Divorce
mohan.D
(Querist) 17 August 2017
This query is : Resolved
IN THE COURT OF THE FAMILY JUDGE ATBANGALORE
M. C. No: of 2015
BETWEEN:
Mohan D. S/o late Doddaiah,
aged about 34 years,
Residing at No:9, 6th Cross,
opposite to Bangalore Bus body building,
near bus stop No;58, behind satellite bus stop,
near Mysore road, Byatarayanapura,
Bangalore -560 0026. ���.. Petitioner
A N D:
Smt. Kavyarani alias M.N. Kusuma,
W/o Mohan D. D/o M. J. Nanjundaiah,
Residing at No:K.H. B. 64-B, Golden Jubilee,
Hutta � Colony, Bhadravathi-Town,
Shimogga � District., 577 301. �... . Respondent
MeMORANDUM OF PETITION Under SecTION - 13 [1] [i-a], [i-b] AND 13 (1A)of the Hindu Marriage Act, 1955
The Petitioner above named begs to state as follows:
The address of the Petitioner for the purpose of service of the process of the court is as stated in the cause title and the Petitioner can also be served through his counsel Sri. M.R. Hiremathad and R. Suresh, No. 48-49, Nemji Plaza, II Floor, Ibrahim Sahib Street, Shivajnagar, Bangalore �560 001.
The address of the Respondent for similar purpose is as stated in the cause title.
The Respondent petitioner is the legally wedded wife of the petitioner respondent, the marriage between respondent and petitioner was solemnized on 21.06.2010 at M.P.M. Kalayana Manthapa, Paper town, Bahadravathai in accordance with Hindu rites rituals being an arranged marriage, at the time of marriage both family members were present, The petitioner is a post graduate in M. Tech and the Respondent is a post graduate in M.Sc., the parents of the petitioner borne all the expenses of the marriage as the family of the respondent was not in a position to perform the marriage of the Respondent, the petitioner and the Respondent led few days at Bhadravathi after the marriage and they came to Bangalore and resided there in a leased house, wherein they led happy marital life for some more time and resided last together. The petitioner and his parents showed lots of love and affection to the Respondent and looked her after as their own daughter, but within a period of two months after the marriage, the respondent started to quarrel with the petitioner even on trivial matters and did not tolerate coming and visiting of the parents of the petitioner to Bangalore and objected for the same for the reasons best known to her, under such circumstances the petitioner was constrained to request his parents in that regard with a hope that the respondent would realize her mistake. During her stay at Bangalore the Respondent got conceived and the petitioner took all the care and caution about the health of the respondent and took her to regular check �up to the doctors till the date her desertion.
That on 30-11-2010 while the petitioner was on his duty, the respondent called him up and informed she was going to his brother�s house at Jalahalli as her father has arrived from Bhadravathi, the petitioner asked her to return in the next day morning and hand over the key to his neighbor, the petitioner returned to home on the next day at about 9-30 p.m., but to the shock and surprise to him the respondent was not returned and being shocked he called up to her mobile but the same was found in switched off mode thereafter the petitioner called up on the mobile phone of her parents and brother but he received irresponsible and improper reply thereafter he put all his efforts to found the respondent out but he could and ultimately he lodged a complaint on 05-12-2010 before the jurisdictional police about missing of the Respondent and a case came to be registered in FIR No: 0401 of Byatarayanapura police an upon investigation she found in her brother�s house at Jalahalli. As the respondent was conceived and was pregnant about 5 months, the petitioner brought the incident before the elders of both families and panchayath was convened and an agreement was executed by both the petitioner and the Respondent to the effect that both would live together happily and by adjusting themselves and they would be responsible for their life in future, but the said agreement never come to true and the respondent did not come to join with the petitioner.
It is submitted that when the Respondent did not adhered to her words in the Pnachayath and did not respect the elders� advice the petitioner approached the Women�s commission by a requisition on 27-01-2011 and requested the commission to advice the respondent properly in respect of leading happy marital life also to perform �seemantha� as she was pregnant, the Hon�ble commission was pleased to issue summons to the Respondent and when the respondent appeared before the commission the respondent abused the commission and thereafter she never turned up and remained at her parental home.
It is submitted that being annoyed by the unpleasant incidents at home caused by the Respondent, the father of the petitioner suffered heart attack on 05-04-2011 and he was treated at Nanjappa Hospital and later on shifted to Narayayna hrudayalaya at Bangalore but the respondent never turned up to see the father of the petitioner by putting forth her pregnancy.
The petitioner put his all efforts to bring back the respondent to his home but he could not mean while the respondent gave birth to a male child at Bhadravathi on 24-04-2011 but she did not allow the petitioner and his parents to see the baby in the hospital and even did not left any information of leaving hospital, the respondent and her parents never heed to any advice of the elders and the respondent did not turned up even after 6 months of her delivery, being highly annoyed by the attitude of the respondent the mother of the petitioner approached the State women� commission seeking an advice to the respondent to lead happy marital life with the petitioner but her effort also turned invain.
It is further submitted that when the petitioner failed in brining back the respondent to his home for the matrimonial home, he got issued a legal notice on 30-01-2012 through his counsel calling upon the respondent to come and join with him and lead marital life, the said notice was duly served on her and she gave evasive reply through her advocate on 25-02-2011, thereafter the petitioner was constrained to file a petition before the Hon�ble Family court Bangalore seeking direction relief of restitution of conjugal rights against the Respondent under the provision of section -9 of the Hindu Marriage Act., in M.C. No: 1609/2012 on 27/04/2012.
It is further submitted that when the notice was served on the respondent in M.C. No;1609/2012 issued by the Family court, Bangalore, the Respondent filed a complaint in the Bhadravathi Town police station on 22-05-2012 in FIR No:07/2012 against the petitioner and his parents alleging dowry harassment being fully aware that the father of the petitioner was already become prone to heart attack and he suffering heart ailment and case was registered against them for the offences punishable under section -3 and 4 of Dowry prohibition Act., and Section-323, 498-A, 504,506 R/w-34 of IPC., but on 24-05-2012 the respondent again approached the police along with her parents and gave restatements and withdraw her allegations and thus the case came to end in filing �B� final report by the said police, but she did not come to join.
It is further submitted that the petition filed by the petitioner in M.C. No:1609/2012 seeking restitution of conjugal rights came to be decreed on 20/10/2012 and the petitioner informed the same to the Respondent through his advocate on 23-01-2013 and called upon the Respondent to join with him and lead marital life but the Respondent did not joined the petitioner so far., nor responded in prospective manner.
It is further submitted that all the events in the family caused by the Respondent resulted in mental stress to the father of the petitioner and he again suffered heart attack on 10-03-2013 and hospitalised then also the petitioner did not come to see the father of the petitioner in the hospital, even though the Respondent was fully aware about the health condition of the father of the petitioner she remained adamant and did not turned up to join the petitioner as a result the father of the petitioner died on 14-03-2013 due to heart attack and till that day the respondent did not show the child to the father of the petitioner, even on the date of death the father of the petitioner requested him to bring the child to hospital and the same was informed to the respondent by the petitioner by going to her parental home but the respondent did not care for the same and the father of the petitioner died in the evening, under such circumstances also the respondent did not came to her matrimonial home and participated in the funeral ceremony of the father of the petitioner. It is specific assertion of the petitioner that the inhuman behavior and cruel attitude are the only reasons for his father�s death.
It is further submitted that soon after the death of the petitioner, his elder brother filed a partition suit against the petitioner, his mother, his sister in O.S. No:28/2013 on 09-07-2013 in the respect of the family properties and the Respondent herein has filed an application Impleading her son as one of the party for seeking partition of the joint family properties and claiming his son�s share, with an intention to harass the petitioner, the said application is pending for consideration and the suit is pending enquiry.
It is further submitted that on 21-09-2013 the respondent filed a false complaint against the petitioner alleging that on 19-09-2013 the petitioner went to her parental home being drunk and abused in filthy language and bit her by stone and a case came to be registered against the petitioner in crime No: 193/2013 on the file of Bhadravathi new town police for the offences punishable under section-323,324,341, 504,506 of IPC., and the police have filed charge sheet and the case is under enquiry.
It is further submitted that on 03-10-2013 the respondent has filed a Criminal Miscellaneous case in Cr. Misc. No;540/2013 before the Learned JMFC., Bhadravathi seeking monthly maintenance for herself and for her son under the provisions of section -125 of Cr. P. C., and the same is pending consideration, the respondent is post graduate and working in PM- 4 lab as consultant Chemist in MPM paper mill Bhadravathi and earning enough for her life, the respondent has filed the said case only with an intention to harass the petitioner and the petitioner is prepared to file necessary petition before the competent court to take the custody of the child.
It is further submitted that on 03-10-2013 the respondent has filed a Criminal Miscellaneous case in Cr. Misc. No:545/2013 before the Learned JMFC., Bhadravathi seeking reliefs under section-18, 19 and 22 of the D.V. Act., under the provisions of section -12 of the D.V. Act.,, and the same is pending consideration.
It is further submitted that the respondent went to an extent that causing trouble to the tenants under the mother of petitioner and interfered with the lawful possession of the said tenants, one of the said tenants by name Ravikumar was even constrained to file an Injunction suit against the Respondent before the Hon�ble civil Judge, Bhadravathi in O.S. No:207 of 2014 in which the Hon�ble Civil court has granted ad interim order of stay against the respondent by directing not to interfere with lawful possession of the said Ravikumar.
It is further submitted that when all the cases are pending and the petitioner and his mother suffering humiliation the respondent filed a private complaint on 07-06-2014 against the petitioner and his mother in P.CR. No:147/2014 alleging that they have violated the order of the learned JMFC in Cr. Misc. No;545/2013 and thrown her out of the house wherein she was residing and assaulted her and given her life threat on 14-05-2014, the case is referred to D.Y.S.P. Bhadravathi and the case has been registered against the petitioner and his mother which pending enquiry.
It is respectfully submitted that because of the pending cases and the petitioner has lost the job and he unable to get the job because of pending criminal cases and he has remained job less and the pending cases against him are not allowing to join any job and he is unable to search out any job and concentrate on any avocation or work. However the petitioner is putting all his efforts to get a job at Bangalore by attending all the cases and by looking after his age old mother.
The petitioner further submits that the respondent has caused severe mental agony and meted out unbearable cruelty thereby created a fear in the petitioner�s mind so that the petitioner could not able to lead a marital life with respondent and the petitioner felt that it is not safe and secure to live and co-habit with the respondent. The Respondent has voluntarily deserted the petitioner from 30-11-2010 and thereafter she has not turned up and joined the petitioner so far., and a period of more than two years has been elapsed there from and the petitioner had filed a petition for restitution of conjugal rights Under section-9 of the Hindu Marriage Act., and he has obtained to the judgment and decree in his favour on 20-10-2012 in M.C. No:1069/2012 and the same has been duly communicated to the Respondent on 23-1-2013 and a period of more than one year has been elapsed since then, wherefore the petitioner is constrained to file the petition seeking the relief as prayed for.
In view of the above circumstances the Petitioner is constrained to seek dissolution of marriage by way divorce on the grounds of desertion, cruelty and non joining of the spouse within one year after passing the decree for restitution of conjugal rights, Hence., this Petition.
The cause of action for the Petition arose within the jurisdiction of this Hon�ble Court about 21.06.2010 when the marriage of the petitioner and Respondent was performed and on 30-11-2010 when the Respondent left the matrimonial home voluntarily and on the subsequent dates when the respondent filed successive false cases against the petitioner, as the Petitioner and the Respondent have resided last together within the jurisdiction of this Hon�ble Court, this Hon�ble court has got the jurisdiction to try this case.
No Legal Proceeding / Court Litigation Past/Present is pending with regard to the relief sought in the Petition by the Petitioner against the Respondent or vice versa.
A fixed Court Fee of is paid on the Petition.
Wherefore, the Petitioner prays that this Hon�ble Court be pleased to pass a judgment and decree:
Dissolving the marriage of the Petitioner and the Respondent solemnized on 21.06. 2010 by granting a decree of divorce in favor of the petitioner on the grounds of desertion, cruelty and non joining of the spouse even after of lapse of one from the date of decree for restitution of conjugal rights and grant of such other relief/s as this Hon�ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.
Advocate for Petitioner Petitioner
VERIFICATION
I, Mohan D. S/o late Doddaiah, aged about 34 years, Residing at No:9, 6th Cross, opposite to Bangalore Bus body building, near bus stop No;58, behind satellite bus stop, near Mysore road, Byatarayanapura, Bangalore -560 0026, the Petitioner herein do hereby make oath and solemnly affirm that what is stated above para No:1 to 23 are true to the best of my knowledge, belief and information.
Place: Bangalore Petitioner
Date:
mohan.D
(Querist) 17 August 2017
Dear experts above is the Mc petition i have applied for divorce and Mc case got transferred to my native bhadravathi according to police records my wife has got illegal affairs with some one will this police records will help in my divorce case without paying any maintenance please guide me expert i have appointed a lawyer in my place bhadravathi please tell me how to speed up the process in Mc
Rajendra K Goyal
(Expert) 17 August 2017
If illegal relation proved, court may give divorce.and refuse maintenance.
Kumar Doab
(Expert) 17 August 2017
Illicit relation/Adultery/cruelty are grounds for divorce and are to be proved with substantiating evidence .................
Kumar Doab
(Expert) 17 August 2017
Central Government Act
The Hindu Marriage Act, 1955; Sec10,13(i)
https://indiankanoon.org/doc/590166/
Central Government Act
The Hindu Marriage Act, 1955; Sec10,13(i)
https://indiankanoon.org/doc/590166/
mohan.D
(Querist) 18 August 2017
Dear kumar Doab police have taken call records on 1 years of my wife and his boyfriend and my wife is not leaving with from past 6 years she is staying with her parents and my son and my wife is talking with her boyfriend daily two hours is this evedenice is enough to prove and police have texted msg what my sent to her boyfriend and what he has replied also and my wife is going to job also know i have produced here salary slip and appointment letter also and know my wife is telling u r son is not born to me that much adament i told here let go for DNA test and can i speak to judge in open court and my disaster after marry here will judge will give permission to speak for me
Rajendra K Goyal
(Expert) 18 August 2017
Talking with any person even if proved does not prove illicit / sexual relation between them.
Kumar Doab
(Expert) 18 August 2017
The investigating agency and court shall look into substantiating evidence...........
Did your own lawyer opine that you have substantiating evidence?
mohan.D
(Querist) 21 August 2017
Dear experts will be my son entitled for my father property because my elder brother has put a case on my mother for pratition of property 75%of property is in father name and rest in my mother name and can my mother can make a will know which is in her name and what part will get from pratition suit can she make a will as court proceedings are dealy because she is65 years old and healthy is in normal condition can my mother can make a will know please experts guide me
mohan.D
(Querist) 21 August 2017
Dear experts will be my son entitled for my father property because my elder brother has put a case on my mother for pratition of property 75%of property is in father name and rest in my mother name and can my mother can make a will know which is in her name and what part will get from pratition suit can she make a will as court proceedings are dealy because she is65 years old and healthy is in normal condition can my mother can make a will know please experts guide me
