drinks and cigarettes, and that on numerous instances, he has taken pieces of the Petitioner’s jewellery and disposed of them without her consent, using the revenues for his own pleasures.
12. That the Respondent has been falsely accusing the Petitioner of adultery and infidelity for several months, despite the fact that the Petitioner believes the Respondent is unfaithful to her and no longer cares or wants to maintain her as his wife. He has even sent letters to his parents and relatives to that effect, in which he degrades and defames the Petitioner.
13. That the Respondent approached the Petitioner in early August 1990 and promised that he would make no demands in the future, would not abuse, beat, or malign her, and would properly maintain her and the children, and under these false assurances, the Respondent took the Petitioner to his place of posting and plea that he would obtain a private residence and keep the family over there comfortably. The Respondent, on the other hand, made no suitable provisions for the Petitioner, mistreated her again, and slapped her twice in front of his colleagues.
14. That the Petitioner could no longer tolerate the abuse and had to leave the station and return to Rewari.
15. That while at Assam, the Petitioner also learnt that the Respondent was interested in some other woman and that wasprobably the reason why inspite of a long separation the
Respondent did not indulge in sexual intercourse with thePetitioner even during her stay at Assam.
16. That for the last more than two years, the parties have notcohabited at any place and even though the Respondent has met the Petitioner for some days at Delhi and for some days
at his above-stated posting at Assam, he never invited the Petitioner for cohabitation.
17. That the Petitioner has been deserted by the Respondent for more than two years and has been treated cruelly for an even longer period of time in these circumstances.
18. That the Petitioner’s attempts to restore the parties’ marriage have been futile, and that there is no longer any likelihood of the parties living together or reuniting as a happily married couple.
19. That the Petitioner has not complicit in, connived in, or supported the acts of cruelty complained of in any way.
20. That the petition is not presented in collusion with the Respondent.
21. That there has not been any unnecessary or improper delay in filing the petition.
22. That there is no other legal ground why the relief should not be granted.
23. That there has not been any previous proceeding with regard to the marriage by or on behalf of any party.
24. That the marriage between the parties was solemnized at Gurugam. This Hon’ble Court therefore has jurisdiction to entertain and try this petition.
PRAYER
The Petitioner therefore prays that the marriage between the parties be dissolved by a decree of divorce. The costs of these proceeding be also awarded to the Petitioner.
Petitioner
Place:
Date: Through
Sd/- (Advocate)
VERIFICATION
I, A, the petitioner above-named, residing at ….., do hereby solemnly declare and say that what is stated in paragraphs 1 to 18 is true to my own knowledge and what is stated in the remaining paragraphs 19 to 24 is stated on information and belief and I believe the same to be true.
Verified at Gurugram on this………day of ………..2022.
Petitioner