IN THE FAMILY COURT AT GURUGRAM
M.J. PETITION No. __ OF 2024
Petition under Sections 13(1)(i-a), 24, and 25 of the Hindu Marriage Act, 1955,
for Divorce, Maintenance, and Permanent Alimony
Petitioner:
Priya Sharma, aged 39 years
Residing at: Shalimar Heights, Sector 47, Gurugram
Occupation: Consultant
Respondent:
Aakash Sharma, aged 42 years
Residing at: Shalimar Heights, Sector 47, Gurugram
Occupation: Software Engineer
TO
THE HON’BLE PRINCIPAL JUDGE AND OTHER PUISNE JUDGES OF THIS
HON’BLE COURT
THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED
MOST RESPECTFULLY SHEWETH:
1. Details of the Marriage:
The petitioner and the respondent were married on 14th February 2008 in a
traditional Hindu ceremony at Arya Samaj Mandir, Lodhi Road, New Delhi,
in the presence of family and friends. They have one son, Rohan, born on 1st
September 2012.
2. Nature of Disputes:
The respondent has treated the petitioner with physical, mental, and
emotional cruelty, making it impossible for her to continue living with him.
3. Grounds for Divorce:
The petitioner seeks a decree of divorce under Section 13(1)(i-a) on the
grounds of cruelty. Instances include, but are not limited to:
a. Constant imposition of religious practices, dismissing the petitioner’s
beliefs.
b. Emotional neglect, lack of support in household responsibilities, and
refusal to hire domestic help despite dual demands of work and child-
rearing.
c. Dismissive and belittling remarks about the petitioner’s competence and
appearance.
d. Restriction and control over the petitioner’s attempts at financial
independence.
e. Suspicions of infidelity and aggressive confrontations.
4. Irretrievable Breakdown of the Marriage:
Since 2019, the petitioner and the respondent have lived separately within
the same household, occupying different bedrooms. The relationship has
deteriorated to a point of no reconciliation.
5. Maintenance and Alimony:
a. The respondent, earning ₹1 crore per annum, is capable of providing
interim maintenance and permanent alimony.
b. The petitioner, earning ₹12 lakhs per annum, has no significant savings or
assets and has incurred substantial expenses for the upbringing of their son,
Rohan.
6. Child Custody:
The petitioner has been the primary caregiver for Rohan and seeks
permanent custody, with reasonable visitation rights for the respondent.
7. Prayer Clause:
a. A decree of divorce under Section 13(1)(i-a) of the Hindu Marriage Act,
1955.
b. Interim maintenance of ₹2,50,000 per month for the petitioner and Rohan
under Section 24 of the Hindu Marriage Act, 1955.
c. Permanent alimony of ₹3 crores under Section 25 of the Hindu Marriage
Act, 1955.
d. Sole custody of the minor child, Rohan, with visitation rights for the
respondent.
e. An order directing the respondent to transfer ownership of the jointly
owned flat in Shalimar Heights to the petitioner’s name.
f. Return of streedhan, jewelry, and other personal belongings currently in
the respondent’s possession.
g. An additional compensation of ₹1 crore for mental agony and harassment
under Section 22 of the Protection of Women from Domestic Violence Act,
2005.
h. Costs of the litigation amounting to ₹1,00,000.
i. Any other reliefs this Hon’ble Court deems fit and proper in the interest of
justice.
VERIFICATION:
I, Priya Sharma, the petitioner above named, do hereby verify and affirm on oath
that the contents of the petition are true to my knowledge and belief.
Dated this 4th day of December 2024.
PETITIONER
(Advocate for the Petitioner: Name & Details)
