Upgrad LLM

divorce petition

Advocate

That the marriage between the Petitioner and the Respondent was solemnized on 4th February, 2010, according to Hindu rites and ceremonies in the presence of friends, relatives and family members of both the parties.

That after the marriage the petitioner had brought the respondent to the matrimonial home on 5th February, 2010 and on 7th February, 2010, PARTY was organized in which father and mother of Respondent, friends, relatives and family members of both the parties were present.

That according to the prevailing customs in Bengali Community Bride & bridegroom have to go to the house of bride’s parents within 10 (Ten) days after Marriage for “FIRA-ULTA” and accordingly on the direction of the respondents’ father, the Petitioner had decided to go for “FIRA-ULTA” on 10th February, 2010 but in the evening of 9th February, 2010, the respondent told that she will not return back from her paternal house from “FIRA-ULTA”  and the respondent also told the petitioner to remarry another Girl. The respondent told the petitioner to take her immediately to her mother’s house and she had started loitering towards the gate of the petitioner.

That, the petitioner had informed over telephone to the father of the respondent on 9th February and they came to meet the respondent on 10th February, they talked with the respondent for long time and left. Immediately after the parents of the respondent left the respondent become behaving like abnormally in the house of the petitioner and in front of their relatives, neighbors, she did not behave like normal bride. She even did not eat food properly and used poured water in food; she did not talk properly to the family members and relatives of the petitioner.

That, on  12th February, 2010 again the petitioner had informed and on the same day at evening the mother and father of the respondent came and the mother of the respondent had resided to the petitioner house with the respondent as her mother was well familiar with the respondent’s such abnormal conduct.

That on 14th February, 2010, respondents parents decided to take the respondent from petitioner’s house for Medical treatment and one Separation Agreement was executed merely on the request of the respondent’s father as they were doubtful about our honesty and the petitioner, the respondent, the father, mother of both the petitioner, respondent had signed in the presence of witnesses and advocate

That after 14/2/2010 the respondent’s parents neither come forward for settlement nor informed the petitioner about the progress of the health condition of the respondent, rather the respondent lodged a complain to the Women Cell & regd a case which came to the knowledge of the Petitioner only after receiving the sudden notice from that said Women cell, accordingly the petitioner was present before the Member of the women cell on 29/4/2010, there also the respondent and her parents started quarrel and demanded Money. Thereafter the member of the women cell become annoyed and requested the parents of the respondent to think about the future of their daughter rather than Money.

That on 9/12/2010 the respondent filed  a case under section 12 of the protection of women from Domestic Violence Act, 2005 (43 of 2005) by implicating falsely that the petitioner had kept gold ornaments, other gift items, sari etc. On 14/2/2010 , in the separation agreement between the petitioner and respondent duly acknowledged the List of Articles taken by the Respondent and List of article remain in the house of the Petitioner.

That the respondent also falsely implicated the petitioner that on 14/2/2010 the petitioner wrongfully confined the respondent and her parents and forcefully executed the Separation agreement but it is quite artificial and fabricated story presented by the respondent as after nearly 10 months since execution of the separation agreement the respondent wake up and alleged the petitioner for such

That the respondent also concealed the fact that she is a matriculate girl but from the separation agreement it is crystal clear that she could not sign her name in English correctly

That the respondent also implicated on her application u/s 12 of the protection of Women from Domestic Violence Act 2005 (43 of 2005) that on the night of Party  (7/2/2010) at the house of the petitioner , the respondent became surprise by observing that the Petitioner along with his friend behaving abnormally after taking Liquor which was utterly false

That the peaceful conjugal relation between the petitioner and the Respondent never begins and the entire dream of the Petitioner to have sweet home has burnt in to ashes since the marriage is not consummated from the beginning

That under the above compelling circumstances it has become impossible on the part of the Petitioner to re-join with the respondent and to consummate the marriage.

And the petitioner wishes to files Divorce petition for dissolution of the marriage between the Petitioner and the Respondent by granting a decree of Divorce.

 

Now, kindly forward your suggestion on what grounds and section as per HMA 1955, I can file the divorce petition.

Regards

 

 

 
Reply   
 
propra

you wrote in last para "Now, kindly forward your suggestion on what grounds and section as per HMA 1955, I can file the divorce petition."

 

 

You are an advocate..................Huuummmm

 

 

you made your wife sign the separation agreement.....on 14/02/2010.........Huuummmm

 

 

What should I reply to your query!!!!

 

 

GET   WELL   SOON!!!

 

 

Already there are a huge reservations, hurdles being faced by female unmarried/single LLBs aspiring to get married, which is unfortunate!!!

 

Its no way  derogation but sad tragedy of our society and a reaity....My apologies if I am husrting anyone....similar was the case with merchant navy employees who used to sail for like a 8-10 months at a stretch!!!.............

 

But such cases of male LLBs ..................it would make the fathers of daughters to take notice of it!!

 

 
Reply   
 


advocate

Hello Mr. Saptarishi, first of all more clarity is required..... since you are stating that abnormal behaviour of the Respondent and her parents taken for medical treatment... if you can say and prove that she is a moron or having mental illness etc.. then there is one of the valid grounds under HMA 1955 u/s. 5 ...  that is the only ground available for divorce in this case. 

 

regards 

 

ravi 

 
Reply   
 
Advocate

Don’t be super smart, I am an advocate and being as an advocate I m going to file suit on behalf of my client and I always used to take Learned members of this Club before filing any petition.

 

Its too unfortunate for me I get reply from wrong person hopefully a mentally disturbed human

 

So if u don’t have idea in any topic please keep distance from this club because it is a most important club for Junior lawyers and learned senior advocate

 
Reply   
 
Lawyer in Hyderabad.wats app no.9989324294

I think astrology will help to bride and bridegroom,  before getting marriage. call me 9989324294

 
Reply   
 
Law Consultant

@Saptarishi

 

As I understand from your post is that it's been an year now for this marriage and no consummation has taken place and it is the bride who kept the husband striving for marital pleasure then this would certainly amount to cruelity. Also also that this girl had signed on the agreement in front of few witnesses so they can supprt you story during this petition. And when they filed these cases without any ground and your client and his family was summoned by the Police, this also amounts to cruelity. Just cause she is a girl doesnt mean she only has reputation and your client could be summoned to police stations at any given point of time for no cause.

 

All the best

 

//peace

/Saurabh.V

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x