IN THE COURT OF HON’BLE PRINCIPAL JUDGE, FAMILY COURT

SOUTH WEST DISTRICT, DWARKA COURTS

H.M.A. CASE NO. ………..........OF 2023

IN THE MATTER OF:

Sh. Mahesh Kumar Yadav …Petitioner

Vs
Smt. Amita Yadav …Respondent

MEMO OF PARTIES

Sh. Mahesh Kumar Yadav

S/o Sh. Ram Ketar Yadav
R/o B-294, Delhi Admin Flats, Timarpur,
Civil Lines, North Delhi, Delhi- 110054 …PETITIONER

Vs

Smt. Amita Yadav

W/o Sh. Mahesh Kumar Yadav
R/o G-7/ G-8, Flat No. 402, Shyam Park,
Nawada, D. K. Mohan Garden, West Delhi,
Delhi- 110059 …RESPONDENT

(PETITIONER)

THROUGH

New Delhi
Date: .04.2023
Prateek & Luv Manan
Counsel for Defendant no.1
CH. No. 242-243 Patiala House Courts, New Delhi
Email: prateeklegal7@gmail.com
Tel. No. 9871680565
 IN THE COURT OF HON’BLE PRINCIPAL JUDGE, FAMILY COURT
SOUTH WEST DISTRICT, DWARKA COURTS

H.M.A. CASE NO. ………..........OF 2023

IN THE MATTER OF:

Sh. Mahesh Kumar Yadav

S/o Sh. Ram Ketar Yadav
R/o B-294, Delhi Admin Flats, Timarpur,
Civil Lines, North Delhi, Delhi- 110054 …PETITIONER

Vs

Smt. Amita Yadav

W/o Sh. Mahesh Kumar Yadav
R/o G-7/ G-8, Flat No. 402, Shyam Park,
Nawada, D. K. Mohan Garden, West Delhi,
Delhi- 110059 …RESPONDENT

P.S. Dwarka
DISTT. SOUTH WEST

PETITION UNDER SECTION 13(1) (i-a) OF THE HINDU MARRIAGE ACT,

1955, SEEKING DISSOLUTION OF MARRIAGE BY A DECREE OF

DIVORCE ON THE GROUND OF THE CRUELTY PERPERATED BY THE

RESPONDENT HEREIN

Most Respectfully Showeth:

1. That the petitioner and respondent were married on 09.11.2008 at B-1527,

Shree Maharaja Agarsen Dharmath, Sewa Sansthan, Shastri Nagar, New Delhi-

110052 according to Hindu rites, customs, and ceremonies. The marriage of the

parties was a simple affair, as the father of the Respondent was undergoing
 financial crisis the petitioner helped the parents of the respondent in all the

expenses incurred during marriage and never raised any demand from them.

2. The status, age and address of the petitioner as well as the respondent before

the marriage and at the time of filing the present petitioner were/ are as under:-

AT THE TIME OF MARRIAGE

STATUS AGE PLACE OF RESIDENCE

HUSBAND Hindu Bachelor 27 yrs B-294, Delhi Admin

Flats, Timarpur, Civil
Lines, North Delhi,
Delhi- 110054

WIFE Hindu Spinster 21 yrs Uttam Nagar, Delhi

AT THE TIME OF FILING OF THE PETITION

STATUS AGE PLACE OF RESIDENCE

HUSBAND Hindu 41 yrs B-294, Delhi Admin Flats,

Married Timarpur, Civil Lines, North
Delhi, Delhi- 110054

WIFE Hindu Married 35 yrs G-7/ G-8, Flat No. 402,

Shyam Park,
Nawada, D. K. Mohan
Garden, West Delhi,
Delhi- 110059

3. That the petitioner always took good care of the respondent and fulfilled all her

wishes and demands to maintain a happy married life. That the parties to the
 petition were Hindu by religion at the time of marriage and they continued to be

so at the time of filing the present petition.

4. That after the marriage, the parties resided together as husband & wife and

cohabited with each other at different places. Out of the said wedlock, two

children were born namely Ms. Naisha Yadav aged about 11 years and Master

Aayansh Yadav aged about 4 years were born on 16.02.2012 and 04.10.2019

respectively. Both the children are in the custody of Respondent.

5. That the petitioner and his mother & father devoted all their time and effort for

taking care of the children and providing them best of education and lifestyle.

However, the Respondent had utterly twice left the children behind and went

back to her parental home.

6. That the marriage between the Petitioner and Respondent was a simple and

dowryless marriage. Whatever the clothes, articles etc. the Respondent brought

into the marriage were voluntarily and as per custom. The parties started their

matrimonial life very happily at their matrimonial home i.e. B-294 Delhi

Administrative Flats, Timarpur, Delhi -110052 which is a government

residential accommodation and the same has been allotted to the father of

Petitioner. However, the married life of the petitioner was always very

unfortunate but took a turn for the worse only after few days of marriage.

7. That within a period of 1 month of marriage the behaviour of the Respondent

towards the Petitioner was non-cooperative, indifferent, and hostile. The

Respondent kept on fighting with the family members for one or the other
 reasons and started demanding for a sperate home in different city. The

Respondent used to abuse the Petitioner in filthy language very often as the

Petitioner was staying with his parents and Respondent wanted a separate home

in different city. If any of the relatives or family members or friends of the

Petitioner would call the Petitioner on phone, she would misbehave and keep

on shouting from the back, only to show that Petitioner is not keeping her

happy. However, many a times upon arrival of some guests of Petitioner at

home, the Respondent keep on stating abusive and coarse language about the

family members and relatives of Petitioner. She would say that she cannot

tolerate them and the Petitioner should tell them not to visit their place. Due to

this, the Respondent suffered mental torture and agony.

8. That the petitioner was taking care of his mother and father on which the

Respondent even rejected the Petitioner mother and father to provide basic

needs since Respondent is a high headed woman, she didn’t bother about

Petitioner family and only wanted her share in the property and a sperate place

to stay. She made the life of the petitioner miserable by depriving him of every

little thing and basic needs. She didn’t let him enter the room. That the

Respondent has always been a high headed and insensitive person and who

never bothered for the Petitioner even in the toughest of times. Even

during the tough times when the Petitioner use to take care of his mother

and father and Respondent instead of extending her support, started

questioning the morality of the Petitioner and started demoralizing him for

the same.
9. That in December 2008 the friction created by the Respondent in the relation

increased so much that the help of other family members had to be taken and

therefore, the Petitioner had taken up another job within 1 month of marriage

and shifted to Sangur Punjab on rent.

10. That the Respondent and her family from the very instance of the marriage had

her eye on the money and property of the Petitioner and thus she started to

conspire against the petitioner. During conversations between husband and

wife about family and friends, about work and home she used to record pieces

of conversation. The petitioner being a simple and pious man had no idea

what was happening around him and thus the respondent using benefit of

the Petitioner to her advantage used to tape all the conversation to later

use invoke the relatives and friends of the petitioner against him, so as to

render him to family less. The family and friends after listening to the

taped conversations at many instances got aggressive and some of the

relatives actually severed their relations with the Petitioner. The petitioner

came to know about the said conspiracy of the respondent when the

Respondent tried to manipulate the mind of the brother of the petitioner who

did not believe the Respondent and cross checked with the Petitioner about the

said conversations. When the Petitioner countered the Respondent, she abused

the Petitioner that she will make his life more hell if he did not handover a
 property in her name and gave her all his money and also threatened him

that she will acquire all his money and assets by hook or by crook.

11. That the Respondent being a very aggressive lady, always searched for reasons

to indulge into arguments with the petitioner and stay away from her moral and

matrimonial obligations. The Respondent infact, to stay away from the home

and went out to meet her friends and neighbours and didn’t do any household

work in her matrimonial home. Thereafter, Petitioner mother used to do all

household chores herself without any help even at an old age. The Respondent

never used to help Petitioner mother and infact used to abuse her for not

maintaining the house well in front of his friends, neighbours, and relatives.

12. That on September 2010 Petitioner after getting to know about the atrocities on

his parents took the Respondent Sangur Punjab alongwith him. The Petitioner

only for the sake of his matrimonial life and implicit love towards Respondent

has shifted to Punjab. However, the Respondent being a very aggressive lady,

always searched for reasons to indulge into arguments with the petitioner and

stay away from her moral and matrimonial obligations, but petitioner used to

make her understand and for the sake of their matrimonial life Petitioner

always used to pacify the Respondent and even fulfilled all her demands by

giving her all then fanciful gifts and products.

13. That on 16.02.2012 a girl child namely Ms. Naisha Yadav was born out of the

wedlock. The Petitioner and his family members were happy after the birth of

girl child and praise the same. The Petitioner on this auspicious occasion

planned to celebrate the moment and wanted to throw a party with entire family

and friends. However, the Respondent straight away told the Petitioner that his

family member i.e. his mother, father and brother shall not be invited, if he

does so, then she will commit suicide and implicate all of his family members.

On 27.03.2012 the Petitioner requested the Respondent to let his family and

friends also join the occasion, but Respondent refused to entertain the

Petitioner. That the Petitioner father and mother being grand-parents of child

wanted to give their blessings but Respondent did not let them see the child

face. Respondent even stated that if his parents came near to the child, she will

commit suicide.

14. The Petitioner after facing the atrocities of Respondent took her back alongwith

the child to Sangur Punjab in May, 2012. That after reaching Punjab Petitioner

told the Respondent to stop going out with friends and neighbours take care of

the child as the child requires special care and attention of the mother, she got

agitated and started shouting at the petitioner at the top of her voice. Hearing

the commotion, the neighbours of the Petitioner came to their house and tried

to pacify the situation. However, seeing the neighbours entering the premises,

the Respondent got even more agitated and she went to the extent of hurling

abuses at the Petitioner to such an extent that the Petitioner had to request his
 friends and neighbours to leave the house in order to themselves from further

abuses at the hands of the Respondent, thereby causing immeasurable

humiliation and embarrassment to the Petitioner at the hands of the

Respondent.

15. That looking at the miserable condition of his girl child, the petitioner

employed one servant, exclusively for the child and for taking care of the

house. But employing the maids turned out to be a very bad idea for the

Petitioner as the Respondent manipulated the maids to her comfort and didn’t

let them do anything for the child and neither for the house. That the

Respondent also influenced the maids by giving them lots of food to eat,

making them sleep on the bed and giving them expensive gifts like cosmetics

and fancy clothes. She used to tell them not to serve food to the petitioner or

take care of the child to torture the Petitioner. She used to make fun of the

petitioner alongwith the maids. She only sought their help as per her whims and

fancies. The petitioner on several occasions had to stay hungry all day as no

one gave him food to eat or because the food that the Petitioner was served

was filled with chilli powder making it inedible. The Respondent used to

throw away the medicines of the petitioner like his eye drops which in turn

used to increase his eye problems thus leading to physical and mental torture to

the petitioner.
16. That the respondent not only neglected the petitioner but also paid no attention

to the child who required special care all the time. The respondent was only

interested in money and wanted a property. Facing so much atrocities the

Petitioner on 04.10.2013 purchased a house in Sangur, Punjab as she always

wanted a self-owned house. But Petitioner being beware of her evil plans had

purchased the said house in his name. As and when Respondent got to know

that the Petitioner purchased the house in his name, she started to pressurize the

petitioner to transfer the title of the property in her name or sell the same and

give her 50% of the share. She made the life of the petitioner more and more

miserable with each passing day by subjecting him to aggravated cruelties

and also by implicating him in false criminal cases.

17. That the Petitioner has been constantly subjected to cruelty at the hands of the

Respondent and her family, and the same did not stop even when the Petitioner

became ill. The mother and sister of Respondent namely Ms. Anjali Yadav

always interfered in the personal matters of the Petitioner and Respondent and

on instigation from Respondent used to come to the house of the Petitioner and

abuse and humiliate him in front of his friends and neighbours.

18. It is pertinent to mention herein that even after all this the Petitioner was all in

love with the Respondent and could not foresee the Respondent’s evil plan to

harass and subject the Petitioner with cruelty. That the Respondent kept on

picking up quarrels on one reason or another and always ensured that the
 environment of the house is always negative and the husband troubled. The

cruelties and miseries of the Petitioner did not end here as the Respondent

used to purposely ignore the girl child just to mentally torture the

Petitioner so that he can bow down to her illegitimate demands.

19. The Respondent in order to mentally harass the petitioner and taking advantage

of job, used to put all the lights and electrical appliances on in the house and

waste electricity so that the petitioner is troubled by paying the hefty electricity

bills. Not only this, the Respondent used to lock the room from inside with the

child for hours together, depriving the petitioner not only his rights to play with

the child or spend time with his family but also to agonize the Petitioner

mentally. The only source of entertainment and relaxation left in the

Petitioner’s life was the Television which he could hear and spend some leisure

time but since there is only one TV in the house which is in the room of the

Respondent, the Respondent used to lock the room from inside thereby taking

away the only mode of relaxation of the Petitioner.

20. That the Respondent in lieu of her pre-planned conspiracy, pressurized the

Petitioner to transfer the property in her name. The Petitioner only for the sake

of his matrimonial life and for his child has shifted to Sangur (Punjab) and

started a new job over there. The Petitioner being nominal employee in a small

private company even purchased a new house in Sangur (Punjab) only to fulfil

the demands of Respondent. The same was purchased by the Petitioner, just to
 show that Petitioner is caring husband and can take care of his family. But to

constant interferences of Respondent mother and sister in the matrimonial life

of the parties, Petitioner life was completely miserable and has been constantly

facing mental torture at the hands of Respondent.

21. That the behavior of the respondent was turning cold and now she started

openly abusing the petitioner inside and outside the house. She in order to

harass the petitioner used to scream and shout and make false police calls to

show that she has been abused and tortured. The respondent has left no stone

unturned to make the life of the Petitioner a living hell and leaves no

opportunity to trouble and harass him. That the respondent has always treated

the Petitioner with utmost disrespect and treated the petitioner like a slave.

22. On one occasion in the month of October, 2013 the Respondent deliberately

called her mother and sister to Sangur (Punjab) only to pressurize the Petitioner

to transfer the property title in the name of Respondent. As Petitioner was

understanding the collusive and malafide intention of Respondent and her

family members to take over the property, the Petitioner refused to do so and

stated that he shall not be transferring any property in Respondent name.

Looking at the firm decision of Petitioner for not transferring the property title

in her name, Respondent has threatened to get the petitioner and his family

arrested in false cases. Hence, under the manipulation of her mother and sister

who were present alongwith the Respondent on 07.10.2013 filed a false and
 bogus complaint against the Petitioner for beating at PS Sangrur (Punjab).

However, the Police Authorities founds no admissible evidence against

Petitioner and directed the Respondent to resolve the family issue. On account

of which the Respondent had withdrawn the alleged complaint and agreed for

settlement with the Petitioner.

23. The miseries of the petitioner didn’t end here, on account humiliation in and

around neighbours, his friends & colleagues, the Petitioner was completely

devastated and lost his self-confidence. Further, the Petitioner parents were

living in Delhi and his mother was not keeping well due to old age they were

seeking his constant support to take care of them. Considering the said fact, the

Petitioner in April – May 2015 shifted back to Delhi at his parental home. But,

the torture of the Respondent was constant against Petitioner and his family

members.

24. That despite such hard times, the Respondent neither took care of the family or

Petitioner nor bothered to take any care of the Petitioner and their child by any

means. In order to mentally torture the petitioner, she used to close the child in

the room for the whole day and taunt the petitioner and his parents saying “now

I will see how you will help her and how you will take her out”. She used to

deliberately create such circumstances that put the petitioner under torture and

made him feel helpless. Many a times the Respondent used to deliberately

leave the child in the room and used to lock her room for the entire day
 just to torture to the Petitioner and to make him feel helpless. The

Respondent after shifting to Delhi has been constantly demanding for a

separate accommodation and a new residence in Delhi at her name near her

mother residence. The Respondent even threatened the Petitioner and his

family members, that if they will not agree with the terms of Respondent, she

will implicit them under false cases and can even send them to Jail.

25. The Petitioner for the sake of his matrimonial life, child, and his parents, on

December 2015 had shifted to Ashok Vihar, Delhi on rent. On account of

constant mental torture and atrocities at the hand of Respondent, the Petitioner

was unable to focus on his job and has been only considering solutions to settle

down the Respondent. Due to which the Petitioner in the 2016 lost his Job on

account of poor performance. That despite such hard times, the Respondent

neither cut down her expenses nor bothered to take any care of the Petitioner

and their child by any means.

26. That the Respondent has never fulfilled her matrimonial obligation either as a

wife or as a mother and any requests on the part of the petitioner or any other

person to do so have only resulted in quarrels and the use of abusive language

by the respondent. The Respondent has threatened many a times to get the

petitioner and his family arrested in false cases. The respondent is in the habit

of constantly talking on the phone. Whenever the Petitioner tried to request the

Respondent to curtail her phone bill, or to ask her with whom she has been
 talking, the same has resulted in the Respondent getting agitated and abusing

and manhandling the Petitioner. Due to no job and no income in hand, the

Petitioner was unable to pay the rental amount for the new accommodation and

due to which Petitioner alongwith Respondent shifted back to Timarpur with

his parents as he lost his job only on account of Respondent atrocities and

constant mental torture.

27. That the respondent continued to misbehave with the petitioner and his family

due to constant support and instigation by her mother and sister, who also have

humiliated the petitioner and his family members several times at his residence

by calling him “Bekhari and Berozgar”. They used to force the petitioner to

transfer the property Sangur (Punjab) property in the name of the Respondent.

They blackmailed him by saying that if he didn’t do it they shall take the child

away from him and threatened him also for causing miseries.

28. That the respondent is very ill-mannered and short tempered. In fits of rage, the

Respondent has gone to the extent of throwing mobile phones, electrical

appliances, bangles etc. That due to constant atrocities of Respondent, the

Petitioner was unable to find a good and suitable job to sustain his own and his

family livelihood.

29. That again in May 2016, the Respondent picked up quarrel with the Petitioner

unnecessarily and starting screaming at him so loudly that the Petitioner could
 not bear it anymore and started to walk away, seeing this the Respondent got so

agitated that she assaulted the Petitioner and hit him badly as a result of which

the Petitioner sustained injuries on his left shoulder. The only reason for the

said quarrel was that the Petitioner is not working and he is not selling off his

property in Sangur (Punjab). The Respondent sole intention was to garb the

money out of the sale proceeds. Due to constant mental torture and trauma

being faced by the Petitioner, in May 2016 the Petitioner took the Respondent

to Delhi Govt. Mediation Centre and amicable solution of the matrimonial

disputes. On advice of mediation counsellor both the parties remained

separated for a period of time. But, Petitioner made constant effort to get the

his matrimonial relationship back to normal as he really love and care his

family and child. The Petitioner agreed to the terms of Respondent and

accepted that within a span of 1 year he shall be purchasing a new property in

her name. Only after considering the proposal of the Petitioner, Respondent

reunited and resided with the Petitioner.

30. In the month of June, 2016 with his constant hardwork and dedication had

found one suitable Job in GMR and joined the same. However, the said Job

was a transferable Job and Petitioner accepted the same only to sustain his

livelihood, as from past 6 months the Petitioner was completely jobless and

was unable to generate any income for the family. However, the Respondent

from very first day of his Job started demanding a new house in her name.
31. That the Respondent did not stop at this, the Respondent used to call the

Petitioner “Tharki” whenever the Petitioner is on his official call with his

bosses and seniors. Respondent even tried to contacted his boss and stated that

he is pervert person and is not a good human being. Whenever, the Petitioner

used to react on the same and take offence, she would record the same to later

reveal the same to the relatives and Police authorities to show how the

Respondent was being treated by the Petitioner. That the Petitioner has no

privacy or has been left with no personal life whatsoever.

32. It is becoming miserable for the petitioner to live in his own house as he has

not only felt humiliated and tortured but also handicapped and helpless. Since

the Petitioner is managing his daily life with the little savings, he on several

occasions requested the Respondent to spend money wisely but the Respondent

used to get agitated and abuse the Petitioner stating that all this money is hers

and she can spend the money the way she wants.

33. That the sole intention of the Respondent was to harass the Petitioner to such

an extent that he bows down on his knees. She only wanted the sale proceeds of

the Punjab property and later wanted to disown the petitioner and their child.

34. That the Respondent used to mentally torture the petitioner and also physically

assault the Petitioner. She used to indulge into unnecessary argument with the

petitioner, abuse him and harass him and then used to scream and shout to

show that she is been harassed. Many a times the respondent even called the
 police at home without any reason, who did not register any complaint as no

incident had occurred. The Respondent deliberately to embarrass the Petitioner

used to call the neighbours at home and recite stories of false miseries.

35. That during the stay of the Respondent at the matrimonial house, various

jewellery items, cash and gift vouchers were misplaced on a regular basis. On

one occasion in September 2017, the Petitioner was not in Delhi due to some

official work and went to Allahabad, when at the back of Petitioner various

jewellery items, cash and other valuables got misplaced and upon enquiry

Respondent stated that an incident of theft happened at their place. the

Petitioner rushed to Delhi and upon enquiry from neighbours found out that no

theft incident took place.

36. That thereafter, the Respondent made it a practice, that on the slightest of

pretext, she used to pack her bags and leave the matrimonial house to go to her

parent’s house. Furthermore, her parents and family members, instead of

counselling her, used to incite her not to go back to the matrimonial house

unless the petitioner came begging to her to come back, which the petitioner

usually used to do out of natural love and affection for his wife and to prevent

matrimonial discord.
37. That due to the frequent domestic problems and the cruelties being committed

upon the petitioner by the respondent, the health of the petitioner deteriorated

and the petitioner has been under treatment for the same.

38. That the Petitioner only for the sake of his matrimonial life, had accepted

Respondent contention and on February 2018 bought a new house bearing no.

G-7/ G-8, Flat No. 402, Shyam Park, Nawada, D. K. Mohan Garden, West

Delhi, Delhi- 110059. The said house was purchased by the Petitioner on loan

amounting to Rs. __________/- and had purchased the same in Joint name with

the Respondent and thereby shifted with the Respondent to have a peaceful and

happy matrimonial life. However, even after getting the property in Joint

Name, the atrocities of Respondent did not stop and she kept of fighting and

with the Petitioner on petty reasons.

39. That with the passage of time Petitioner tried every possible effort to

accommodate and understand the Respondent and even tried to make her

control her anger. With this in the year on 04.10.2019 another child Master

Aayansh Yadav was born out of the wedlock. The Petitioner was very happy

and wanted to celebrate this occasion with all his family and friends. The

Respondent on this occasion screamed and created a hue and cry, as she did not

want Petitioner parents and family members to come for this occasion and give

blessings to the child. The Petitioner took every possible effort and provided all

the medical expenses for the Respondent during maternity period and even
 during birth of child. Nevertheless, the Respondent sister and mother used

instigated the Respondent against the Petitioner and his family members even

during and after child birth, which overall impacted the health of mother and

child.

40. That the respondent even after giving of birth to child used to abuse the

Petitioner in front of her family, children, and friends. Once the petitioner

overheard saying to her friend that once the Respondent gets share in Punjab

property, she shall ruin the life of petitioner and implicate him and his family

members in false cases. On June, 2020 the Petitioner sold off the Punjab

property without telling the same to the Respondent, as he wanted to make pre-

payment towards the loan taken over by him for the present residence. After

getting knowledge of the sale proceeds of Punjab property, Respondent picked

up quarrel with the Petitioner unnecessarily and starting screaming at him so

loudly that the Petitioner could not bear it anymore and started to walk away,

seeing this the Respondent got so agitated that she assaulted the Petitioner and

hit him badly as a result of which the Petitioner sustained injuries. Due to such

an act of Respondent to manhandle the Petitioner, only to safeguard herself

from any other case she deliberately reported the same to the Police

Authorities. Ironically, she again withdrawn the complaint and settled the

dispute between Petitioner, as she herself knows that her complaint was

completely bogus and vague.

41. That now there is nothing left for the Petitioner in the present marriage, there is

no support, care, love or even humanity for the Petitioner and only hatred,

insult, humiliation, and cruelty for the Petitioner in the heart of the respondent.

That from February 2021 the Petitioner kept on demanding to release his share

from the present property i.e. G-7/ G-8, Flat No. 402, Shyam Park, Nawada, D.

K. Mohan Garden, West Delhi, Delhi- 110059 in her name. As and when the

Petitioner had rejected to do, the Respondent uses abusive language in front of

his children and threat the Petitioner that she will throw her out of the home if

he failed to do so.

42. That on 05.06.2021 the Respondent alongwith her mother, sisters and 1 cousin

brother had thrown all the clothes and belongings of Petitioner out of his house

and told him that till the time the property is not transferred in her name or the

Petitioner shall not relinquish his right from the said property, he will not be

allowed to meet his children and enter the house. Since, 05.06.2021 both the

Petitioner and Respondent are living separately. Irrespective of the said fact

the Petitioner being the father of two children and husband of Respondent had

duly complied with its matrimonial obligation and since, July 2021 the

Petitioner has been paying Rs.12,000/- as month expenditure to the Respondent

to sustain her livelihood and to meet the needs to children apart from children

educational expenses. The said act of Petitioner reflects that he had tried every

possible effort to sustain his matrimonial obligation but due to behavioural and

temperamental issues of Respondent, the present marriage has been completely

broken down.
43. That in the past 15 years of married life, the Petitioner had not lived his life

peacefully and had always faced cruel, mental torture and trauma. There was

hardly any time when the Petitioner and Respondent had a happy life and they

spend good times together. Even the children born out of the wedlock have

seen abusive incidents and fights from Respondent end. They hardly had any

normal conversation with each other. Every time the Petitioner tried to

reconcile with the respondent and tried to make her understand she ended up

fighting with the petitioner resulting to humiliation to petitioner and

mishandling of children out of rage and anger.

44. That the Respondent is insisting that the Petitioner that he should transfer the

title of all property in her name or give her share in sale proceeds. The

Respondent has also threatened that in case the aforesaid demands of the

Respondent are not met, she will implicate the Petitioner and his family

members in various false cases. The Petitioner has also tried to talk to the

family members of the Respondent but to no avail.

45. The parents of the Respondent refused to counsel her for her misbehaviour

because of which her atrocities are increasing day by day making the life of the

petitioner a hell and it is even impacting the upbringing of children born out of

the wedlock.

46. That the aforesaid conduct of the Respondent has made it impossible for the

Petitioner to resume matrimonial relations with the Respondent.

47. That due to the frequent domestic problems and the cruelties being committed

upon the Petitioner by the Respondent, the health of the Petitioner deteriorated

and the Petitioner has been under treatment for the same.

48. That the Respondent also habitually maltreated the parents of the Petitioner,

and used cruel and unsolicited language towards them also. The Respondent

never missed any opportunity to humiliate and taunt the Petitioner. The

Respondent has petty, imbalance, aggressive and unpredictable behaviour. She

is also quarrelsome, dominating, conniving, manipulative, money minded,

greedy woman with anger management issues. The Respondent has

relentlessly mentally tortured the petitioner and physically attacked him on

various occasions.

49. That from the acts and conduct on the part of the Respondent, it is crystal clear

that she has buried the institution of marriage forever, and have no respect,

regard, love, or feelings towards the Petitioner.

50. That the conduct of the Respondent is not only unbecoming of a wife, but of a

normal human being as well. The Respondent is solely responsible for making

the life of the Petitioner a virtual hell. The cruel as well as immoral acts and

conduct of the Respondent have caused irretrievable breakdown of the

marriage.
51. That the marriage has irretrievably broken down and deserves to be dissolved

lest it should become a blot on the name of the institution of marriage.

52. That it is impossible for the Petitioner to live with the Respondent as the

Petitioner not only apprehends danger to his life but the same is also

detrimental to his honour, esteem, reputation and social status.

53. That the petitioner has not condoned the acts of cruelty committed upon the

petitioner by the respondent. Thus, the Petitioner is entitled to the grant of a

decree of divorce on the grounds mentioned hereinabove.

54. That the marriage between the parties has broken down completely and

irretrievably and there are absolutely no chances of reconciliation between the

parties for living together as husband and wife, as all the efforts for conciliation

between the parties made from time to time have failed and now there remains

no possibility or probability for their living together as a married couple.

55. That the present petition is not presented in collusion or connivance with the

Respondent.

56. That the Petitioner has neither condoned nor connived at the acts of cruelty nor

has he been accessory to the same.

57. That there is no unnecessary or improper delay in filing of this petition.

58. That there is no legal impediment for the relief as prayed for being granted by

this Hon’ble Court.

59. That the parties to this petition last resided at Delhi at G-7/ G-8, Flat No. 402,

Shyam Park, Nawada, D. K. Mohan Garden, West Delhi, Delhi- 110059, which

is within the local limits of the jurisdiction of this Hon’ble Court. As such, this

Hon’ble Court has jurisdiction to entertain and decide the present petition.

60. That the prescribed court-fees has been affixed on the petition.

PRAYER

In view of the facts and circumstances of the case as aforesaid, the petitioner

most respectfully prays for the following reliefs from this Hon’ble Court:

i. To dissolve the marriage between the parties by granting a decree of

divorce on the ground of the cruelty committed upon the Petitioner by

the Respondent;

ii. award costs of the litigation to the Petitioner;

iii. To pass such other orders as may be deemed fit and necessary in the

interest of justice.

(PETITIONER)

THROUGH

New Delhi
Date: .04.2023
Prateek & Luv Manan
Counsel for Defendant no.1
CH. No. 242-243 Patiala House Courts, New Delhi
 Email: prateeklegal7@gmail.com
Tel. No. 9871680565

VERIFICATION

Verified at New Delhi on this ____ day of April, 2023 that the contents of the above

petition are true and correct to the best of my knowledge and belief and the legal

submissions made therein are based on legal advice received and believed to be true.

(PETITIONER)

IN THE COURT OF HON’BLE PRINCIPAL JUDGE, FAMILY COURT

SOUTH WEST DISTRICT, DWARKA COURTS

H.M.A. CASE NO. ………..........OF 2023

IN THE MATTER OF:

Sh. Mahesh Kumar Yadav …Petitioner

Vs
Smt. Amita Yadav …Respondent
AFFIDAVIT

Affidavit of Sh. Mahesh Kumar Yadav, S/o Sh. Sh. Ram Ketar Yadav, R/o B-294, Delhi
Admin Flats, Timarpur, Civil Lines, North Delhi, Delhi- 110054

I, the above name deponent do hereby solemnly affirm and declare as under:-
1. That the deponent is the petitioner in the above-noted case and is fully
conversant with the facts of the case and as such is competent to swear this
affidavit.

2. The accompanying petition under Section 13 of the Hindu Marriage Act, 1955,
has been drafted by my counsel under my instructions. The contents of the
same are true and correct to my knowledge and be read as part and parcel of
this affidavit as the same are not reproduced herein for the sake of brevity.

3. That the petitioners are living separately since 05.06.2021

4. That the petition has not been presented in collusion with the Respondent.

DEPONENT

VERIFICATION:

Verified at ________ on this th day of April, 2023, that the contents of the above
affidavit are true and correct to my knowledge; no part of it is false and nothing
material has been concealed therefrom.

DEPONENT