Aparimita Singh Jadaun (18010085)

Roll number: 14

IN THE HONOURABLE DISTRICT COURT OF TIS HAZARI

PETITION NO 2314 OF YEAR 2019

PETITION UNDER SECTION 13 (1) (ia) OF THE HINDU MARRIAGE ACT,

1955 READ WITH SECTION 7 OF THE FAMILY COURT ACT, 1984.

Pooja Bhatia

Age: 29 Years

Occupation: HR Manager at Red Bricks

Resident at 40, Bazar Ln, Bengali Market,

Todermal Road Area, Connaught Place,

New Delhi, Delhi 110001 … Petitioner

Versus

Pankaj Bhatia

Age: 32 Years

Occupation: Sales Manager at Bira

Resident at Plot 19, Sector 4, Dwarka,

Delhi, 110078 … Respondent

To,

THE HON’BLE PRINCIPLE JUDGE AND THE OTHER

JUDGES OF THIS HON’BLE COURT,

THE HUMBLE PETITION OF THE PETITIONER ABOVENAMED MOST

RESPECTUFLLY SHEWETH

The Petitioner above named respectfully submits as under:

1. That the marriage of the parties to the present petition was solemnized

at Arya Samaj Mandir, Karol Bagh, New Delhi as per Hindu rights and

ceremonies. The parties were married on 25th May 2014. Neither the

Petitioner nor the Respondent belong to a scheduled tribe under Section

2(2) of the Hindu Marriage Act, 1955.

2. That the status, age and place of residence of the parties to the marriage

before the marriage and at the time of filing the petition were/are as

follows:

Petitioner/Wife

Description Status Age Place/Residence

At the time of Hindu 24 40, Bazar Ln, Bengali

marriage Market,
Unmarried
Todermal Road Area,
Connaught Place,
 New Delhi, Delhi 110001

At the time of Hindu 28 40, Bazar Ln, Bengali

filing the petition Market,
Married
Todermal Road Area,
Connaught Place,

New Delhi, Delhi 110001

Respondent/Husband

Description Status Age Place/Residence

At the time of Hindu 28 PN 24, Sector 20

marriage Dwarka, Dwarka, New
Unmarried Delhi, Delhi 110075

At the time of Hindu 32 Plot 19, Sector 4,

filing the petition Dwarka,
Married Delhi, 110078

3. The marriage was duly consummated and out of this wedlock a female

child namely, Pratiksha was born on 1st February 2017. Their daughter

is currently and has always been under the care and custody of the

Petitioner alone.

4. The parties herein met through a common family acquaintance and an

engagement party was organised on 16th December 2013. After the

marriage on 25th May 2014, the Petitioner and Respondent went to Bali

for their honeymoon. During the honeymoon itself, the Respondent

would leave the Petitioner alone at late night in a foreign country to visit

clubs without any notice.

5. Within three months of their marriage, on August 2014, the Respondent

and his parents pressurised the Petitioner to gather funds to purchase

 an SUV for them. The amount demanded was Rupees Twenty lakhs.

The Petitioner stood her ground and refused to yield to the demand due

to the fact that her family has already borne every cost for the wedding,

the total amounting to Rupees Fifty lakhs. Upon hearing this, the

Respondent aggressively slapped the Petitioner which caused a bruise

near her eye.

6. Unfortunately, this cruel treatment continued throughout the course of

the marriage. On October 2014, the Respondent decided to stop sharing

a room with the Petitioner. The Petitioner was denied cohabitation in

the same room and had to sleep in a separate room.

7. The Respondent further became unresponsive to the Petitioner’s

essential rights and demands during the same month.

8. In the month of October 2014, the Petitioner was also continuously

deprived of one of the necessities of marriage by the Respondent. The

husband had grown extremely reluctant towards maintaining any sort

of physical relationship with the Petitioner for no reason. The Petitioner

had attempted to reconcile, however the Respondent never cooperated

in her endeavours and continued to neglect the essential of the

marriage and the needs of the Petitioner.

9. The Petitioner decided to leave the matrimonial house and returns to

her parental home after a year of their marriage due to the mistreatment

cruelty inflicted upon her by the Respondent mentioned in the above

paragraphs.

10. Neither the Respondent nor his family attempted to make any sort of

communication or reconciliation and address the cruelty inflicted upon

 the Petitioner. The reconciliation happened only due to the societal

pressure upon the family in the month of December 2015. The husband

and his family promised to put forward no demands and to treat her

without cruelty to the Respondent in order to bring her back to the

matrimonial home.

11. During their cohabitation, the Petitioner became pregnant and when

she revealed it to the Respondent and his family in the month of July

2016, they demanded her to undergo a gender determination test. After

refusing to comply with the same, the Respondent pushed his wife who

was in her first trimester of pregnancy across the room. Luckily, the

Petitioner was able to maintain her balance and no injuries were

sustained as a result of this cruel behaviour.

12. In order to escape from such a dangerous living space for her unborn

child, the Petitioner returns to her paternal home. During this period,

the Respondent did not attempt any communication or make any

enquiry about the well-being of his wife, or the status of her pregnancy.

13. On the 1st of February 2017, a daughter Pratiksha was born. The

Petitioner had to endure the delivery phase, where mental and physical

faculties are challenged, on her own without any support from the

Respondent.

14. After the delivery of the child, the Respondent did not even visit the

Petitioner or the new born daughter. Further he did not even partake

in the medical expenses incurred by the wife.

15. After two months of abstinent from his family and his responsibilities,

the Respondent eventually decided to visit the Petitioner on April 2017

 and asked her to return to the matrimonial home.

16. In the month of July 2017, upon the Petitioner’s request, the

Respondent agreed to shift with their new born daughter to a new home

in Dwarka itself. The house was situated at Plot 19, Sector 4, Dwarka,

Delhi, 110078.

17. Thereafter, since the month of August 2017 to July 2018, for nearly a

year, the Respondent treated the Petitioner with cruelty on several

instances namely:

• Hurled abuses at her and her family on a regular.

• Locked the Petitioner and Pratiksha in the bathroom if she cried

during the night.

• Regularly taunted the Petitioner for not birthing a baby boy.

• Threatened to marry someone else who would be able to bear a

baby boy.

• Made the Petitioner cut of all communication with her friends and

family.

• Disallowed the maternal family of Pratiksha to meet her.

• Deprived her of food and water for a stretch of two days.

18. In addition to all this, the parties despite living in the same house, lived

separate lives since they moved in the new rented home as the

Respondent would treat their home as a hotel and stay there

intermittently as and when she desired to do so.

19. The petitioner upon receiving such treatment, decided to leave her

matrimonial home along with her daughter for the last time. Both the

parties have been living separately since August 2018.

20. The parties have not been able to reconcile their differences. The

marriage has been broken irretrievably on account of temperamental

differences and physical as well as mental ill treatment of the Petitioner

by the Respondent. The Petitioner has not in any manner been an

accessory to or connived at or condoned the acts complained about

herein.

21. That the relationship between the parties had deteriorated to such an

extent that it has become impossible for them to live together without

mental agony, torture or distress.

22. There has not been any unnecessary or improper delay in filing of the

petition.

23. The Petitioner has not condoned by any act of cruelty on the part of the

Respondent.

24. The Petitioner has paid the requisite court fees of Rs. 100 and the

process fees of Rs. 50.

25. There has not been any previous proceeding with regard to the marriage

by or on behalf of the party.

26. There is no legal ground why the relief should not be granted.

27. The parties were married at Karol Bagh, New Delhi, within the local

limits of the jurisdiction of this Hon’ble court and hence, the Petitioner

humbly submits that this Hon’ble court has the jurisdiction to entertain

this petition.

28. It is therefore humbly prayed:

a) That the marriage between the Petitioner and Respondent

solemnised on 25th May 2014 be dissolved by a decree of divorce

 under Section 13 (1) (ia) of the Hindu Marriage Act, 1955.

b) That the custody of the minor daughter be handed over to the

Petitioner.

c) That the Respondent is subjected to child maintenance.

d) For such further orders and relief as this Hon’ble Court may deem

fit and proper as per the facts and circumstances of this case.

Solemnly affirmed in Delhi on the tenth day of November, 2019

Petitioner

Identified by me,

Advocate, District Court

Verification:

I, Pooja Bhatia, above named, do solemnly state, affirm and verify on the tenth

day of November 2019 that the contents of paragraphs 1 to 22 of the above

petition are true and correct to our knowledge and the contents of paragraphs

23 to 30 are true to information and legal advice received by us which we

believe to be true and correct. No part of it is false and nothing material has

been concealed therefrom. The last paragraph is a prayer to this Hon’ble

Court.

Petitioner