IN THE FAMILY COURT AT [PLACE] Petition No.
___ of 2025
Shoba Rani v. Dr. Madhukar Reddy
JUDGMENT
Date of Pronouncement: [Insert Date]
Judge: [Insert Name]
Facts of the Case:
The petitioner, Smt. Shoba Rani, married the respondent, Dr. Madhukar Reddy, on 19th
December 2024 according to Hindu customs and rites. The petitioner alleges that after
marriage, the respondent and his family made persistent demands for dowry. This, she
claims, subjected her to emotional and psychological distress amounting to mental cruelty.
After failed reconciliation efforts, she approached the court seeking a decree of divorce
under Section 13(1)(a) of the Hindu Marriage Act, 1955. The respondent denies the
allegations, claiming no dowry demands were made and that the petitioner is misusing the
legal process.
Issues for Consideration:
1. Whether demanding dowry constitutes cruelty under Section 13(1)(a) of the Hindu
Marriage Act?
2. Whether mental cruelty, without physical violence, is a sufficient ground for divorce?
3. Whether the conduct alleged by the petitioner may also attract the scope of Section
86 of the Bharatiya Nyaya Sanhita (BNS)?
Arguments Heard:
Counsel for the petitioner relied on the Supreme Court decisions in Shobha Rani v.
Madhukar Reddy (AIR 1988 SC 121) and Samar Ghosh v. Jaya Ghosh (2007), arguing that
dowry demands amount to mental cruelty. The petitioner submitted evidence of repeated
emotional harassment and correspondence that indicated coercion.
Counsel for the respondent contended that the allegations are unsubstantiated and based
on marital incompatibility, not cruelty. The respondent also claimed that no criminal
proceedings or complaints under anti-dowry laws or Section 86 of the BNS had been
initiated.
Findings of the Court:
1. The Court is of the view that persistent dowry demands—even in the absence of
physical abuse—amount to mental cruelty, which falls within the scope of Section
13(1)(a) of the Hindu Marriage Act.
2. Following the precedent set in Samar Ghosh v. Jaya Ghosh, this Court reiterates that
cruelty need not be physical; mental cruelty that makes marital cohabitation
intolerable is sufficient.
3. While Section 86 of the BNS pertains to criminal liability, its relevance here
strengthens the argument that dowry-related harassment constitutes cruelty in
matrimonial disputes.
Order / Decree:
In light of the above findings, this Court holds that the petitioner has been subjected to
mental cruelty by the respondent. The marriage between Smt. Shoba Rani and Dr. Madhukar
Reddy is hereby dissolved by a decree of divorce under Section 13(1)(a) of the Hindu
Marriage Act, 1955.
Let a decree of divorce be drawn accordingly.
Judge, Family Court
[Place]
**IN THE FAMILY COURT AT [City Name]**
**Civil Petition No. ____ of 2025**
**Between**
**Smt. Shoba Rani, D/o [Father’s Name],**
R/o [Full Residential Address]
...Petitioner
**And**
**Dr. Madhukar Reddy, S/o [Father’s Name],**
R/o [Full Residential Address]
...Respondent
---
**PLAINT UNDER SECTION 13(1)(a) OF THE HINDU MARRIAGE ACT, 1955 FOR DISSOLUTION
OF MARRIAGE BY A DECREE OF DIVORCE ON THE GROUND OF CRUELTY**
**The Petitioner respectfully states as follows:**
1. **Parties to the Petition:**
The petitioner, Smt. Shoba Rani, is a graduate in Biological Sciences and was lawfully married
to the respondent, Dr. Madhukar Reddy, a practicing medical doctor, on 19th December
2024 at [Location], according to Hindu rites and customs.
2. **Jurisdiction:**
The marriage was solemnized at [Place] and the parties last resided together at [Place],
which falls within the territorial jurisdiction of this Hon’ble Court.
3. **Status and Residence:**
The petitioner currently resides at [Address], and the respondent is residing at [Address].
4. **Cruelty by the Respondent:**
After the marriage, the respondent and his parents began harassing the petitioner for
dowry. The petitioner was subjected to both physical and mental cruelty. There were
repeated demands for money, gold, and other valuables. When the petitioner’s family failed
to meet the expectations, the respondent’s behavior worsened.
5. **Mental Cruelty:**
The respondent and petitioner began exchanging letters that contained hostile, demeaning,
and humiliating remarks. The petitioner was subjected to emotional trauma and was denied
affection, companionship, and basic dignity. This conduct amounts to mental cruelty as
interpreted in catena of judicial pronouncements including *V. Bhagat v. D. Bhagat* (1994)
and *Samar Ghosh v. Jaya Ghosh* (2007).
6. **Failed Attempts at Reconciliation:**
There were attempts to resolve the differences, including considering mutual consent
divorce. However, they did not materialize due to persistent hostility and psychological
abuse from the respondent.
7. **Cause of Action:**
The cause of action arose when the respondent started demanding dowry and inflicted
cruelty upon the petitioner after the marriage and continued thereafter, forcing the
petitioner to live separately.
8. **Violation of Law:**
The respondent’s dowry demands are in violation of Section 3 and 4 of the Dowry
Prohibition Act, 1961, and Section 86 of the Bharatiya Nyaya Sanhita, 2023 (if applicable),
which criminalizes the demand and harassment for dowry.
9. **No Collusion:**
The petitioner states that there is no collusion between the parties in filing this petition.
10. **Reliefs Sought:**
The petitioner prays that this Hon’ble Court may be pleased to:
a. Pass a decree of divorce under Section 13(1)(a) of the Hindu Marriage Act, 1955, thereby
dissolving the marriage between the petitioner and the respondent.
b. Pass such other relief(s) as this Hon’ble Court may deem fit in the interest of justice.
**Place:** [City]
**Date:** [DD/MM/YYYY]
**Petitioner**
(Signature)
**Through Counsel**
[Advocate’s Name]
[Enrollment No.]
[Address & Contact No.]
**sample Written Statement**
---
**IN THE FAMILY COURT AT [City Name]**
**Civil Petition No. ___ of 2025**
**Between**
**Smt. Shoba Rani** …Petitioner
**Versus**
**Dr. Madhukar Reddy** …Respondent
---
**WRITTEN STATEMENT ON BEHALF OF THE RESPONDENT UNDER SECTION 13(1)(a) OF THE
HINDU MARRIAGE ACT, 1955**
**MOST RESPECTFULLY SHOWETH:**
1. That the Respondent admits the fact of marriage solemnized between the Petitioner and
Respondent on 19th December 2024 at [Place] in accordance with Hindu rites and customs.
2. That the Respondent denies the allegations of cruelty, dowry harassment, and mental
torture as alleged by the Petitioner. The averments made in Para 4 and 5 of the Plaint are
denied as false, frivolous, and baseless.
3. That the Respondent is a responsible medical professional and has always treated the
Petitioner with dignity, love, and respect. The Respondent and his family never demanded
any dowry before or after the marriage. In fact, the Petitioner left the matrimonial home of
her own will without any provocation or justification.
4. That it is the Petitioner who constantly expressed discontent and failed to adjust to the
family environment. The Petitioner was disinterested in continuing the marital relationship
and discouraged all attempts of reconciliation made by the Respondent.
5. That the Petitioner’s allegations are concocted and intended only to secure a decree of
divorce on false premises. There is no iota of evidence of physical or mental cruelty.
6. That the letters mentioned by the Petitioner were written during an emotionally difficult
phase and do not reflect habitual cruelty or a hostile environment. The Respondent regrets
any unintended emotional distress caused but reiterates that such instances cannot amount
to cruelty under Section 13(1)(a) as interpreted by courts.
7. That the Respondent denies any violation of Section 86 of the Bharatiya Nyaya Sanhita or
provisions of the Dowry Prohibition Act, 1961. No complaint has ever been registered nor
any FIR filed under these laws.
8. That the Respondent remains open to mediation or conciliation proceedings if ordered by
this Hon’ble Court and believes the marriage can still be salvaged through sincere efforts.
9. That the Petition is filed without just cause and deserves to be dismissed with costs.
**PRAYER**
In view of the above, the Respondent most respectfully prays that this Hon’ble Court may be
pleased to:
a) Dismiss the petition for divorce filed by the Petitioner;
b) Pass such other or further orders as this Hon’ble Court may deem fit and proper in the
interest of justice.
**Place:** [City]
**Date:** [DD/MM/YYYY]
**Respondent**
(Signature)
**Through Counsel**
[Advocate Name]
[Enrollment No.]
[Address and Contact No.]
---
Would you like me to prepare a rejoinder or list of documents/exhibits as well?
Here is a **sample rejoinder** along with a **list of documents and exhibits** that the
**Petitioner (Smt. Shoba Rani)** can file in response to the **Written Statement** of the
**Respondent (Dr. Madhukar Reddy)**:
---
## **IN THE FAMILY COURT AT [City Name]**
**Civil Petition No. ___ of 2025**
**In the matter of:**
**Smt. Shoba Rani** …Petitioner
**Versus**
**Dr. Madhukar Reddy** …Respondent
---
## **REJOINDER ON BEHALF OF THE PETITIONER**
**MOST RESPECTFULLY SHOWETH:**
1. That the Petitioner reiterates the contents of her divorce petition in full and denies the
contrary averments made by the Respondent in his Written Statement.
2. That the Petitioner denies the claim that she left the matrimonial home without
justification. It was due to continued harassment, taunts, and emotional cruelty inflicted by
the Respondent and his parents over repeated dowry demands.
3. That the letters exchanged between the parties clearly evidence emotional distress and
mental agony faced by the Petitioner. These cannot be brushed aside as mere expressions of
temporary discontent, but show a pattern of cruelty over time.
4. That the Respondent’s denial of dowry demands is false. The Petitioner is prepared to
produce witnesses and documents, including her parents and relatives, who were subjected
to such demands before and after marriage.
5. That the Petitioner has made genuine attempts to preserve the marriage but was forced
to approach the Hon’ble Court due to the Respondent’s abusive and indifferent behavior.
6. That the Petitioner reaffirms her prayer for dissolution of marriage under Section 13(1)(a)
of the Hindu Marriage Act, and submits that both physical and mental cruelty must be
construed liberally by the Court in line with judicial precedents.
**PRAYER**
The Petitioner humbly prays that this Hon’ble Court may kindly:
a) Allow the petition and grant a decree of divorce on grounds of cruelty;
b) Pass such other orders as this Hon’ble Court may deem fit and just.
**Date:** [DD/MM/YYYY]
**Place:** [City]
**Petitioner**
(Signature)
**Through Counsel**
[Advocate Name]
[Enrollment No.]
[Address and Contact No.]
---
## **List of Documents (Petitioner’s Side):**
1. **Marriage Certificate**
2. **Photographs from the marriage ceremony**
3. **Letters exchanged between the parties showing mental anguish**
4. **Medical records (if any) indicating stress or depression**
5. **Complaint filed before Women’s Cell (if filed)**
6. **Affidavits of witnesses regarding dowry demand**
7. **Copy of legal notice (if any)**
## **List of Exhibits (to be marked at trial):**
- **Exhibit P1:** Marriage Certificate
- **Exhibit P2:** Letters/Emails exchanged
- **Exhibit P3:** Medical Prescription/Reports
- **Exhibit P4:** Complaint to police or women’s cell
- **Exhibit P5:** Photographs from wedding functions
- **Exhibit P6:** Affidavit of father/mother regarding dowry
---
Here's a **draft Affidavit of Evidence** for **Smt. Shoba Rani**, the Petitioner, to support
her petition for divorce on the ground of cruelty under Section 13(1)(a) of the Hindu
Marriage Act:
---
## **IN THE FAMILY COURT AT [City Name]**
**Civil Petition No. ___ of 2025**
**In the matter of:**
**Smt. Shoba Rani** …Petitioner
**Versus**
**Dr. Madhukar Reddy** …Respondent
---
## **AFFIDAVIT OF EVIDENCE**
**I, Smt. Shoba Rani**, W/o Dr. Madhukar Reddy, aged about __ years, residing at
________________, do hereby solemnly affirm and state as follows:
1. That I am the Petitioner in the present case and am well acquainted with the facts and
circumstances of the case and am competent to depose to this affidavit.
2. That I was lawfully married to the Respondent, Dr. Madhukar Reddy, on 19th December
2024 as per Hindu rites and customs at [Place], and a valid marriage certificate is on record
as **Exhibit P1**.
3. That after the marriage, I joined the Respondent at his matrimonial home and initially
tried to adjust to the new environment. However, I was subjected to repeated **mental and
emotional cruelty** by the Respondent and his family.
4. That the Respondent and his parents raised **unlawful demands for dowry**, including
cash and other valuables, which my family was neither willing nor able to fulfill.
5. That the Respondent's behavior turned increasingly **indifferent, hostile, and abusive**,
which caused me severe mental agony. He often neglected me, avoided communication, and
would insult me in front of others.
6. That I was made to feel **unwanted, humiliated, and emotionally traumatized** by both
the Respondent and his parents.
7. That several **letters and messages were exchanged** between the parties, which are on
record as **Exhibit P2**, demonstrating the bitterness and lack of emotional support.
8. That despite multiple efforts by me and my family to reconcile the differences, the
Respondent refused to mend his behavior. Ultimately, I had no choice but to leave the
matrimonial home for my mental peace and safety.
9. That due to the consistent cruelty and harassment, I am unable to live with the
Respondent any longer, and the marriage has broken down irretrievably.
10. That I respectfully pray that this Hon’ble Court may grant me a **decree of divorce** on
the ground of cruelty under Section 13(1)(a) of the Hindu Marriage Act.
**DEPONENT**
(Signature)
**Smt. Shoba Rani**
---
### **VERIFICATION**
Verified at __________ on this ___ day of _______ 2025 that the contents of the above
affidavit are true and correct to my knowledge and belief and nothing material has been
concealed therefrom.
**DEPONENT**
(Signature)
---
Would you like me to now draft:
- **Cross-examination questions for Respondent**,
- **Arguments (oral/written submissions)**, or
- **Final order/judgment format**?
Here's a **draft set of cross-examination questions** that the **Petitioner’s advocate (for
Smt. Shoba Rani)** might ask **Dr. Madhukar Reddy (Respondent)** during court
proceedings. These questions aim to highlight cruelty (including mental cruelty and dowry
demands) under Section 13(1)(a) of the Hindu Marriage Act:
---
## **Cross-Examination Questions for Respondent (Dr. Madhukar Reddy)**
### **Section A: Dowry and Financial Demands**
1. Is it not true that prior to your marriage, your family had discussions with the petitioner’s
parents about gifts or monetary arrangements?
2. Did you or your parents request any dowry either directly or indirectly?
3. Were any items such as gold, car, cash, or household appliances gifted to you at the time
of marriage?
4. Can you deny that such items were given at your or your family’s insistence?
5. Are you aware that demanding dowry is a criminal offence under Indian law?
### **Section B: Post-Marital Conduct and Mental Cruelty**
6. Is it true that within the first few weeks of marriage, you often returned home late or
avoided interacting with the petitioner?
7. Did you ever call or text the petitioner during working hours just to insult or humiliate
her?
8. Were there any complaints made against the petitioner in front of neighbors or extended
family without genuine cause?
9. Is it not true that you often compared the petitioner with other women in a derogatory
manner?
10. Have you ever acknowledged in any message or letter that your marriage was failing due
to mutual incompatibility?
### **Section C: Attempt for Reconciliation**
11. Have you ever participated in any formal counseling session or made attempts to
reconcile with the petitioner?
12. Did your parents ever reach out to the petitioner after she left the matrimonial home?
13. Do you agree that after a certain point, you both stopped communicating and grew
emotionally distant?
### **Section D: Separation and Breakdown**
14. Is it not true that the petitioner left your house due to extreme emotional stress and
mental trauma?
15. Has there been any cohabitation or physical relationship between you and the petitioner
after her departure?
16. Can you deny that the marriage has broken down beyond repair and has become a
source of mental distress for both?
---
These questions are designed to **elicit admissions, contradictions, or demonstrate patterns
of cruelty**, supporting the petitioner’s case for divorce.
Would you now like:
- Draft **oral or written final arguments** for the petitioner, or
- A sample **judgment** in favor of the petitioner?
Here is a **sample written final argument** for the **Petitioner (Smt. Shoba Rani)** in the
divorce case under Section 13(1)(a) of the Hindu Marriage Act:
---
## **Final Written Arguments on Behalf of the Petitioner**
**IN THE FAMILY COURT AT [City]**
**Smt. Shoba Rani (Petitioner)**
**Vs.**
**Dr. Madhukar Reddy (Respondent)**
**Subject: Final Arguments under Section 13(1)(a) of the Hindu Marriage Act, 1955**
**May it please the Hon’ble Court,**
The petitioner respectfully submits the following final arguments in support of her prayer for
a decree of divorce:
### **1. Marriage and Breakdown**
It is admitted by both parties that the marriage between the Petitioner and Respondent was
solemnized on **19th December 2024**, as per Hindu rites and customs. However, the
marriage has irretrievably broken down and the petitioner has been subjected to
**cruelty**, both **mental and emotional**, from the respondent and his family.
### **2. Cruelty – Legal Framework and Case Law**
Under **Section 13(1)(a)** of the **Hindu Marriage Act**, "cruelty" has been interpreted
by Hon’ble Courts to include not only **physical violence** but also **mental cruelty**,
such as sustained harassment, insults, humiliation, and indifference which may cause deep
psychological suffering.
Relevant judgments include:
- **V. Bhagat v. D. Bhagat (1994) 1 SCC 337**: Mental cruelty need not be physical acts
alone but includes emotional strain.
- **A. Jayachandra v. Aneel Kaur (2005) 2 SCC 22**: Courts must adopt a broad
interpretation of cruelty in matrimonial contexts.
- **Samar Ghosh v. Jaya Ghosh (2007) 4 SCC 511**: Exhaustively laid out what constitutes
mental cruelty including indifference, neglect, and sustained verbal abuse.
### **3. Dowry Harassment and Mental Trauma**
It is established through pleadings, petitioner’s deposition, and cross-examination of the
respondent that:
- Dowry in the form of **cash, gold, and appliances** was demanded and accepted.
- The petitioner was repeatedly taunted for bringing "insufficient dowry."
- She was emotionally humiliated, isolated, and driven to distress.
- The respondent and his parents failed to treat her with respect or dignity expected within a
matrimonial household.
Dowry demands have been consistently held to constitute **mental cruelty** and a valid
ground for divorce (see **K. Srinivas Rao v. D.A. Deepa, AIR 2013 SC 2176**).
### **4. No Reconciliation Possible**
The respondent failed to make sincere efforts toward reconciliation. Despite intervention
attempts, the petitioner was forced to live separately. The marriage is devoid of mutual
trust, companionship, or love — core ingredients for a sustainable relationship.
### **5. Prayer**
In light of the above, the petitioner humbly prays that this Hon’ble Court may be pleased to:
- Grant a **decree of divorce** under Section 13(1)(a) of the Hindu Marriage Act;
- Pass any other order(s) deemed just and proper in the interest of justice.
**Filed By:**
Counsel for the Petitioner
[Advocate's Name & Enrollment Number]
[Place, Date]
---
Would you like a **sample judgment** now, or a **final argument for the respondent** for
comparison?
