IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, ROHINI, DELHI

H.M.A. No.______OF 2012 IN THE MATTER OF:

Sh. Ravinder Singh Chhikara Versus Smt. Manju

PETITIONER

..RESPONDENT

MEMEO OF PARTIES SH. RAVINDER SINGH CHHIKARA S/O CAPT. RAN SINGH CHHIKARA R/O H-74, VILLAGE&POST OFFICE JAUNTI, NEAR SHIVAL, DELHI-110081 PRESENTLY RESIDENT OF POCKET 1/63, SECTOR 24, ROHINI, DELHI-110085 VERSUS SMT. MANJU W/O SH RAVINDER SINGH CHHIKARA D/O ZILE SINGH R/O VILLAGE KUNDAAL, DISTT. SONEPAT HARYANA PRESENTLY RESIDENT OF POCKET 1/63, SECTOR 24 ROHINI, DELHI-11085 RESPODENT ..PETITIONER

DELHI DATED THROUGH GORANG GUPTA ADVOCATE Enrolment No. D/3351/2009

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, ROHINI, DELHI

H.M.A. No.______OF 2012 IN THE MATTER OF: Sh. Ravinder Singh Chhikara Versus Smt. Manju ..RESPONDENT PETITIONER

PETITION UNDER SECTION 13 (1)(i-a) OF THE HINDU MARRIAGE ACT, SEEKING DISSOLLTION OF MARRIAGE BY A DECREE OD DIVORCE ON THE GROUND OF CRUELTY

MOST RESPECTFULLY SHOWETH: 1. That the marriage between the petitioner and the respondent was solemnized on 29.01.2005 according to Hindu rituals and ceremonies at village Kundal, Sonepat, Haryana in the presence of parents, relatives and friends of both the parties and the marriage was very simple without any pomp & show. It is submitted that no dowry was demanded by the petitioner or by his parents.

2. That the marriage was done through a family friend of the father of the respondent. It is submitted that the father of the respondent told that the respondent is a graduate from science stream but after few days of the marriage it is disclosed by the respondent that she is only intermediate passed. 3. That the marital, status, age and place of the residence of the parties before the marriage and at the time of the filing the petition are as under:-

PETITIONER/HUSBAND STATUS AT THE TIME OF MARRIAGE HINDU BACHELOR AGE 24 YEARS PLACE OF RESIDENCE H-74, VILLAGE JAUNTI, NEAR

SHIVALA, DELHI110081 AT THE TIME OF FILING OF PETITION HINDU MARRIED 31 YEARS POCKET1/63, SECTOR 24, ROHINI, DELHI110085

RESPONDENT/WIFE

AT THE TIME OF MARRIAGE

HINDU VIRGIN

20 YEARS

VILLAGE KUNDAL, DISTT. SONEPAT, HARYANA

AT THE TIME OF FILING OF PETITION

HINDU MARRIED

27 YEARS

H-74, VILLAGE JAUNTI, NEAR SHIVALA, DELHI

4. That after solemnization of the marriage, the petitioner and the respondent have resided and cohabited together as husband and wife at H-74, village Jaunti, Near Shivala, Delhi-110081 which is the self acquired property of the father of the petitioner.

5. That on female child namely Riya and a boy child namely Lakshay were born on 17.10.2005 and 05.09.2008 respectively, out of this wedlock and both of them are living together with the respondent.

6. That the above said marriage was an arranged marriage and the petitioner like the other grooms have the hope that his wife will give all the happiness which is expected from a wife but all the wishes and hopes of the petitioner were turned down by illegal and malafide intentions of the respondent.

7. That soon after the marriage, the respondent started using the abusive language against the petitioner. It is submitted that when the petitioner raise the objection against this conduct of the respondent, the respondent threatened the petitioner that she will implicit the whole family of the petitioner into a

false dowry case. It is submitted that the father of the petitioner is a respectable person in the society as he is a retire Army Officer.

8. That the petitioner is residing in his office room from last two and half month because the respondent can go to any extent to implicit the petitioner into any false criminal case.

9. That the respondent has treated the petitioner with utmost cruelty and the petitioner is enumerating here under the various incidents of cruelties meted out upon him by the respondent.

a. That the petitioner at the time of the marriage was residing at village Jaunti, Delhi in a joint family and always got emotional as well as the financial support from his family. It is submitted that the respondent never try to understand the feelings of the petitioner towards his joint family and the respondent after few days of the marriage start complaining about the other family members and raised the demand from the petitioner to get separated from the joint family of the petitioner. It is submitted that the petitioner told the respondent that he is emotional attached to his joint family specially with his parents and always obeys what his father advices to him, on this the respondent started taunting the petitioner with offensive language as fauji ke gadhe and because of such language used by the respondent against the petitioner and against the father of the petitioner, the petitioner was hurt emotionally as the social status of his father was crushed by his own wife and all the wishes and hopes of the petitioner were turned down.

b. That the respondent after few months to fulfill her ill motives started harassing the whole family, so that all the elders of the family to save the marriage of the petitioner and the respondent ask the petitioner to get separated from the joint family. It is submitted that the respondent never performed the house hold work and always had her lunch on her bed which was served by any other female member of the joint family

of the petitioner and when the petitioner came back from his office, the respondent start using the abusive language against him and other members of the family.

c. That the respondent after the birth of the first child namely Riya certainly increased the pressure upon the petitioner to get separate accommodation as she cannot enjoy the freedom and in future more rooms are required. It is submitted that several times the respondent call her father namely Zile Singh to her matrimonial home to increase the pressure on the petitioner. It is submitted that the petitioner complaints to the father of the respondent about the conduct of the respondent, on this the father of the respondent replied ki mere bass ki baat nai usko samjhana and keep pressuring the petitioner to look for a separate accommodation.

d. That the respondent being a suspicious lady alleged illicit relationship with other ladies on the petitioner. It is submitted that many times when the petitioner try to share the bed with the respondent, the respondent refused to share and taunt him jaa apni bhar wali ke bistar mein .It is submitted that the respondent alleged illicit relationship of the petitioner with a lady teacher, the respondent even dont know the name of any lady. It is submitted that the respondent many times alleged illicit relations with other ladies of the petitioner in front of the friends and the family members of the petitioner. It is further submitted that the respondent never tried or find to know about the friend circle of the petitioner so that she came to know about the truth, the respondent was habitual harassing the petitioner by one way or another.

e. That the respondent always stop the petitioner from having business dealings with the lady clients and the respondent not let the petitioner to talk them on phone for business purpose with the lady client and due to which the petitioner suffered loss in his business not on one occasion but many times. It is submitted that the petitioner talked with the respondent about this and try to make her belief that he is just

performing his duties but the respondent instead of understanding alleged that the petitioner is a womanizer.

f. That the respondent keep harassing the mother of the petitioner by saying her that ki kya aayash ladka paida kai hai and due to these kinds of taunts the mother of the petitioner stop showing her love and affection towards the petitioner to the petitioner as the petitioner is so much of emotionally attached to her mother cannot bear that much of pain, this caused the huge amount of the metal agony to the petitioner. Now the petitioner totally broken and did not find any reason to be there with the petitioner.

g. That the respondent after weakens the bond between the petitioner and his mother the respondent raised the level of the cruelty against the petitioner. It is submitted that on the occasion of Diwali (2006) when the mother of the petitioner was decorating the puja ghar, the mother of the petitioner asked the respondent to help her in decorating the puja ghar on which the respondent throw the dirty water (which is lying nearby for the purpose of moping the floor) on to the puja ghar and said ho gai safai and she also said tere lakshi nai ayegi tuneh shaaitan ko janam dia hai after hearing and seeing all this the petitioner slapped the respondent and asked the respondent to apologies for her wrong but the respondent in anger locked herself into the room and did not open the door for the whole day even on the several requests made by the almost every member of the joint family. It is further submitted that the petitioner was forced to pray alone (without wife) on that night.

h. That the respondent never politely talked with her mother-in-law and always used to taunt her and finally the mother of the petitioner died on 02.02.2007 and the reason for her death is still not know to the petitioner, according to him she committed the suicide.

i. That the respondent had never looked after the children and she never prepare meals for them, mostly the mother of the petitioner used to take

care of the children but after her death the respondent responsibility increases and because of that she started give beatings to them and keep narrating while beating tum shaitaan ki aulad ho she even perform this in front of the friends and relatives of the petitioner. This is something which is untolerable fro the petitioner.

j. That the respondent also tried to do the black magic (tona-totka) on the petitioner and the petitioner is having the proof of the same in his possession.

k. That the petitioner tried his level best to save his matrimonial life and he also called the father of the respondent many time but at last the father of the respondent also refused to come and visit the matrimonial home of her daughter. l. That on 5th of December 2011 when the petitioner came back to home, the respondent open the door and started demanding gold necklace from the petitioner on this petitioner asked the respondent to wait for couple of months but the respondent on this snatches her mangalsutra and throw it on the face of the petitioner and said ja isko bhi apni dusri biwi ko phena de. The petitioner tried to calm down the respondent but the respondent threatened him ki khud zaheer kha ke tujhe jail ki chaki pis va dungi it is submitted that from that day the petitioner left the home in the morning and never went back to his home. It is submitted that now it is impossible for the petitioner to live under the same roof with the respondent.

10. That the petitioner never meted out any kind of the cruelty upon the respondent.

11. That there is no collusion between the parties in filling the present petition.

12. That there is no unnecessary and improper delay in filing the present petition.

13. That there is no legal ground why the relief sought by the petitioner should not be granted to him.

14. That there is no other litigation pending between the parties with regard to this marriage against each other.

15. That the petitioner and the respondent reside at the village Jaunti, Delhi 110081 after the solemnization of the marriage, hence this Honble Court has jurisdiction to try and adjudicate upon the present petition.

16. That the proper court fee has been affixed on their petition as per law.

PRAYER

In the view of the facts and circumstances explained above, it is most respectfully prayed that this Honble Court may be pleased to pass the decree of the divorce thereby dissolving the marriage of the petitioner with the respondent on the grounds of the cruelty.

Any other re3slif which this Honble Court may deems fit and proper in the facts and circumstances of the case may also be granted in favor of the p[petitioner and against the respondent in the interest of the justice.

PETITONER Delhi Dated through

GORANG GUPTA ADVOCATE

VERIFICATION

I Ravinder Singh Chhikara, the above named petitioner here by verify on the solemn affirmation t5hat the contents of Para 1 to 9 of the petition are true, correct and best of my knowledge while the Para 10 to 16 are true on the information and advice received and believed to be true. Last Para is prayer to this Honble Court. Verified at Delhi ob this 2012. day of the February of

PETITONER

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, ROHINI, DELHI

H.M.A. No.______OF 2012 IN THE MATTER OF: Sh. Ravinder Singh Chhikara Versus Smt. Manju ..RESPONDENT PETITIONER

AFFIDAVIT

I, Ravinder Singh Chhikara, age 31 years son of Sh Ran Singh Chhikara R/o h-74, Village&Post Office,Jaunti, Near Shival, Delhi-110081, do hereby solemnly affirm and declare as under:-

1. The deponent submits that, the deponent is the petitioner in the above mentioned petition filed under section 13(1)(i a) of the Hindu marriage3 act, 1956 on behalf of the petitioner for dissolution of marriage between the parties. The deponent further submits that the deponent is legally wedded husband of the respondent herein and the marriage between the deponent and the respondent was solemnized on 29.01.2005 at Villade Kundal, Sonepat, Haryana according to Hindu rituals and ceremonies.

2. The deponent submits that, the contentS mentioned in the abovementioned petition are true, correct and best of my knowledge.

3. The deponent submits that, the above mentioned petition is drafted by counsel under my instructions and same is true.

4. The deponent submits that, the contents mentioned in the affidavit are correct, true and best of my knowledge. DEPONENT

VERIFICATION: Verified at Delhi on this day of February of 2012 that the contents of the above

affidavit are true, correct to my knowledge and nothing material has been concealed there from.

DEPONENT