Condonation (cruelty / desertion)

Para 1: That the marriage between the petitioner and the respondent was solemnised on 10.10.1999 according to Hindu rites and ceremonies. It was an arranged marriage. An affidavit of the petitioner to this effect is annexed herewith. {THEY ARE STANDARD PLAINT HENCE NOT CHALLENGING}
 
Para 2: That the status of the petitioner and the respondent before marriage and at the time of filing the present petition including their age and place of residence is / was as under:- {THEY ARE STANDARD PLAINT HENCE NOT REPEATING THEM}

Para 3: That from the wed-lock of the petitioner and the respondent one female child named  XXX  was born on 25.07.2000 who is presently under the custody of petitioner.  {THEY ARE STANDARD PLAINT HENCE NOT CHALLENGING}

Para 4: That it is pertinent to mention here that petitioner earlier name was XXX however, after marriage she changed her name to XXXX.  {THEY ARE STANDARD PLAINT HENCE NOT CHALLENGING}

Para 5: That it is pertinent to mention here that since the date of the marriage, the      respondent has been creating all types of scenes in the family, and had also been creating troubles for the Petitioner as the respondent is a man of reserve nature, however, the petitioner tried to reconcile the matter, but of no use and the activities of the respondent continued to cause mental torture upon the petitioner as he was in the habit of even stopping the petitioner not to talk to any one either to the friends or any one else and whenever the petitioner used to talk to any one in the locality the respondent always had a doubt upon the petitioner and this caused a great mental torture to the petitioner. {THIS PARA IS PREVIOUS REFERENCE BEFORE CONDONATION N POSY JOINING CONDONATION DUE TO COHIBITION HAPPENED HENCE CHALLENGEABLE}

Para 6: That not only this in order to achieve the ill motive and with a view to cause mental torture upon the petitioner, the respondent mis behaved and insulted petitioner in worst manner and created a scene and further with a view to cause mental torture the respondent was in the habit of sleeping outside the bed room and never allowed to touch his personal things. [IF WE READ PARA 5 THEN THIS PARA THEN IT MEANS IT IS OF PREVIOUS PERIOD HENCE CONDONED HENCE NOW CHALLENGEABLE]
 
Para 7: That not only this but the respondent even at the time of the birth of the female child caused mental cruelties upon the petitioner and he never paid money to the petitioner for her day to day required and forced the petitioner to accompany the respondent to Pune where again the respondent caused all types of mental cruelties upon the petitioner even in the advance stage of pregnancy.[IF WE READ PARAS THEN THIS PARA THEN IT MEANS IT IS OF PREVIOUS PERIOD HENCE CONDONED HENCE NOW CHALLENGEABLE]
 
Para 8: That right from the date of the marriage the respondent used to taunt the petitioner and his family members on the plea that their status is not as per the status of the family of the respondent and on this issue the respondent was in the habit of picking up quarrels and even used to abuse the mother of the petitioner. [HERE VERY CLEVERLY SHE MAKES A CASE OF CONTINUATION BUT NO ACTS NO PLACE ARE MENTIONED HENCE NOW CHALLENGEABLE]
 
Para 9: That the petitioner tolerated all the things with a hope that with the passage of time the things will improve but instead of showing any improvement the habit of the respondent in causing mental torture and cruelty upon the petitioner and his family members increased day by day.[CHALLENGEABLE]
 
Para 10: That not only this but when the petitioner used to return from her work he used to enquire in detail about the office routine and when the petitioner used to explain the things the respondent instead of listening to the petitioner used to state that it is sheer wastage of time to go to the office and as such the respondent forced the petitioner to leave the service. {HERE SHE IS TAKING IN PRESENCE TENSE BUT HUSBAND HAS HER PF RTI RECORDS WHICH SAYS SHE WORKED BEFORE COMPROMISE AND AS LATE AS 2007 IN SAME COMPANY HENCE THIS PARA IS PERJURY PARA CHALLENGEABLE BY HUSBAND}
 
Para 11: That further with a view to cause the cruelty the respondent was in the habit that he never allowed the petitioner to sleep on the bed, and rather always forced the petitioner to sleep on the floor that too without the company of the respondent. All these things were done by him to cause mental torture upon the petitioner. {THEY COHIBITED HENCE CONDONATION IS THERE STILL CHALLENGEABLE PLEADING}
 
Para 12: That further the respondent never treated the petitioner like a wife and never performed his husbandly duties in a nice manner and rather always acted in a abnormal manner with a view to cause mental cruelty. {NO PLACE N INCIDENCE MENTIONED JUST AMBIGIOUS N VAGUE PLEADING HENCE CHALLENGEABLE}
 
Para 13: That even after the birth of the female child the behaviour of the respondent towards the petitioner and the minor child was abnormal as he never like the female child and was always interested that he should be allowed to live alone being of reserve nature and whenever female child used to weep the respondent always used to cry in loud voice as if he has become mental and all thee things were being done by him only with a view to cause mental cruelties upon the petitioner.
{HERE SHE REFERS TO PAST BEFORE DISMISSAL OF EARLIER DIVORCE AND AFTER ITS CONDONATION I.E. REJOING HOME SHE CAN'T RAISE SAME PITCH N ARE VAGUE PLEADING HENCE CHALLENGEABLE}
 
Para 14: That earlier the petitioner was forced to leave the matrimonial house on 13.11.2002   and thereafter the respondent filed a case for divorce and the petitioner filed a petition for grant of maintenance u/s 125 Cr.P.C. However thereafter the respondent assured the petitioner that he will behave in a normal manner and will not cause any cruelty and upon this assurance the petitioner along with her minor child joined the company of the respondent. {THIS IS MERE REFERENCE TO EARLIER CASE BUT SHE REJOINED HOME MEANS CONDONATION SO CAN'T BE TAKEN AS PLAINT PARA FOR CRUELTIES / DISERTION GROUNDS NOW HENCE CHALLENGEABLE}
 
Para 15: That thereafter the petitioner withdraw her petition u/s 125 CrPC and the respondent withdraw the case for divorce on 1.5.2006. Here it is pertinent to mention here that since the respondent withdraw the case of divorce the petitioner on her part withdrew the execution petition on 1.5. 2006 It is not out of the place to mention here that even the cheque issued by the respondent in lieu of the payment of the decreetal amount was also returned dishonored. {AGAIN SHE REFERING TO EARLIER DIVORCE CASE BUT SHE REJOINED HOME MEANS CONDONATION SO CAN'T BE TAKEN AS PLAINT PARA FOR CRUELTIES / DISERTION GROUNDS NOW N MOREOVER ONCE WIFE RETURNS BACK HOME AFTER WITHDRAWAL OF HIS DIVORCE SUIT HOW HUSBAND IS SUPPOSED TO MEET EARLIER DECRETAL AMOUNT ? HENCE CHALLENGEABLE}
 
Para 16: That accordingly the petitioner along with the minor child joined the matrimonial house on 5.5.2006 but to the utter surprise and shock of the petitioner after 2/3 days the behaviour of the respondent suddenly changed and he started behaving in the old fashion, and never allowed the petitioner to sleep on his bed and never allowed the petitioner to touch to his personal things and even the respondent never touched the female child or provide her with the love and affection. This all had a very bad effect on the mind of the petitioner as well as on the minor child. The respondent was doing all these things with a view to cause mental torture upon the petitioner.
{IN PARA 6 READ WITH PARA 11 AND NOW THIS PARA SHE IS CONTRADICTING HERSELF HENCE CHALLENGING}

The petitioner tolerated all thee till 9.8.2006 and thereafter the respondent forced the petitioner to leave the matrimonial house and since then the petitioner is living alone at the aforesaid address along with his minor child. {PRESENT TENSE SHE IS PLEADING HERE CHALLENGING}
 
Para 17: That the petitioner always tried to make the respondent understand and pacify to every thing but of no use. {NO PLACE NO ACTS MENTIONED HENCE CHALLENGING}

Para 18: That the respondent was in the habit of causing agony, torture and humiliation to the petitioner as she always finds happiness in such situation. {HOW CAN HUSBAND PLEASE A WIFE's WITH THESE IF SHE CLAIMS TO ENJOY THEM AS IN THIS PARA HENCE CHALLENGING}

Para 19: That he respondent had committed intolerable acts of cruelty upon the petitioner and made the life a hell. The acts and conduct of the respondent has caused extreme mental torture, pain and agony and due to the act of respondent the petitioner always felt heart, insulted and humiliated. {NO PLACE NO ACTS SPECIFICALLY PLEAD IN THIS PARA HENCE CHALLENGING}
 
Para 20: That all willful and fruitful efforts put forth by the petitioner have gone in vain as
the Respondent is totally reluctant to join the company of the petitioner since the date of separation and is adamant on her cruel behaviour. {CHALLENGING}
 
Para 21: That due to the all above stated acts of the respondent which gave mental torture, agony and embarrassment to the Petitioner she became a patient of re-active depression. {PERIOD IS NOT MENTIONED BY WIFE WHEN SHE WAS DIAGNOSED AS A PATIENT NOR SUBMITTED MEDICAL REPORTS HENCE CHALLENGING}
 
Para 22: That the aforesaid conduct of the respondent clearly reveals that he is no more interested in living with the petitioner in any manner whatsoever and hence the present petition for divorce. {CHALLENGING}
 
Para 23: That there is no collusion in filing the present petition before this Hon’ble Court.{STANDARD PARA IN PLEADING NOT CHALLENGING}  
 
Para 24: That the petitioner has not condoned the acts of cruelties of the respondent.{CHALLENGING}
 
Para 25: That there is no improper and unnecessary delay in filing the present petition.{STANDARD PARA IN PLEADING NOT CHALLENGING} 
 
Para 26: That there is no ground why relief prayed for should not be granted to the Petitioner. {CHALLENGING}
 
Para 27: That the petitioner submits that this Hon’ble Court has got the territorial jurisdiction
to entertain and decide the present petition as the parties to the marriage are residing in Delhi.{STANDARD PARA IN PLEADING NOT CHALLENGING} 
 
Pata 28: That the proper / fixed Court Fee has been affixed on this petition.{STANDARD PARA IN PLEADING NOT CHALLENGING}  

Para 29: That the petitioner has not filed any similar petition in any court of law. {STANDARD PARA IN PLEADING NOT CHALLENGING}

PRAYER

It is therefore most respectfully prayed that the marriage between the petitioner and the respondent may kindly be dissolved by a decree of divorce u/s 13 (ia) (ib) of HM Act in favor of the petitioner and against the respondent. {CHALLENGING}

 

Kindly read her divorce grounds paras and husband's comments in bold and advise accordingly.

Rgds.