Petition by Hindu Wife on the Grounds of Cruelty
IN THE FAMILY COURT BANDRA, MUMBAI
PETITION NO. ___ of 2019
Smt. Rakhi Kasliwal W/o Rakesh Kasliwal aged about 43 years, R/o ............
....Peti
tioner.
Versus
Rakesh Kasliwal S/o aged about 45 years of age, residing at _________,
.....Respondent.
In the matter of dissolution of marriage under Section 13 of the Hindu Marriage
Act, 1956:
MOST RESPECTFULLY SHEWETH:
1. That the Petitioner and the Respondent were lawfully married according to
traditional Hindu Vedic rites on the ______ day of __02 at the ______ in Mumbai.
Hereto annexed and marked Exhibit 'A' is a copy of the marriage certificate
evidencing the said marriage.
2. The Petitioner and the Respondent are Hindu by birth and they continue to
be so.
3. After the said marriage, the Petitioner and the Respondent cohabited and
lived together at the Petitioner's house for about six years. There were two issues
out of this marriage viz. LML (son of ________ years of age) and HIJ (daughter of
___ years of age).
4. The Petitioner states that from the month of ___ 02, the Respondent began
to ill-treat the Petitioner, and from the month of _____02, began to physically
assault the Petitioner without any cause whatsoever. For some time, the
Petitioner made no complaint and underwent such ill-treatment, hoping that the
Defendant would see better sense. However, on or about ____month of 02, the
Respondent attacked the Petitioner with a stick and inflicted serious injuries
leading to multiple fractures in hand and leg of the Petitioner. The Petitioner
thereupon lodged a complaint at the ____ Police Station, being complaint No.
___. The Petitioner craves leave to refer to and rely upon a copy of the said
complaint when produced
5. The Petitioner says that as a result of the aforesaid injury inflicted on the
Petitioner by the Respondent, the Petitioner had to be hospitalized for six days.
The Petitioner craves leave to refer to and rely upon the Medical Certificate issued
by Dr. ____ who treated the Petitioner at ______ Hospital.
6. The petitioner says that even thereafter, the Respondent continued to treat
the Petitioner in a cruel and violent manner. The Petitioner says that such cruelty
has cause an apprehension in the mind of the Petitioner that it will be harmful
and injurious for the Petitioner to continue to live with the respondent.
7. There is no collusion or connivance between the Petitioner and the
Respondent in filing this Petition.
8. The Petitioner is claiming alimony @ Rs. ---- per month from the Respondent.
9. No other proceedings with respect to the marriage between the Petitioner
and the Respondent have been filed in this Honorable Court or in any other Court
in India.
10. The Petitioner and the Respondent were married in Mumbai and last
cohabited in Mumbai within the territorial limits of the jurisdiction to entertain,
try and dispose of the present Petition.
11. The Petitioner being a lady is exempt from payment of Court fees.
12. The Petitioner will rely on documents, a list whereof is annexed hereto.
The Petitioner therefore prays:
· That this Honorable Court be pleased to decree a dissolution of the said
marriage between the Petitioner and the Respondent;
· That the Petitioner be granted alimony @ Rs. _______/- per month;
· That the Respondent be ordered and decreed to pay to the Petitioner the
costs of this Petition; and
· In the alternate to prayer (c) above, the Respondent be directed to give the
Petitioner a sum of Rs. ________/- so as to enable her to purchase suitable
accommodation for herself;
· That pending the hearing and final disposal of this petition, the Respondent
be directed to provide the Petitioner with a monthly allowance of Rs. ____/- to
meet her personal expenses and the expenses of running the matrimonial home;
· For such further and other reliefs as the nature and circumstances of the
case may require.
....Petitioner.
VERIFICATION
I, Rakhi Kasliwal, the Petitioner above named, do hereby solemnly declare on this
27th Day of December 2019 at Dehradun and say that what is contained in
paragraphs _________ to __________ is true to my knowledge and that what is
state in paragraphs _______ to _______ is stated on legal advice and I believe the
same to be true.
....Petitioner.
