PETITION SEEKING DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE IN
DISTRICT COURT
In the District Court at Kanpur
In the matter of dissolution of marriage under Section 13 of the Hindu Marriage Act, 1956:
And
In the matter of the Family Courts Act, 1954;
And
In the matter of Divorce of the Petitioner with the Respondent on grounds of cruelty.
Sushila D/o Sri Dinesh r/o Kanpur………………………………………………… Petitioner
VERSUS
Arvind S/o Sri Mukund r/o Banda……………………………………………….. Respondent
To,
The Hon''ble Principal Judge
And Other Judges of this Hon''ble Court.
The Humble Petition of
The Petitioner abovenamed
Most respectfully submits:
1. That the Petitioner and the Respondent were lawfully married according to
traditional Hindu Vedic rites on the 20th day of April 1995 at Doliganj in Kanpur.
Hereto annexed is a copy of the marriage certificate evidencing the said marriage.
2. That the Respondent is employed and works as an Engineer and earns Rs. 10,00,00
per month.
3. That the Petitioner and the Respondent are Hindu by birth and they continue to be
so.
4. That the status and place of residence of the parties to the marriage prior to the
marriage, while filing the petition were as follows:
Time Status Age Place of Residence
Before Marriage Hindu 26 170, IFFCO Chowk
(Petitioner) Doliganj, Kanpur
Before Marriage Hindu 30 64, A Block, S.N
(Respondent) Marg, Banda
While Petition Hindu 36 170, IFFCO Chowk
(Petitioner) Doliganj, Kanpur
While Petition Hindu 40 64, A Block, S.N
(Respondent) Marg, Banda
5. That after the said marriage, the Petitioner and the Respondent cohabited and lived
together at the Petitioner's house for about six years.
6. That the petitioner states that since the she could not give birth to any child, the
relations between her and the respondent got strained.
7. That the parents of the Respondent, Sri Mukund and his wife, Smt Sheela also
disliked the Petitioner for the same reason that the petitioner could not bear a child
and subjected her to misbehaviour due to this, often insulting her in the presence of
friends and relatives for her inability to bear children and even call her barren. The
Respondent did not admonish such behaviour on any occasion.
8. That on August 9, 2000, the Respondent and his parents sent the Petitioner back to
live with her parents. Even on the date of presentation of this plaint, she has not
been permitted to return to her matrimonial home. On many occasions she has tried
to return to her matrimonial home however, she has not been permitted to return.
9. That the Respondent has failed to provide any maintenance to the Petitioner for her
upkeep. Additionally, the Respondent and his parents retained her personal
property, such as necklaces and bangles, with them.
10. That the Respondent has deserted the Petitioner without any reasonable and
justified cause, rendering it impossible for her to continue in the relationship. The
Petitioner is thus entitled to divorce on grounds of desertion and cruelty, under
section 13(1)(ib) and section 13(1)(ia) of the Hindu Marriage Act, 1955,
respectively.
11. That no other proceedings with respect to the marriage between the Petitioner and
the Respondent have been filed in this Honorable Court or any other Court in India.
12. That the Petitioner and the Respondent have not colluded or connived in the filing
of this petition.
13. . That there has not been any unjust, unreasonable or improper delay in filing this
petition.
14. That there is no valid legal ground for the relief not to be granted.
15. That the petitioner is residing at Doligang, Kanpur and the marriage was
solemnised at Doliganj, Kanpur within the territorial limits of the ordinary original
jurisdiction of this Honourable Court. Therefore, this Court thus has the jurisdiction
to entertain and try the present petition.
16. The Petitioner therefore prays that this Honourable Court may be pleased to:
(a) Grant a decree of divorce, dissolving the marriage of the Petitioner and the
Respondent.
(b) Grant the Petitioner a maintenance at INR 25,000/- per month.
(c) Order the Respondent to pay the costs of this petition to the Petitioner and return
back the Petitioner’s
personal property retained by them; and
(d) Grant such further reliefs as the nature and circumstances of the case may
require.
VERIFICATION
The Petitioner solemnly affirms that the paras 1 to 9 of the petition are true to the best of the
Petitioner’s knowledge and that paras 10 to 15 are true to the best of the Petitioner’s belief as
per the legal advice tendered by the counsel.
Verified at Sardar Patel Road, Kanpur
S/d- Sushila
Dated: January 27, 2005
Petitioner