IN THE HON’BLE FAMILY COURT PUNE AT PUNE

P.A. NO. 2123/2023

Mr. Pritam Abhaykumar Shah …. Petitioner

Vs

Mrs. Archana Pritam Shah …. Respondent

Evidence Affidavit

I, Mr. Pritam Abhaykumar Shah, Age- 48, Occupation: Service, Residing at

do hereby affirm and state that this is my name and the following contentions hereby
made below are true and correct to the best of my knowledge:

1. I state that the My marriage was solemnized with the Respondent i.e. Mrs.
Archana Pritam Shah on 30/11/2002 at Solapur.

2. I state that the copy of the Aadhar Card of Petitioner & Respondent, Light bill of
Petitioner, marriage photograph & marriage invitation card is marked and annexed
hereto as "ANNEXURE-A COLLY".

3. I state that the and submits that all the expenses of the said marriage were borne
by both the parties equally.

4. I state that the and submits that the Myself and the Respondent have an arranged
marriage according to the Hindu Vedic Rights and ceremonies.

5. I state that the prior to my marriage the Respondent was known by her maiden
name ie. (Nee) Archana while there is no change resulted in the name of the
Respondent.

6. I state that the and submits that right after marriage the Respondent started
quarrelling on me since she did not like to stay with my parents arid hence I went on
to reside with her separately away from my parents for the happiness and satisfaction
of the Respondent.

7. I state that the, I and the Respondent had cohabited while residing together for a
period of fourteen years and out of the said marriage we have a daughter named Ms.
Soumya who was in the year 2011 and is 13 years old. That also, during this period
the Respondent used to regularly go and reside with her parents leaving behind me
deprived.

8. Further I state and submits that the I chose the Respondent and stood by
Respondent in all thick and thin phase of life. Many such other incidents that made
the I feel Respondent's complete absence in our marital relationship. It is further
stated that the I whole-heartedly looked after the Respondent while she was
pregnant. It is further submitted that the Respondent is a person with varying
temperament. That on one occasion she would be the sweetest person one would
know and on the other she was a person of extreme bad temper.

9. I state and submits that the, on 12/04/2011 after the birth of our daughter I was in
hope that the behaviour of the Respondent would change and we would finally lead
a happy life after all these ups and downs but due to the hardheadedness of the
Respondent as well as the interference of her sister namely Mrs. Sushma Shailesh
Shah it all went in vain, I never complained about the said sister of the Respondent
but to no fruit still I had been searching for a ray of hope.

10. I state and submits that in order to keep the Respondent happy I had purchased
a 2BHK flat under joint name of both me and Respondent amounting to Rs.
34,00,000/- and a shop in joint name which was worth Rs. 11,00,000/- on the
constant demands of the Respondent for her happiness and I had been paying EMI
for the same, but still the Respondent kept abusing and harassing me without any
reasonable cause. Thereafter, on May, 2017 the Respondent along with their
daughter Soumya has left the matrimonial house and my company and went to her
maternal house at Solapur wherein she filed a false and frivolous complaint before
the Women Commission, when I went to Solapur at the Women Commission, I was
being mentally harassed and pressurized by the family of the Respondent for
wrongful and ulterior gains.

11. I state and submits that the Respondent and her sister had hatched a conspiracy
and thereby they had been defaming the Petitioner by making false and baseless
allegations against me. Whereas both of them also used to call me "Idiot" and used
to crack lame jokes on me. The Respondent also used to tell the I do not look
handsome like my friends. This inappropriate behaviour has caused immense mental
torture and agony to me. The Respondent also used to go to the extent of threatening
that she will file bogus criminal complaints against me under the provisions of sexual
harassment as well.
12. I state and submits that the only after a number of requests and pleadings made
by me the Respondent at last returned to stay with me.
13. I state and submits that the while the Respondent was diagnosed with appendix
My father and brother had themselves operated her under their own supervision as
they are in medical profession. The Respondent was given best treatment and she
was taken best care before and after her treatment but despite this all kindness the
Respondent had filed a vexatious complaint against me under the provisions of S.
498A and falsely accused me thereunder of kicking in her abdomen whereon the
problem of appendix had emerged, but all these contentions of the Respondent were
false and misleading since appendix cannot be caused by kicking or hitting in the
abdomen but it is a gradual process as an outcome of health issues.

14. I state and submits that the my parents and I had also been to the house of the
Respondent to try to bring her back to reside with me but they were absolutely
stunned to see the behaviour of the Respondent as she insulted us and warned us not
to step foot in her house ever again otherwise she would assault them and gave
references of political leaders and goons with whom she was having connections.
She had also threatened me and my parents that she would also go to the extent of
filing false complaints against them. Thereafter the I realized that there was no hope
left with me which would bring the Respondent back in my life and returned
disappointed.

15. I state and submits that the, despite numerous requests and unimaginable number
of phone calls which I had made to the Respondent for her to come back to her
matrimonial house, the Respondent had turned an absolute deaf ear to my begging
and pleadings, and thereby she has kept me deprived of his most beloved daughter.

16. I state and submits that the in, June, 2017 the sister of Respondent had come to
reside with the Me and Respondent in our house and she resided with them for a
period of 2 years & 27th February, 2019 without any just and reasonable cause the
Respondent and her sister had insulted, assaulted and threatened me and thereby they
had driven me out of my own house by stating that the Respondent was the owner
of the same. That this has caused immense suffering in loneliness for no fault, I was
tried convincing her to not remove me out of my house and also tried tooth and nail
to meet the never-ending demands and desires of the Respondent but it resulted into
absolute failure. That out of the same I was also constrained to file various NC
against the Respondent. "ANNEXURE-B COLLY".

17. I state and submits that the, Respondent had filed various Petitions and
complaints against me under DV Act, for Maintenance, u/s. 498A, before the
Women's commission, Solapur and Mahila Bal Vikas Kendra, Pune as well, just to
harass and torture me.
18. I state and submits that the ,I had thereafter filed an Application for restitution of
marriage in the Hon'ble Family Court, Pune on 29/10/2021, which was later
withdrawn vide order dated 12/11/2022, "ANNEXURE-C", since the matter
between the Me and the Respondent was settled before the Lok Adalat on 12/11/2022
and the Respondent had also withdrawn the DV Application, "ANNEXURE-D",
because the Respondent had only stated that they have started residing together but
on the very same day when I happily returned to my house in hopes to have a happy
married life, I was stunned to hear from the Respondent who told me that, she has
withdrawn the matters and stated in the respective Courts that they will reside
together just for the sake of avoiding the Court dates as she was fed up of the same.
The Respondent had threatened that she had filed the said false cases just to teach
me a lesson. The Respondent also stated that she will not let me reside with her in
the same house because she will not keep physical relations with me since she is not
interested in keeping relations with me. Thereafter, the Respondent added to her
statement that I shall not reside with her in the house which is on their joint name
but I shall only work as an employee in their shop, and that I should only earn money
for the Respondent and shall keep no expectations. The devastated I had no option
but to do as per the Say of the Respondent.

19. I state and submits that the, on 03/08/2023, the Ld. concerned Court had
pronounced the decision my favor in RCC No. 2368 2021 for the offences
punishable u/s. 498A, and thereafter acquitted me all the charges "ANNEXURE-E".
That after a passage of 3-4 days the Respondent had bluntly told me that in case I
tries to stay with the Respondent in the My own house situated at Miami Society, the
Respondent will again file cases against me with no justified reason and make me
suffer. I states that the Respondent had thereon completely denied me to even enter
the shop of the myself even as an employee and if I even steps foot in the shop I will
have to face dire consequences.

20. I state and submits that the thereafter, the Respondent started behaving weird and
used to not even talk to me for huge intervals except for demanding money. I one
day, during my work span at the shop along with the Respondent, I found a bunch
of papers kept on the table and after reading the same I realized that Respondent
started maintaining that bunch of papers in which she continuously keeps writing
that, she has won the divorce case against me and that she has been awarded
maintenance of Rs. 25,000/- per month, this shows that the Respondent herself is
seeking divorce and which is why she keeps affirming it to herself in her personal
records repeatedly. Moreover, I shocked to the core to realize that the Respondent is
looking forward to take away the shop and house belonging to me and also seeking
maintenance against me knowing that I am not in any condition to pay the same. I
states that I had taken xerox copy of one of those pages, which is marked and
annexed hereto as "ANNEXURE -F".

21. I state and submits that the just for the happiness of the Respondent the Petitioner
had even visited the house where the Respondent was staying for the birthday party
of his daughter. I states that I had not stayed at the house at any time during the said
separation for even a day, I had just visited for few hours that too for the birthday
party that too just for the happiness of the daughter of the Respondent.

22. I state and submits that, this abnormal act of the Respondent has caused immense
stress and trauma to me and even after spending huge amounts of money in filing
petitions in Court for restitution of conjugal rights and after rigorous follow ups
when the matter was settled in Lok Adalat, she has yet again started troubling to me
in new ways.

23. I state and submits that the, Respondent has caused immense mental stress,
trauma and harassment by inflicting such cruelty to me since she is not even allowing
me to touch herself or have physical relation with her.

24. I state and submits that the, no one from the Respondent's family has tried to
even explain her that she is duty bound to maintain physical relations with her
husband otherwise it would amount to cruelty, instead all her family had supported
her decision and had tried to explain to me that is she has chosen renunciation it is
her choice and they cannot do anything.

25. I state and submits that the, since the Respondent is not fulfilling any duty as a
wife the marriage of me and Respondent has absolutely become a burden to the
myself since the Respondent only wants to maintain her and herself does not want
to take care of her duties as a wife. This has caused utter cruelty to me.

26. I state and submits that the, Respondent has persistently and repeatedly treated
me with such cruel behaviour that the level of mental agony was unimaginable and
it grew with the passage of time tearing to me and my family members.

27. I state and submits that the, Respondent did not know how to conduct herself as
a wife and despite persuasion, het behavioural pattern remained unchanged; that
whim and irrationality reigned in her day-to-day behaviour that the positive initiative
taken by me had no impact on her.

28. I state and submits that the, since 19th February 2019, the Respondent had
refused to have any kind of sexual relations with me. I continued to remain patient
as I thought that the Respondent desired some space and time for herself. Therefore,
there had been no sexual relation between me and the Respondent since 19th
February, 2019 and that they had been staying in separate houses till the filing of this
present Petition, and there has been no physical relation between the me and
Respondent since then at all.
29. I state and submits that the, I being a physically capable individual is having
physical intercourse as a basic necessity and the Respondent has without any
justified reason denied me for the same and has thereby caused immense stress and
agony to him. This inhumane act of the Respondent has amounted to cruelty against
me, and therefore me after trying all amicable ways of settlement which resulted in
vain, is at last seeking divorce through this petition.

30. I state and submits that the, considering the entire incidences the I realized that
Respondent never accepted me and may flout the sacrosanct tins of the marriage and
is not at all interested to continue the matrimonial relationship.

31. I state and submits that the, during her stay with me the behaviour of the
Respondent with the relatives and guests endangered the social reputation of me and
Respondent was disrespectful towards the me and guests. I used to bear all the
hardships just to avoid divorce.

32. I state and submits that the, there has been a long period of continuous separation,
mental torture, trauma which can conclude that the matrimonial bond is beyond
repair.

33. I state and submits that, The Respondent has withdrawn from his company
without any reasonable or lawful excuse. Hence, the necessity for the petition arose.

34. I state and submits that, Me and the Respondent have lastly resided together at
Miami Society, C-2/703, Behind Lokmat Press, Lagadmala, Vadgaon, Dhayri, Pune.,
and hence, this Hon'ble court has the jurisdiction to entertain and try the present
matter.

35. I state and submits that the cause of action of this petition first arose on 27th
February 2019, when the Respondent forcefully drove me out of the house and
thereafter it arose again when the Respondent voluntarily refused to have any sexual
relations with me. Therefore, this petition filed within limitation.

36. I state and submits that the, I also declares and confirms that this petition
presented by him is not collusive.

37. I state and submits that the, this petition being chargeable with a fixed rate of
court fee, the same is paid herewith.
38. I state and submits that the no other similar litigation is pending in any court.
39. I state and submits that the, be allowed to amend the petition till the final disposal
of the present suit.

40. I therefore request to court that:

a. The marriage between the Me and the Respondent solemnized on 30th

November, 2002, may kindly be dissolved u/s 13 (1) (ia) of Hindu Marriage
Act, 1955.
b. The awarded me heavy cost of compensation from the Respondent.
c. The Respondent be directed to return all the my items including the Flat and
Shop registered in joint name since it is me who has been paying the EMI of
Flat and had paid onetime payment of the Shop.
d. Any other order in the interest of justice be kindly passed.

Place: Pune
Date: 8/11/2024
Affiant

Advocate on behalf