Unregistered marriage/harassment
sathya
(Querist) 10 October 2013
This query is : Resolved
Hi, It is 7 months as i got married. Its an arranged marriage but not registered. I found my husband has cheated me since he had affair and he is continuing it even after marriage. He got anticipatory bail on the day of marriage since his lover filed cheating case against him in All women police station. Im not aware of it. He used to harrass me physically and mentally.after marriage. Hence i got aborted in 3 months. I have proofs of those. Please tell me how can i proceed with law since i dont want to live with him.
Rajendra K Goyal
(Expert) 10 October 2013
You can file complaint for domestic violence.
R.K Nanda
(Expert) 10 October 2013
file complaint for domestic violence.
sathya
(Querist) 10 October 2013
How can i proceed in getting him punished. Do i need to complaint dv and apply for divorce? How my husband and in laws get punished? What ll be the settlement i can demand?
Dr J C Vashista
(Expert) 11 October 2013
Besides DV complaint, file cheating, harashment and cruelity case against your husband. Persue the matters, be bold,contest tooth and nail and do not get swayed by emotions, the law will take its course but you will have to wait for settlement.
Raj Kumar Makkad
(Expert) 11 October 2013
File a detailed complaint in the office of Superintendent of Police of your area seeking action against your husband and inlaws and a separate case should be filed before local magistrate under DV Act with the help of your lawyer.
Raj Kumar Makkad
(Expert) 11 October 2013
divorce can also be sought separately.
ABDUL RAZIQUE
(Expert) 11 October 2013
Agreed with expert, no need to add more.
sathya
(Querist) 11 October 2013
Hi,
Thanks experts for being so helpful. Please clarify the following :
1. Since marriage not registered, do i have all rights of wife in my husbands property?
2. Husbands bail agreement has my name as marrying girl. Can this be considered as a proof of marriage?
3. What are the documents do i need to keep while filing DV case?
sathya
(Querist) 11 October 2013
Can DV case filed after the occurence of the incident or it has to be filed immediately in 24 hours?
Rajendra K Goyal
(Expert) 11 October 2013
1. What type of right in the property? These are at par as wife under registered marriage.
2. Apart from it marriage can be proved through many other factors. Consult your lawyer.
3. You can file the DV case. Documents about medical treatment if available would be better.
Rajendra K Goyal
(Expert) 11 October 2013
DV case can be filed after 24 hours also.
ajay sethi
(Expert) 11 October 2013
consult a local lawyer .even if marriage is not registered you can file for divorce rely upon wedding photographs , marriage invitation card . all these are sufficient . in DV case you have to make out a case that you are a victim of DV . your lawyer will do the needful
ABDUL RAZIQUE
(Expert) 11 October 2013
if your wedding is solemnized in presence of society according to caste and creed there is no need to registration. Right in husband property not require a certificate of registered marriage.
Why you asking for bail agreement as a proof of your marriage? you have no any documents like, marriage invitation card, photograph of ceremony, any card where your husband name is enter as he is your husband,etc.
Medical treatment paper is necessary for filling Domestic Violence case.
DV case may be filling after 24 for hours as complain case direct through Court.
YOU CONTACT YOUR LOCAL LAWYER WHO PRACTICE AS A CRIMINAL LAWYER.
santhosh.g.
(Expert) 11 October 2013
this is a similar case file you can refer this:-
IN THE COURT OF HON’BLE SUB-ORDINATE JUDGE, UDHAGAMANDALAM NILGIRIS.
H.M.O.P.No /2012
In the matter of Hindu Marriage Act 1955.
….Petitioner/Applicant
V/S
, …..Respondent
.
PETITION UNDER SECTION 13 (1)(ia) of HINDU MARRIAGE ACT 1955 FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE
The Petitioner most respectfully state as follows:-
1. The Petitioner is Mrs. , D/o , aged 27 years, residing at , Ponnani, Uppatty Post, Pandalur Taluk, Nilgiris, residing within the jurisdiction of All women police station and police station and within the Jurisdiction of this Hon’ble Court.
The address for service of the Petitioner is as stated above for the purpose of all process and notices from this Hon’ble court and in care of her counsel G.Santhosh, Advocate, Gudalur, Nilgiris.
2. The respondent is Mr. , Aged about 31 years, S/o. ,
, Pandalur Post, Pandalur Taluk, Nilgiris, residing within the jurisdiction of this Hon’ble court and within the jurisdiction of Devala police station.
The address for services of the respondent is as stated above for the purpose of all process and notices from this Hon'ble court.
(con..2..)
..2..
3.That the respondent married with the petitioner on 25.03.2012 at “Arulmegu Murugan Thirukovil,” Pandalur, Nilgiris, according to Hindu rites and ceremonies in the presence of friends, relatives and family members of both the parties.
4.That after the marriage, for a short period the petitioner and the respondent lived together as husband and wife and cohabited with each other at the matrimonial house at Koovamoola, Pandalur along with the father and mother of the respondent. After about two weeks of the marriage due to the employment of the petitioner the petitioner and the respondent started to reside separately on a rented house at Gudalur on working days from Monday to Saturday and Saturdays and Sundays and other holidays stayed in the matrimonial house along with the father and mother of the respondent.
5. That at the time of solemnization of the marriage the parents of the petitioner had given sufficient dowry articles to the respondent as per the demands of the respondent and his parents. At the time of marriage the respondent was involved in unsocial activities, which was masked from the petitioner by the respondent and his parents decisively and deliberately from the knowledge of the petitioner and her parents.
6. The respondent was an addict to alcohol much before the marriage and he used to consume alcoholic liquor and in inebriated condition the respondent used to come to the house in late nights. Under the ecstasy of alcohol the respondent started to abuse the petitioner from the early days of the marriage. The respondent started adopting mental and physical torment upon the petitioner from the 8th day of the marriage itself. Whenever the petitioner tried to mend the respondent’s ways, then he and his parents mercilessly harassed and battered the petitioner. The respondent from the very beginning of the marriage days in the bedroom castigated the petitioner that she is a sex urged lady and a single man cannot satisfy the petitioner and showed surmise on her fidelity and chastity, which humiliated the petitioner mentally.
7.That the petitioner is an employ at Sree Gokulam Chits and Finance Company(P) Ltd, Gudalur Branch. The respondent and his parents demanded entire salary amount on their hands without any deductions for investments or even for her personal needs including for purchasing of sanitary things and other women needed things. The respondent insisted that if the petitioner is not able to oblige with this demand, she need not go for the job. The respondent with the help of his parents tired to restrain her from going to the job by physical assault.
8.The respondent battered the petitioner so many times even at the presence
(con..3..)
..3..
of his parents and even in the presence of her parents. The respondent always used grubby language to harass the petitioner even in front of her relatives and colleagues with an intention to taint the good image of the petitioner, which humiliated the petitioner and her image was tarnished in the middle of her friends and colleagues. The colleagues and friends inevitably enquired regarding this to the petitioner and she became voiceless due to shame in so many occasions. The parents of the respondent had not taken any steps to prevent it even by a word and on the other hand encouraged the respondent by pouring cursory words on the petitioner.
9. On the second month of the marriage that is in the month of May 2012 the petitioner became pregnant. The respondent compelled her to terminate the pregnancy and at the outset the petitioner denied his requirement, but under the persuade of parents of the respondent and the respondent again and again forced her to do and on the occasion she was dragged down from the bed by the respondent, due to which she received injuries and on perplex of any injury to the gestation she undergone medical checkup at two different hospitals and under gone a scanning and by luck nothing was happened to the gestation and it was intact. The respondent and his parents insisted the petitioner to say everyone that the pregnancy was miscarried due to fall in the bathroom and not to revel the truth what is happened.
10. After propagating the pregnancy was miscarried to everyone to everyone by the respondent and his parents and insist the petitioner to say alike them, on 17.07.2012 the respondent decisively taken the petitioner to Avinashi and admitted her in a hospital named “Amrithammal Mahaperu Maruthuvamane” at Peroor, Avinashi and fraudulently the respondent obtained her consent for the medical termination of the pregnancy and it carried out. After the abortion she was left at her sister’s residence at Tirupur under the pretext of giving rest to the petitioner and the respondent gone back to his abode at Pandalur.
11. Thereafter respondent himself vacated the rented premises at Gudalur without the knowledge of the petitioner and removed his things including the dowry articles worth about Rs:- 50000/-(Rupees fifty thousand only) belongs to the petitioner. The petitioner stayed a while with her sister at Tirupur and requested the respondent through phone to bring her back to the matrimonial house, but the respondent dodged her request by saying he has no time to come to Tirupur, so on 26.07.2012 the petitioner alone came from Tirupur to matrimonial house at Pandalur, but the respondent pushed her out from the matrimonial house with the aid of his parents especially the mother of the respondent. The petitioner was in a heavy bleeding condition and abdominal pain due to the abortion and was not in a position to bear up without the
(con..4..)
..4..
assistance of someone, so the petitioner sought asylum on her parent’s house at Ponnani and thereafter living with her parent’s house. The respondent took no steps to take her back in the marital fold.
12. That the attitude of the respondent towards the petitioner was very rude and indifferent from the very early days of the marriage. Even during this short period of cohabitation, the behaviour of the respondent was erratic, inhuman and unbearable. The petitioner was silent sufferer always fulfilled illegal demands of the respondent time to time. The matrimonial relation between the petitioner and respondent was full of turbulence. The behavior of the respondent was far from normal. The respondent would pretend and threatened to kill her. So many occasions the respondent tortured the petitioner black and blue and even wrenched her hands and tried to strangulate her by squeezing her throat and it became sore and it lasted for so many days. Respondent by his persistent alcoholism and abnormal behaviour under the ecstasy inflicted physical and mental cruelty on the petitioner. Humiliation suffered by her was too much..The respondent was capable of taking any extreme steps to humiliate and torture the petitioner.
13. The parents of the respondent always taunted the petitioner and said if she was interested to live in the matrimonial house or to live with the respondent she would have to bear all the atrocities and cruelties. The parents of respondent always cursed the petitioner that if their son married to a reach girl they could be live in a much comfortable way and wounding the petitioner for the reason she is hailing from a poor family as her father and mother are daily labours in the small estates. At the behest of his family members the respondent started harassing and beating the petitioner. Behaviour of the respondent and his family members was very cruel to the petitioner. Due to the persistent mental and physical torture, she had no other option but to file a case against the respondent before All women Police Station, Devala as the petitioner was of the opinion that if any official interfered in the matter and advice, the respondent would leave his bad habits, so the petitioner preferred a petition narrating to the incidents before the All Women Police, Devala on 11.07.2012. The Sub-Inspector of police, Devala treated the petition as a petition received under Community service and issued a receipt bearing No 153/12 under the community service record and called the respondent on 12.07.2012 and advised him in the presence of parents of both side. In the presence he assured such incidents shall not happen in future, but the respondent was not obliged to do so and it was in vain and the respondent again maltreated the petitioner by abusing mentally and physically and above narrated abortion under coercion was taken.
(con..5..)
..5..
14. After the abortion the respondent took no steps to take her back in the marital fold and on 26.07.2012 the respondent denied her the access to matrimonial house where she is entitled to live as she shared this house with the respondent after the marriage, so she was constrained to file a Complaint under the provisions of Protection of Women from Domestic Violence Act before the Hon’ble Judicial Magistrate. Gudalur bearing No M.C./2012 and same is pending before the Hon’ble Court.
15. That after the petitioner started to stay and live with her parents’ house at Ponnani, the respondent used to come to the vicinity of the petitioner’s residence and befriended with some antisocial persons and started to propagate obnoxious and slanderous gossips against the petitioner and her parents and even gone for the extent of instruct the above persons to mock on her in the public places. As the petitioner is an employ used to travel in the bus to and from the house, the respondent and his insanitary friends spitefully making unparliamentarily annotations upon the petitioner. Even after the respondent received the notice under The Protection of Women from Domestic Violence Act from the Hon’ble Court the respondent was not restrained from his atrocious act and repeated more vigorously on so many occasions including troubling the petitioner inside the bus in front of the public and other passengers. Even after receipt of the notice from me and from the Hon’ble Judicial Magistrate Court Gudalur, in four occasions the respondent came to the work place of the petitioner and attempted to make trouble to the petitioner, which was thwarted by the other staffs and colleagues by sending him out of the office.
16. That on 03.10.2012 when the petitioner with her parents and relatives approached the respondent at his house to pacify them and sort out the problem amicably within the family. At the time the respondent and his parents demanded to return the “mangal sutra” nuptial tied by the respondent and compelled the petitioner to remove it from her neck and respondent turned out petitioner and other well wishers from the matrimonial house.
17. Since from the 1st week of the marriage itself respondent and his parents started to black mailing petitioner and her family members for more monies. The respondent threatened to petitioner and her family members intimidating petitioner for dire consequences. The respondent received house hold articles worth of Rupees fifty thousand from the petitioner’s parents soon after the marriage under the pretext for the need of the use in the rented house at Gudalur, which was allegedly took on rent for the convince of the petitioner to go for the occupation. The above house hold things were kept in the custody of the respondent after the respondent vacated the rented house at Gudalur.
(con..6..)
..6..
Soon after the marriage the respondent demanded the gold ornaments of the petitioner which was given by her parents at the time of marriage under the guise of their indebt due to the marriage expense and petitioner handed over approximately 40 grams( 4 sovereigns) of gold ornaments worth about one lakh rupees to the respondent. The respondent had refused to return the entire dowry articles and money and jewelries of the petitioner even after they demanded to return the “mangal sutra” and it is in the custody of the respondent.
18. The petitioner apprehends that if she would live with the respondent again then respondent would cause her death and the marriage was irretrievably breakdown. It has become intolerable for the petitioner to suffer the mental and physical cruelties any longer and to live together is highly impossible, hence the petitioner wants to dissolve her marriage immediately. So she caused a legal notice call upon the respondent to execute the Divorce Deed and Papers etc. dissolving this marriage immediately within a period of 10 days from the date of receipt of this legal notice to the respondent on 05.10.2012 through her counsel by registered post which was received by the respondent on 10.10.2012.
19. After receipt of the said notice the respondent given a reply notice dated 13.10.2012 through his counsel with untenable grounds and morefully denied the allegations of cruelties to the petitioner and put entire culpability upon the petitioner. Even after receipt of the legal notice for divorce, the respondent continuing his atrocities to the petitioner. So only she is constrained to file this petition.
20. The marriage is carried on 25.03.2012. The petition is presented within one year of the date of the marriage, since the cruelties suffered by the petitioner is intolerable and the possibility to live with the respondent under marital relationship is endanger to the life and limbs of the petitioner, the petitioner is in necessity to get the divorce before the statutory period .So this Hon’ble court may be pleased to treat this petition as one of the exceptional case of hardship to the petitioner and grant leave to present the petition. A separate petition under section 14(1) of the Hindu Marriage act with Affidavit is filed along with this petition to obtain leave of this Hon’ble Court to present this petition before the elapse of one year from the date of marriage.
21. There is no offspring out of this wedlock and there is no reasonable probability of reconciliation between the parties.
22. The petition is not presented in collusion with the respondent. The petition is not contained any misrepresentation or concealment of the nature of the case
(con..7..)
..7..
23. There has not been any unnecessary or improper delay in filing this petition.
24. There have not been any previous proceedings with regard to the marriage
or on behalf of any of the parties except the petition bearing M.C.No of 2012
filed under the provisions of Women from Domestic Violence Act pending before Hon’ble Judicial Magistrate Court. Gudalur.
25. The parties last resided together at, Pandalur Taluk, Nilgiris and the petitioner and the respondent now residing at Pandalur Taluk, Nilgiris, within the jurisdiction of this Hon’ble Court, hence this Hon’ble Court has jurisdiction to entertain this petition.
26. A Court fee of Rs.25/- is paid under Article 11(l) (ii) of the Tamil Nadu Court
Fee and Suit Valuation Act.
27. The petitioner therefore prays for the relief as,
(a). The marriage between the petitioner and the respondent may be dissolved by a decree of divorce under the grounds of cruelty.
(b). Cost of the Proceedings,
(C). Any such further relief’s may grant according to the circumstances of the case.
Dated on this the th day of 2012 at Udhagamandalam.
Advocate for Petitioner. Petitioner.
VERIFICATION
I, the above named petitioner states and solemnly affirmed that pares 1 to 27 of the petition are true to the best of my knowledge and belief and signed on this the th day of 2012 at Udhagamandalam.
Petitioner.
(con..8..)
..8..
List of Documents Filed
S.No Date Parties to the Document Description of Document
1
2
3
4.
5.
6 25.03.2012
11.07.2012
12.07.2012
05.10.2012
13.10.2012
12.10.2012 Petitioner and Respondent
Petitioner to AWPS Devala
Sub-Inspector AWPS Devala to Petitioner
Petitioner to respondent
Respondent to petitioner
Petitioner to respondent Marriage invitation
Xerox Copy of the Police Complaint
receipt of the complaint bearing No 153/12
Copy of legal Notice
Reply Notice
True Copy of the petition filed under section 12 of The protection of Women from Domestic Violence Act
Advocate for Petitioner. Petitioner
List Of Witness :-
1. , aged 58 Years,S/o Pandalur Taluk, Nilgiris
2.
3. A
Advocate for Petitioner. Petitioner.
VERIFICATION
I, the above named petitioner states and solemnly affirmed what are above stated in the petition are true to the best of my knowledge and belief and signed on this the 19th day of December 2012 at Udhagamandalam.
Petitioner.
IN THE COURT OF HON’BLE SUB-ORDINATE JUDGE,UDHAGAMANDALAM NILGIRIS.
H.M.O.P.No /2013
In the matter of Hindu Marriage Act 1955.
….Petitioner/Applicant
V/S
, …..Respondent
PROOF AFFIDAVIT
1.I Mrs. , aged 27 years, residing at , , Uppatty Post, Pandalur Taluk, Nilgiris, residing within the jurisdiction of All women police station Devala and Nellakotta police station and within the Jurisdiction of this Hon’ble Court do solemnly affirmed and state as followers:-.
2. I am the deponent herein and the petitioner in the accompanying petition and I am well were about the fact of this case.
3. The respondent is Mr. , Nilgiris, residing within the jurisdiction of this Hon’ble court and within the jurisdiction of Devala police station.
4.That the respondent married me on at “Arulmegu ” Pandalur, Nilgiris, according to Hindu rites and ceremonies in the presence of friends, relatives and family members of both the parties.
5.That after the marriage, for a short period we lived together as husband and wife and cohabited with each other at the matrimonial house at ... along with the father and mother of the respondent. After about two weeks of the marriage due to my employment we started to reside separately on a rented house at Gudalur on working days from Monday to Saturday and Saturdays and Sundays and other holidays stayed in the matrimonial house along with the father and mother of the respondent.
6. That at the time of solemnization of the marriage my parents had given sufficient dowry articles to the respondent as per the demands of the respondent and his parents. At the time of marriage the respondent was
(con..2..)
.2.
involved in unsocial activities, which was masked by the respondent and his parents decisively and deliberately from the knowledge of me and my parents.
6. The respondent was an addict to alcohol much before the marriage and he used to consume alcoholic liquor and in inebriated condition the respondent used to come to the house in late nights. Under the ecstasy of alcohol the respondent started to abuse me from the early days of the marriage. The respondent started adopting mentally and physical torment upon me from the 8th day of the marriage itself and whenever I tried to mend the respondent’s ways, then he and his parents mercilessly harassed and battered me. The respondent from the very beginning of the marriage days in the bedroom castigated me that I am a sex urged lady and a single man cannot satisfy me and showed surmise on my fidelity and chastity, which humiliated me mentally.
7.That I am an employ at Finance Company(P) Ltd, Gudalur Branch. The respondent and his parents demanded entire salary amount on their hands without any deductions for investments or even for my personal needs including for purchasing of sanitary things and other women needed things. The respondent insisted that if I am not able to oblige with this demand, I need not go for the job. The respondent with the help of his parents tired to restrain me from going to the job by physical assault.
8. The respondent battered me so many times even at the presence of his parents and even in the presence of my parents. The respondent always used grubby language to harass me even in front of my relatives and colleagues with an intention to taint my good image, which humiliated me and my image was tarnished in the middle of my friends and colleagues. The colleagues and friends inevitably enquired regarding this to me and I became voiceless due to shame in so many occasions. The parents of the respondent had not taken any steps to prevent it even by a word and on the other hand encouraged the respondent by pouring cursory words on me.
9. On the second month of the marriage that is in the month of May 2012 I became pregnant. The respondent compelled me to terminate the pregnancy and at the outset I denied his requirement, but under the persuade of parents of the respondent and the respondent again and again forced me to do and on the occasion I was dragged down from the bed by the respondent, due to which I received injuries and on perplex of any injury to the gestation I undergone medical checkup at two different hospitals and under gone a scanning and by luck nothing was happened to the gestation and it was intact. The respondent and his parents insisted me to say everyone that the pregnancy was miscarried due to fall in the bathroom and not to disclose the truth what is happened.
10. After propagating the pregnancy was miscarried to everyone by the respondent and his parents and insist me to say alike them, on 17.07.2012 the respondent decisively taken me to Avinashi and admitted me in a hospital
(con..3..)
.3.
named “Amrithammal Mahaperu Maruthuvamane” at Peroor, Avinashi and fraudulently the respondent obtained my consent for the medical termination of the pregnancy and it carried out. After the abortion I was left at my sister’s residence at Tirupur under the pretext of giving rest to me and the respondent gone back to his abode at Pandalur.
11. Thereafter respondent himself vacated the rented premises at Gudalur without my knowledge and removed his things including the dowry articles worth about Rs:- 50000/-(Rupees fifty thousand only) belongs to me. I stayed a while with my sister at Tirupur and requested the respondent through phone to bring me back to the matrimonial house, but the respondent dodged my request by saying he has no time to come to Tirupur, so on I alone came from Tirupur to matrimonial house at Pandalur, but the respondent pushed me out from the matrimonial house with the aid of his parents especially the mother of the respondent. I was in a heavy bleeding condition and abdominal pain due to the abortion and was not in a position to bear up without the assistance of someone, so I sought asylum on my parent’s house at Ponnani and thereafter living in my parent’s house. The respondent took no steps to take me back in the marital fold.
12. That the attitude of the respondent towards me was very rude and indifferent from the very early days of the marriage. Even during this short period of cohabitation, the behaviour of the respondent was erratic, inhuman and unbearable. I was a silent sufferer always fulfilled illegal demands of the respondent time to time. The matrimonial relation between me and respondent was full of turbulence. The behavior of the respondent was far from normal. The respondent would pretend and threatened to kill me. So many occasions the respondent tortured me black and blue and even wrenched my hands and tried to strangulate me by squeezing my throat and it became sore and it was lasted for so many days. Respondent by his persistent alcoholism and abnormal behaviour under the ecstasy inflicted physical and mental cruelty on me. Humiliation suffered by me was too much. The respondent was capable of taking any extreme steps to humiliate and torture me.
13. The parents of the respondent always taunted me and said if I am interested to live in the matrimonial house or to live with the respondent I would have to bear all the atrocities and cruelties. The parents of respondent always cursed me that if their son married to a reach girl they could be live in a much comfortable way and wounding me for the reason I am hailing from a poor family as my father and mother are daily labours in the small estates. At the behest of his family members the respondent started harassing and beating me. Behaviour of the respondent and his family members was very cruel to me. Due to the persistent mental and physical torture, I had no other option but to file a case against the respondent before All women Police Station, Devala as I was of the opinion that if any official interfered in the matter and advice, the respondent would leave his bad habits, so I preferred a petition narrating to the
(con..4..)
.4.
incidents before the All Women Police, Devala on . The Sub-Inspector of police, Devala treated the petition as a petition received under Community service and issued a receipt bearing No 153/12 under the community service record and called the respondent on 12.07.2012 and advised him in the presence of parents of both side. In the presence he assured such incidents shall not happen in future, but the respondent was not obliged to do so and it was in vain and the respondent again maltreated me by abusing mentally and physically and above narrated abortion under coercion was taken.
14. After the abortion the respondent took no steps to take me back in the marital fold and on 26.07.2012 the respondent denied the access to matrimonial house where I am entitled to live as I shared this house with the respondent after the marriage, so I was constrained to file a Complaint under the provisions of Protection of Women from Domestic Violence Act before the Hon’ble Judicial Magistrate. Gudalur bearing No M.C./2012 and same is pending before the Hon’ble Court.
15. That after I was started to stay and live with my parents’ house at , the respondent used to come to the vicinity of my residence and befriended with some antisocial persons and started to propagate obnoxious and slanderous gossips against me and my parents and even gone for the extent of instruct the above persons to mock on me in the public places. As I am an employ used to travel in the bus to and from the house, the respondent and his insanitary friends spitefully making unparliamentarily annotations upon me. Even after the respondent received the notice under The Protection of Women from Domestic Violence Act from the Hon’ble Court the respondent was not restrained from his atrocious act and repeated more vigorously on so many occasions including troubling me inside the bus in front of the public and other passengers. Even after receipt of the notice from me and from the Hon’ble
Judicial Magistrate Court Gudalur, in four occasions the respondent came to my work place and attempted to make trouble to me, which was thwarted by the other staffs and colleagues by sending him out of the office.
16. That on when I along with her parents and relatives approached the respondent at his house to pacify them and sort out the problem amicably within the family. At the time the respondent and his parents demanded to return the “mangal sutra” nuptial tied by the respondent and compelled me to remove it from my neck and respondent turned out me and other well wishers from the matrimonial house.
17. Since from the 1st week of the marriage itself respondent and his parents started to black mailing me and my family members for more monies. The respondent threatened me and my family members intimidating me for dire consequences. The respondent received house hold articles worth of Rupees fifty thousand from my parents soon after the marriage under the pretext for the need of the use in the rented house at Gudalur, which was allegedly took on rent for my convince to go for the occupation. The above house hold things
(con..5..)
.5.
were kept in the custody of the respondent after the respondent vacated the rented house at Gudalur. Soon after the marriage the respondent demanded my gold ornaments which was given by my parents at the time of marriage under the guise of their indebt due to the marriage expense and I handed over approximately 40 grams( 4 sovereigns) of gold ornaments worth about one lakh rupees to the respondent. The respondent had refused to return my entire dowry articles and money and jewelries even after they demanded to return the “mangal sutra” and it is in the custody of the respondent.
18. I apprehends that if I would live with the respondent again then respondent would cause death to me and the marriage was irretrievably breakdown. It has become intolerable for me to suffer the mental and physical cruelties any longer and to live together is highly impossible, hence I wants to dissolve my marriage immediately. So I caused a legal notice call upon the respondent to execute the Divorce Deed and Papers etc. dissolving this marriage immediately within a period of 10 days from the date of receipt of this legal notice to the respondent on 05.10.2012 through my counsel by registered post which was received by the respondent on 10.10.2012.
19. After receipt of the said notice the respondent given a reply notice dated through his counsel with untenable grounds and morefully denied the allegations of cruelties to me and put entire culpability upon me. Even after receipt of the legal notice for divorce, the respondent continuing his atrocities to me. So only I was constrained to file this petition.
20. The marriage is carried on 25.03.2012. The petition is presented within one year of the date of the marriage, since the cruelties suffered by me are intolerable and the possibility to live with the respondent under marital relationship is endanger to my life and limbs. I am in necessity to get the divorce before the statutory period .So this Hon’ble court may be pleased to treat this petition as one of the exceptional case of hardship to me and grant leave to present the petition. A separate petition under section 14(1) of the Hindu Marriage act with Affidavit is filed along with this petition to obtain leave of this Hon’ble Court to present this petition before the elapse of one year from the date of marriage.
21. There is no offspring out of this wedlock and there is no reasonable probability of reconciliation between me and the respondent.
22. The petition is not presented in collusion with the respondent. The petition is not contained any misrepresentation or concealment of the nature of the case
23. There has not been any unnecessary or improper delay in filing this petition.
24. There have not been any previous proceedings with regard to the marriage
on behalf of any of the parties except the petition bearing M.C.No of 2012
(con..6..)
.6.
filed under the provisions of Women from Domestic Violence Act before Hon’ble Judicial Magistrate Court. Gudalur, which was ordered as expartee in favour of me on
25. We were last resided together at, , Nilgiris and I and the respondent now residing at Taluk, Nilgiris, within the jurisdiction of this Hon’ble Court, hence this Hon’ble Court has jurisdiction to entertain this petition and pass orders on the petition.
26. I herewith marking 6 (six) numbers of Documents as exhibits to prove my
case.
27. I therefore prays for the relief as,(a). The marriage between me and the respondent may be dissolved by a decree of divorce under the grounds of cruelty.(b). Cost of the Proceedings,(C). Any such further reliefs may grant according to the circumstances of the case.
Solemnly affirmed and signed before me at Udhagamandalam on this the th day of July 2013
Advocate, Udhagamandalam
List of Documents marked as exhibits
S.No Date Parties to the Document Description of Document
1
2
3
4.
5.
6
05.10.2012
13.10.2012
12.10.2012 Petitioner and Respondent
Petitioner to AWPS Devala
Sub-Inspector
Respondent to petitioner
Petitioner to respondent Marriage invitation
Xerox Copy of the Police Complaint
receipt of the complaint bearing No 153/12
Copy of legal Notice
Reply Notice
True Copy of the petition filed under section 12 of The protection of Women from Domestic Violence Act
Deponent/ Petitioner
IN THE COURT OF HON’BLE SUB-ORDINATE JUDGE, UDHAGAMANDALAM NILGIRIS.
I.A.No /2012
IN
H.M.O.P.No /2012
In the matter of Hindu Marriage Act 1955.
….Petitioner/Applicant
Aged 27 years,
.
V/S
…..Respondent
PETITION UNDER SECTION 14(1) of HINDU MARRIAGE ACT 1955
The Petitioner most respectfully state as follows:-
1.The Petitioner is Mrs. , Pandalur Taluk, Nilgiris, residing within the jurisdiction of All women police station Devala and Nellakotta police station and within the Jurisdiction of this Hon’ble Court.
The address for service of the Petitioner is as stated above for the purpose of all process and notices from this Hon’ble court and in care of her counsel G.Santhosh, Advocate, Gudalur, Nilgiris.
2. The respondent is Pandalur Taluk, Nilgiris, residing within the jurisdiction of this Hon’ble court and within the jurisdiction of Devala police station.
The address for services of the respondent is as stated above for the purpose of all process and notices from this Hon'ble court.
(con..2..)
..2..
3.For the reasons stated in the accompanying affidavit it is prayed that this Hon’ble Court may pleased to grant leave to the petitioner to be presented, the accompanying petition under section 13(1)(ia) of the Hindu Marriage Act 1955 for Divorce, before one year has elapsed since the date the marriage is on 25.03.2012 .On the ground that the case is one of exceptional hardship to the petitioner and thus render justice.
Dated at Udhagamandalam on this the 19th day of December 2012
Advocate for petitioner. Petitioner
IN THE COURT OF HON’BLE SUB-ORDINATE JUDGE, UDHAGAMANDALAM NILGIRIS.
I.A.No /2012
IN
H.M.O.P.No /2012
In the matter of Hindu Marriage Act 1955.
….Petitioner/Applicant
.
V/S
…..Respondent
AFFIDAVIT
1.I Mrs. , Nilgiris, residing within the jurisdiction of All women police station Devala and Nellakotta police station and within the Jurisdiction of this Hon’ble Court do solemnly affirmed and state as followers:-.
2. I am the deponent herein and the petitioner in the accompanying petitions and I am well were about the fact of this case.
3. The respondent is Pandalur Taluk, Nilgiris, residing within the jurisdiction of this Hon’ble court and within the jurisdiction of Devala police station.
4.That the respondent married me on 25.03.2012 at “Arulmegu Thirukovil,” Pandalur, Nilgiris, according to Hindu rites and ceremonies in the presence of friends, relatives and family members of both the parties.
5.That after the marriage, for a short period we lived together as husband and wife and cohabited with each other at the matrimonial house at Koovamoola, Pandalur along with the father and mother of the respondent. After about two weeks of the marriage due to my employment we started to reside separately on a rented house at Gudalur on working days from Monday to Saturday and Saturdays and Sundays and other holidays stayed in the matrimonial house along with the father and mother of the respondent. (con..2..)
..2..
5. That at the time of solemnization of the marriage my parents had given sufficient dowry articles to the respondent as per the demands of the respondent and his parents. At the time of marriage the respondent was involved in unsocial activities, which was masked by the respondent and his parents decisively and deliberately from the knowledge of me and my parents.
6. The respondent was an addict to alcohol much before the marriage and he used to consume alcoholic liquor and in inebriated condition the respondent used to come to the house in late nights. Under the ecstasy of alcohol the respondent started to abuse me from the early days of the marriage. The respondent started adopting mentally and physical torment upon me from the 8th day of the marriage itself and whenever I tried to mend the respondent’s ways, then he and his parents mercilessly harassed and battered me. The respondent from the very beginning of the marriage days in the bedroom castigated me that I am a sex urged lady and a single man cannot satisfy me and showed surmise on my fidelity and chastity, which humiliated me mentally.
7.That I am an employ at and Finance Company(P) Ltd, Gudalur Branch. The respondent and his parents demanded entire salary amount on their hands without any deductions for investments or even for my personal needs including for purchasing of sanitary things and other women needed things. The respondent insisted that if I am not able to oblige with this demand, I need not go for the job. The respondent with the help of his parents tired to restrain me from going to the job by physical assault.
8. The respondent battered me so many times even at the presence of his parents and even in the presence of my parents. The respondent always used grubby language to harass me even in front of my relatives and colleagues with an intention to taint my good image, which humiliated me and my image was tarnished in the middle of my friends and colleagues. The colleagues and friends inevitably enquired regarding this to me and I became voiceless due to shame in so many occasions. The parents of the respondent had not taken any steps to prevent it even by a word and on the other hand encouraged the respondent by pouring cursory words on me.
9. On the second month of the marriage that is in the month of May 2012 I became pregnant. The respondent compelled me to terminate the pregnancy and at the outset I denied his requirement, but under the persuade of parents of the respondent and the respondent again and again forced me to do and on the occasion I was dragged down from the bed by the respondent, due to which I received injuries and on perplex of any injury to the gestation I undergone medical checkup at two different hospitals and under gone a
(con..3..)
..3..
scanning and by luck nothing was happened to the gestation and it was intact. The respondent and his parents insisted me to say everyone that the pregnancy was miscarried due to fall in the bathroom and not to disclose the truth what is happened.
10. After propagating the pregnancy was miscarried to everyone by the respondent and his parents and insist me to say alike them, on 17.07.2012 the respondent decisively taken me to Avinashi and admitted me in a hospital named “Amrithammal Mahaperu Maruthuvamane” at Peroor, Avinashi and fraudulently the respondent obtained my consent for the medical termination of the pregnancy and it carried out. After the abortion I was left at my sister’s residence at Tirupur under the pretext of giving rest to me and the respondent gone back to his abode at Pandalur.
11.Thereafter respondent himself vacated the rented premises at Gudalur without my knowledge and removed his things including the dowry articles worth about Rs:- 50000/-(Rupees fifty thousand only) belongs to me. I stayed a while with my sister at Tirupur and requested the respondent through phone to bring me back to the matrimonial house, but the respondent dodged my request by saying he has no time to come to Tirupur, so on 26.07.2012 I alone came from Tirupur to matrimonial house at Pandalur, but the respondent pushed me out from the matrimonial house with the aid of his parents especially the mother of the respondent. I was in a heavy bleeding condition and abdominal pain due to the abortion and was not in a position to bear up without the assistance of someone, so I sought asylum on my parent’s house at Ponnani and thereafter living in my parent’s house. The respondent took no steps to take me back in the marital fold.
12. That the attitude of the respondent towards me was very rude and indifferent from the very early days of the marriage. Even during this short period of cohabitation, the behaviour of the respondent was erratic, inhuman and unbearable. I was a silent sufferer always fulfilled illegal demands of the respondent time to time. The matrimonial relation between me and respondent was full of turbulence. The behavior of the respondent was far from normal. The respondent would pretend and threatened to kill me. So many occasions the respondent tortured me black and blue and even wrenched my hands and tried to strangulate me by squeezing my throat and it became sore and it was lasted for so many days. Respondent by his persistent alcoholism and abnormal behaviour under the ecstasy inflicted physical and mental cruelty on me. Humiliation suffered by me was too much. The respondent was capable of taking any extreme steps to humiliate and torture me.
(con..4..)
..4..
13. The parents of the respondent always taunted me and said if I am interested to live in the matrimonial house or to live with the respondent I would have to bear all the atrocities and cruelties. The parents of respondent always cursed me that if their son married to a reach girl they could be live in a much comfortable way and wounding me for the reason I am hailing from a poor family as my father and mother are daily labours in the small estates. At the behest of his family members the respondent started harassing and beating me. Behaviour of the respondent and his family members was very cruel to me. Due to the persistent mental and physical torture, I had no other option but to file a case against the respondent before All women Police Station, Devala as I was of the opinion that if any official interfered in the matter and advice, the respondent would leave his bad habits, so I preferred a petition narrating to the incidents before the All Women Police, Devala on 11.07.2012. The Sub-Inspector of police, Devala treated the petition as a petition received under Community service and issued a receipt bearing No 153/12 under the community service record and called the respondent on 12.07.2012 and advised him in the presence of parents of both side. In the presence he assured such incidents shall not happen in future, but the respondent was not obliged to do so and it was in vain and the respondent again maltreated me by abusing mentally and physically and above narrated abortion under coercion was taken.
14. After the abortion the respondent took no steps to take me back in the marital fold and on 26.07.2012 the respondent denied the access to matrimonial house where I am entitled to live as I shared this house with the respondent after the marriage, so I was constrained to file a Complaint under the provisions of Protection of Women from Domestic Violence Act before the Hon’ble Judicial Magistrate. Gudalur bearing No M.C./2012 and same is pending before the Hon’ble Court.
15. That after I was started to stay and live with my parents’ house at Ponnani, the respondent used to come to the vicinity of my residence and befriended with some antisocial persons and started to propagate obnoxious and slanderous gossips against me and my parents and even gone for the extent of instruct the above persons to mock on me in the public places. As I am an employ used to travel in the bus to and from the house, the respondent and his insanitary friends spitefully making unparliamentarily annotations upon me. Even after the respondent received the notice under The Protection of Women from Domestic Violence Act from the Hon’ble Court the respondent was not restrained from his atrocious act and repeated more vigorously on so many occasions including troubling me inside the bus in front of the public and other passengers. Even after receipt of the notice from me and from the Hon’ble
(con..5..)
..5..
Judicial Magistrate Court Gudalur, in four occasions the respondent came to my work place and attempted to make trouble to me, which was thwarted by the other staffs and colleagues by sending him out of the office.
16. That on 03.10.2012 when I along with her parents and relatives approached the respondent at his house to pacify them and sort out the problem amicably within the family. At the time the respondent and his parents demanded to return the “mangal sutra” nuptial tied by the respondent and compelled me to remove it from my neck and respondent turned out me and other well wishers from the matrimonial house.
17. Since from the 1st week of the marriage itself respondent and his parents started to black mailing me and my family members for more monies. The respondent threatened me and my family members intimidating me for dire consequences. The respondent received house hold articles worth of Rupees fifty thousand from my parents soon after the marriage under the pretext for the need of the use in the rented house at Gudalur, which was allegedly took on rent for my convince to go for the occupation. The above house hold things were kept in the custody of the respondent after the respondent vacated the rented house at Gudalur. Soon after the marriage the respondent demanded my gold ornaments which was given by my parents at the time of marriage under the guise of their indebt due to the marriage expense and I handed over approximately 40 grams( 4 sovereigns) of gold ornaments worth about one lakh rupees to the respondent. The respondent had refused to return my entire dowry articles and money and jewelries even after they demanded to return the “mangal sutra” and it is in the custody of the respondent.
18. I apprehends that if I would live with the respondent again then respondent would cause death to me and the marriage was irretrievably breakdown. It has become intolerable for me to suffer the mental and physical cruelties any longer and to live together is highly impossible, hence I wants to dissolve my marriage immediately. So I caused a legal notice call upon the respondent to execute the Divorce Deed and Papers etc. dissolving this marriage immediately within a period of 10 days from the date of receipt of this legal notice to the respondent on 05.10.2012 through my counsel by registered post which was received by the respondent on 10.10.2012.
19. After receipt of the said notice the respondent given a reply notice dated 13.10.2012 through his counsel with untenable grounds and morefully denied the allegations of cruelties to me and put entire culpability upon me. Even after receipt of the legal notice for divorce, the respondent continuing his atrocities to me. So only I was constrained to file this petition.
20. The marriage is carried on 25.03.2012. The petition is presented within one year of the date of the marriage, since the cruelties suffered by me are
(con..6..)
..6..
intolerable and the possibility to live with the respondent under marital relationship is endanger to my life and limbs. I am in necessity to get the divorce before the statutory period .So this Hon’ble court may be pleased to treat this petition as one of the exceptional case of hardship to me and grant leave to present the petition.
21. I curve the leave of this Hon’ble Court to read the accompanying petition Under Section 13(1)(ia) of the Hindu Marriage Act 1955 and accompanying affidavit as part and parcel to this petition.
22. There is no offspring out of this wedlock and there is no reasonable probability of a reconciliation between me and the respondent.
23. The petition is not presented in collusion with the respondent. The petition is not contained any misrepresentation or concealment of the nature of the case.
24. There has not been any unnecessary or improper delay in filing this petition.
25. There have not been any previous proceedings with regard to the marriage
or on behalf of any of the parties except the petition bearing M.C.No of 2012 filed under the provisions of Women from Domestic Violence Act pending before Hon’ble Judicial Magistrate Court. Gudalur.
26. We were last resided together at, Pandalur Taluk, Nilgiris and I and the respondent now residing at Pandalur Taluk, Nilgiris, within the jurisdiction of this Hon’ble Court, hence this Hon’ble Court has jurisdiction to entertain this petition.
Therefore it is prayed that this Hon’ble Court may pleased to grant leave to the petitioner to be presented, the accompanying petition under section 13(1)(ia) of the Hindu Marriage Act 1955 for Divorce, before one year has elapsed since the date the marriage on the ground that the case is one of exceptional hardship to the petitioner and thus render justice.
Solemnly affirmed and signed before me at Udhagamandalam on this the 19th day of December 2012
Advocate
IN THE COURT OF HON’BLE SUB-ORDINATE JUDGE, UDHAGAMANDALAM NILGIRIS.
H.M.O.P.No /2013
In the matter of Hindu Marriage Act 1955.
….Petitioner/Applicant
V/S
, …..Respondent
.
NOTICE
To,
Please take notice that, the above named petitioner has filed a petition for the dissolution of the marriage between you u/s.13(1)(ia) of the Hindu Marriage Act 1955.
The above petition is posted before the above court for your appearance by person or by pleader at 10.30. a.m. on
In default of your appearance the above petition will be heard in your absence and will decide ex-partee.
Given under my hand and signed on.
Advocate for Petitioner. Nazir.
IN THE COURT OF HON’BLE SUB-ORDINATE JUDGE, UDHAGAMANDALAM NILGIRIS.
H.M.O.P.No /2012
I.A.14/13
In the matter of Hindu Marriage Act 1955.
….Petitioner/Applicant
V/S
…..Respondent
NOTICE
To,
Please take notice that, the above named petitioner has filed a petition for the dissolution of the marriage between you u/s.14(1) of the Hindu Marriage Act 1955.
The above petition is posted before the above court for your appearance by person or by pleader at 10.30. a.m. on
In default of your appearance the above petition will be heard in your absence and will decide ex-partee.
Given under my hand and signed on.
Advocate for Petitioner. Nazir.
IN THE COURT OF HON’BLE SUB-ORDINATE JUDGE,UDHAGAMANDALAM NILGIRIS.
H.M.O.P.No /2012
In the matter of Hindu Marriage Act 1955.
….Petitioner/Applicant
V/S
…..Respondent
AFFIDAVIT
1.I Mrs. Nilgiris, residing within the jurisdiction of All women police station Devala and Nellakotta police station and within the Jurisdiction of this Hon’ble Court do solemnly affirmed and state as followers:-.
2. I am the deponent herein and the petitioner in the accompanying petition and I am well were about the fact of this case.
3. The respondent is residing within the jurisdiction of this Hon’ble court and within the jurisdiction of Devala police station.
4.That the respondent married me on 25.03.2012 at “Arulmegu Murugan Thirukovil,” Pandalur, Nilgiris, according to Hindu rites and ceremonies in the presence of friends, relatives and family members of both the parties.
5.That after the marriage, for a short period we lived together as husband and wife and cohabited with each other at the matrimonial house at Koovamoola, Pandalur along with the father and mother of the respondent. After about two weeks of the marriage due to my employment we started to reside separately on a rented house at Gudalur on working days from Monday to Saturday and Saturdays and Sundays and other holidays stayed in the matrimonial house along with the father and mother of the respondent.
(con..2..)
..2...
5. That at the time of solemnization of the marriage my parents had given sufficient dowry articles to the respondent as per the demands of the respondent and his parents. At the time of marriage the respondent was involved in unsocial activities, which was masked by the respondent and his parents decisively and deliberately from the knowledge of me and my parents.
6. The respondent was an addict to alcohol much before the marriage and he used to consume alcoholic liquor and in inebriated condition the respondent used to come to the house in late nights. Under the ecstasy of alcohol the respondent started to abuse me from the early days of the marriage. The respondent started adopting mentally and physical torment upon me from the 8th day of the marriage itself and whenever I tried to mend the respondent’s ways, then he and his parents mercilessly harassed and battered me. The respondent from the very beginning of the marriage days in the bedroom castigated me that I am a sex urged lady and a single man cannot satisfy me and showed surmise on my fidelity and chastity, which humiliated me mentally.
7.That I am an employ at and Finance Company(P) Ltd, Gudalur Branch. The respondent and his parents demanded entire salary amount on their hands without any deductions for investments or even for my personal needs including for purchasing of sanitary things and other women needed things. The respondent insisted that if I am not able to oblige with this demand, I need not go for the job. The respondent with the help of his parents tired to restrain me from going to the job by physical assault.
8. The respondent battered me so many times even at the presence of his parents and even in the presence of my parents. The respondent always used grubby language to harass me even in front of my relatives and colleagues with an intention to taint my good image, which humiliated me and my image was tarnished in the middle of my friends and colleagues. The colleagues and friends inevitably enquired regarding this to me and I became voiceless due to shame in so many occasions. The parents of the respondent had not taken any steps to prevent it even by a word and on the other hand encouraged the respondent by pouring cursory words on me.
9. On the second month of the marriage that is in the month of May 2012 I became pregnant. The respondent compelled me to terminate the pregnancy and at the outset I denied his requirement, but under the persuade of parents of the respondent and the respondent again and again forced me to do and on the occasion I was dragged down from the bed by the respondent, due to which I received injuries and on perplex of any injury to the gestation I undergone medical checkup at two different hospitals and under gone a
(con..3..)
..3..
scanning and by luck nothing was happened to the gestation and it was intact. The respondent and his parents insisted me to say everyone that the pregnancy was miscarried due to fall in the bathroom and not to disclose the truth what is happened.
10. After propagating the pregnancy was miscarried to everyone by the respondent and his parents and insist me to say alike them, on 17.07.2012 the respondent decisively taken me to Avinashi and admitted me in a hospital named “Amrithammal Mahaperu Maruthuvamane” at Peroor, Avinashi and fraudulently the respondent obtained my consent for the medical termination of the pregnancy and it carried out. After the abortion I was left at my sister’s residence at Tirupur under the pretext of giving rest to me and the respondent gone back to his abode at Pandalur.
11. Thereafter respondent himself vacated the rented premises at Gudalur without my knowledge and removed his things including the dowry articles worth about Rs:- 50000/-(Rupees fifty thousand only) belongs to me. I stayed a while with my sister at Tirupur and requested the respondent through phone to bring me back to the matrimonial house, but the respondent dodged my request by saying he has no time to come to Tirupur, so on 26.07.2012 I alone came from Tirupur to matrimonial house at Pandalur, but the respondent pushed me out from the matrimonial house with the aid of his parents especially the mother of the respondent. I was in a heavy bleeding condition and abdominal pain due to the abortion and was not in a position to bear up without the assistance of someone, so I sought asylum on my parent’s house at Ponnani and thereafter living in my parent’s house. The respondent took no steps to take me back in the marital fold.
12. That the attitude of the respondent towards me was very rude and indifferent from the very early days of the marriage. Even during this short period of cohabitation, the behaviour of the respondent was erratic, inhuman and unbearable. I was a silent sufferer always fulfilled illegal demands of the respondent time to time. The matrimonial relation between me and respondent was full of turbulence. The behavior of the respondent was far from normal. The respondent would pretend and threatened to kill me. So many occasions the respondent tortured me black and blue and even wrenched my hands and tried to strangulate me by squeezing my throat and it became sore and it was lasted for so many days. Respondent by his persistent alcoholism and abnormal behaviour under the ecstasy inflicted physical and mental cruelty on me. Humiliation suffered by me was too much. The respondent was capable of taking any extreme steps to humiliate and torture me.
(con..4..)
..4..
13. The parents of the respondent always taunted me and said if I am interested to live in the matrimonial house or to live with the respondent I would have to bear all the atrocities and cruelties. The parents of respondent always cursed me that if their son married to a reach girl they could be live in a much comfortable way and wounding me for the reason I am hailing from a poor family as my father and mother are daily labours in the small estates. At the behest of his family members the respondent started harassing and beating me. Behaviour of the respondent and his family members was very cruel to me. Due to the persistent mental and physical torture, I had no other option but to file a case against the respondent before All women Police Station, Devala as I was of the opinion that if any official interfered in the matter and advice, the respondent would leave his bad habits, so I preferred a petition narrating to the incidents before the All Women Police, Devala on 11.07.2012. The Sub-Inspector of police, Devala treated the petition as a petition received under Community service and issued a receipt bearing No 153/12 under the community service record and called the respondent on 12.07.2012 and advised him in the presence of parents of both side. In the presence he assured such incidents shall not happen in future, but the respondent was not obliged to do so and it was in vain and the respondent again maltreated me by abusing mentally and physically and above narrated abortion under coercion was taken.
14. After the abortion the respondent took no steps to take me back in the marital fold and on 26.07.2012 the respondent denied the access to matrimonial house where I am entitled to live as I shared this house with the respondent after the marriage, so I was constrained to file a Complaint under the provisions of Protection of Women from Domestic Violence Act before the Hon’ble Judicial Magistrate. Gudalur bearing No M.C./2012 and same is pending before the Hon’ble Court.
15. That after I was started to stay and live with my parents’ house at the respondent used to come to the vicinity of my residence and befriended with some antisocial persons and started to propagate obnoxious and slanderous gossips against me and my parents and even gone for the extent of instruct the above persons to mock on me in the public places. As I am an employ used to travel in the bus to and from the house, the respondent and his insanitary friends spitefully making unparliamentarily annotations upon me. Even after the respondent received the notice under The Protection of Women from Domestic Violence Act from the Hon’ble Court the respondent was not restrained from his atrocious act and repeated more vigorously on so many occasions including troubling me inside the bus in front of the public and other passengers. Even after receipt of the notice from me and from the Hon’ble
(con..5..)
..5..
Judicial Magistrate Court Gudalur, in four occasions the respondent came to my work place and attempted to make trouble to me, which was thwarted by the other staffs and colleagues by sending him out of the office.
16. That on 03.10.2012 when I along with her parents and relatives approached the respondent at his house to pacify them and sort out the problem amicably within the family. At the time the respondent and his parents demanded to return the “mangal sutra” nuptial tied by the respondent and compelled me to remove it from my neck and respondent turned out me and other well wishers from the matrimonial house.
17. Since from the 1st week of the marriage itself respondent and his parents started to black mailing me and my family members for more monies. The respondent threatened me and my family members intimidating me for dire consequences. The respondent received house hold articles worth of Rupees fifty thousand from my parents soon after the marriage under the pretext for the need of the use in the rented house at Gudalur, which was allegedly took on rent for my convince to go for the occupation. The above house hold things were kept in the custody of the respondent after the respondent vacated the rented house at Gudalur. Soon after the marriage the respondent demanded my gold ornaments which was given by my parents at the time of marriage under the guise of their indebt due to the marriage expense and I handed over approximately 40 grams( 4 sovereigns) of gold ornaments worth about one lakh rupees to the respondent. The respondent had refused to return my entire dowry articles and money and jewelries even after they demanded to return the “mangal sutra” and it is in the custody of the respondent.
18. I apprehends that if I would live with the respondent again then respondent would cause death to me and the marriage was irretrievably breakdown. It has become intolerable for me to suffer the mental and physical cruelties any longer and to live together is highly impossible, hence I wants to dissolve my marriage immediately. So I caused a legal notice call upon the respondent to execute the Divorce Deed and Papers etc. dissolving this marriage immediately within a period of 10 days from the date of receipt of this legal notice to the respondent on 05.10.2012 through my counsel by registered post which was received by the respondent on 10.10.2012.
19. After receipt of the said notice the respondent given a reply notice dated 13.10.2012 through his counsel with untenable grounds and morefully denied the allegations of cruelties to me and put entire culpability upon me. Even after receipt of the legal notice for divorce, the respondent continuing his atrocities to me. So only I was constrained to file this petition.
20. The marriage is carried on 25.03.2012. The petition is presented within one year of the date of the marriage, since the cruelties suffered by me are
(con..6..)
..6..
intolerable and the possibility to live with the respondent under marital relationship is endanger to my life and limbs. I am in necessity to get the divorce before the statutory period .So this Hon’ble court may be pleased to treat this petition as one of the exceptional case of hardship to me and grant leave to present the petition. A separate petition under section 14(1) of the Hindu Marriage act with Affidavit is filed along with this petition to obtain leave of this Hon’ble Court to present this petition before the elapse of one year from the date of marriage.
21. There is no offspring out of this wedlock and there is no reasonable probability of reconciliation between me and the respondent.
22. The petition is not presented in collusion with the respondent. The petition is not contained any misrepresentation or concealment of the nature of the case
23. There has not been any unnecessary or improper delay in filing this petition.
24. There have not been any previous proceedings with regard to the marriage
or on behalf of any of the parties except the petition bearing M.C.No of 2012 filed under the provisions of Women from Domestic Violence Act pending before Hon’ble Judicial Magistrate Court. Gudalur.
25. We were last resided together at, Pandalur Taluk, Nilgiris and I and the respondent now residing at Pandalur Taluk, Nilgiris, within the jurisdiction of this Hon’ble Court, hence this Hon’ble Court has jurisdiction to entertain this petition.
26. I therefore prays for the relief as,(a). The marriage between the petitioner and the respondent may be dissolved by a decree of divorce under the grounds of cruelty.(b). Cost of the Proceedings,(C). Any such further relief’s may grant according to the circumstances of the case.
Solemnly affirmed and signed before me at Udhagamandalam on this the 19th day of December 2012
Advocate
Advocate Ravinder
(Expert) 11 October 2013
The limitation to file DV case is one year from the date of occurrence of violence. For rest of the facts, I agree with above experts.
sathya
(Querist) 12 October 2013
Thank you experts for being so helpful...
sathya
(Querist) 17 October 2013
Hi experts,
As i told already, my marriage s not registered.but I have invitation cards photos etc.., My lawyer s telling tht nowadays marriage registration s compulsory and telling tht i cant file dowry case and will not have all benefits of registered marriage. Please guide me what r cases i can file and what are all i can not file. Thanks in advance.
sathya
(Querist) 17 October 2013
Hi experts,
As i told already, my marriage s not registered.but I have invitation cards photos etc.., My lawyer s telling tht nowadays marriage registration s compulsory and telling tht i cant file dowry case and will not have all benefits of registered marriage. Please guide me what r cases i can file and what are all i can not file. Thanks in advance.
Sudhir Kumar, Advocate
(Expert) 10 October 2013
