Thanks a ton for help and support through this forum. Based on
suggestion(s) read on the subject matter 498A, I am putting my prima
We are family of Four - me, mother, father and married Sister. My wife
side - herself, mother, father, unmarried brother,unmarried sister, her
grandma and many more relatives surrounding her parents house. Now I am
compelled to live near their home on the pretext of children, trivial
issues and differences that led with my parents by her including her a
total of 15 members from my her side and me single in our respective
Just to be frank, i nor my family members did ever enquire anything
about her before or after the marriage. After marriage because of her
doings we had to come to conclusion from her conduct, her former
employer and also her mother's cousin that something ado has happened
before marriage. I didn't take all with heart, as i just wanted a pure
living. I didn't put all this into petition as i didn't see her conduct
before marriage. Now when the trouble arose, i find most women are born
with deceit and lies. It is their instinct for procreation. So i am
finding fault with her. Because to my utter dismay, at the end of
fourth year i was considered inhuman as i was not given food when i
reached home after work around 22.30 Hrs even before telling to prepare
food at 18:00 hrs. As i could not go out and get food, used to sleep
empty or eat what is available at that time. This happened several
times. When i objected moving out after 22:00 hours she used to come
only after that time with her parents house being a furlong away.
Reason for objection was, earlier on this aspect when i asked to come
at 22:15 hours, she claimed it was very night and will not come. The
matter led to elders meeting later. There happened several family
meetings earlier on or more aspect, disregarding our contention to
bring a third person or their elder was never heeded by them.
As I was facing great mental injury and also physical injuries at time,
in March, 2010, I left my wife after hectic waiting of 4 years after
marriage only because i wanted to see a change in her behaviour on par
with that of a normal human being. Unable to bear torture by her and
her parents and relatives over there. But could not find any change
after these many years made me leave due to their cruel and mental
attitude, I no more wanted to see any mind games and didn't want to be
part of ugly verbal abuses day after day. As mental injuries are more
grevious than physical injuries, moreover it is in violation of my
fundamental right of living and dignity, i decided to quit.
There after my wife kept calling now and then for about a month, I
Untold harassment was resulted in the last few days before parting in
all the ways. The last night before my leaving was beyond words, all
through night fighting, scolding even physically and much more. She
even demanded money for conjugal life, for doing domestic work, for
facilitating me,........... list is endless.
So i have applied for divorce based on irretrievable breakdown which
can be attributed from the extract of the petition that is filed. I can
prove beyond reason by giving the written or an evidence of substance,
that the marriage has irretrievably broken down and ask the court to
intervene for dissolution of same; despite my wife shedding tears in
There is a vibhishan on their side named Bujji, the chief mentor for
this alliance with them, now on their side, no talk with her from a
long ago as she was made against us by false talk. She is a un-divorced
lawyer living with his father although his husband is alive who is
leading a single life for about 20 years after having their only girl
child. She is one bottleneck that i have to cross check her, not rely
blindly on my ex side knowledge, as she can double my case with some
unexpected moves, i want move cautious. The other reason being AB
failed twice earlier after giving notices.
Incidentally, the First Hearing we are about to give the 'present'
to be on the day of the marriage. It is damp sure that they will not
turn up(my wife side) and ask for a postponement being. Tuesday being
the day of hearing, is in-aspicious or very aspicious days to them, all
the 4 years they played the same game on this aspect of in-aspicious
days like - Tuesday, Wednesday, Friday, Sunday every time when she went
to her home, an innumerable times during these 4 years. Due to this
aspect she was made to stay for more than 2 years in their home
although when we were living in a individual house or living together
with my family. My place was like a boarding school as her mother works
in a school, whenever holidays, family events, functions came she used
to go by hook or crook, or along with me.
I was in much detail, as we ourselves see that there is not much
strength in the all the happenings, but the harassment when met can be
understood. They simply had bad word of mouth, improper behaviour,
conduct all through which led to current situation.
Thanks to all the forum members,
Modified to the one filed originally as i am not receipt of one filed,
but the basic idea remains the same all through.
DIVORCE PETITION FILED UNDER SECTION 13 OF HINDU MARRIAGE ACT, 1935
1. It is submitted that an arranged marriage according to the custom of Hindu Marriages, was performed between the Petitioner and the Respondent in Hyderabad on 10-08-2006. It is submitted that at the time of marriage the Petitioner did not take any dowry. It is submitted that at the time of marriage as a custom gold ornaments weighing 2 tulas, necklace weighing 2 tulas and two rings weighing 1 tulas was given to the Respondent by the Petitioner’s parents.
2. It is further submitted that after a week of their marriage the Respondent joined the company of Petitioner at his parent’s home where the Petitioner was living. The behaviour of the Respondent was beyond the reach of human expectation. On 26/08/2006 both the parents of Petitioners fell sick due to Chicken Guinea. But the Respondent left to former employers place without intimating the Petitioner who went to office who said to look after the ailing parents, with Marriage Photo Album at around 11.00 AM and returned home at 8.00 PM and did not reveal about her going when the Petitioner came from office later. The Respondent used to get up around 9.00 ‘O’ clock or later leaving all the house hold chores to Petitioner’s mother. Despite telling several times to take part in household chores she never changed her behaviour, in turn the Respondent used to pick quarrels with the Petitioner. This was brought to the notice of Respondents parents by the Petitioner several times but in vein. Vexed with the behaviour of the Respondent the Petitioner asked if she wanted any change, she can go to her parent’s house. Without the knowledge of the Petitioner’s parents, the Petitioner accompanied and dropped the Respondent at her parent’s house asking them to bring some change in Respondents behaviour and tell her how to live at in-laws place, just after 18 days of their marriage life. Later the Petitioner’s mother went and brought her back to the Petitioner’s home when she came to know the reason why the Respondent was made to leave.
3. It is further submitted that even after six months of their marriage there was no change in Respondent’s behaviour at Petitioner’s place. In turn, she used to talk on phones for hours together in the evenings till night 10.00 p.m showing negligence towards the Petitioner leaving all domestic chores on Petitioner’s mother even when the Petitioner came back from office. It is submitted that she used to behave in an eccentric manner when asked about her conversation in phones; she used to say that she is talking with the previous employer/employees wherein she worked and used to erase call register creating suspicion among the Petitioner and Petitioner’s Parents. It is submitted that the previous employer/employees used to call Respondent several times on the Petitioner’s landline phone. When this was questioned she gave an admant reply, that she will call whenever she want, and told you are in no way concerned to that and warned not to interfere in her matters. It is to be submitted that Petitioner’s father cooked self for three days when the Respondent was available in the house of Petitioner’s mother went out of station.
4. It is further submitted that in and around February, 2007 due to Respondents behaviour, the Petitioner aspired for a change after her demand of living separately, by taking a single bed room hall rented house at Nagole leaving alone Petitioner’s ailing parents. But there was no change in her behaviour. In turn, it worsened as the Respondent’s day started between 10.00 – 11.00 hrs and end at 02.00 am in night. She used to pick unnecessary quarrels now and then with the Petitioner when he questioned regarding domestic chores, petty issues and phone calls. It is further submitted that one day she had an altercation with the Petitioner during which, she behaved in a mentally disordered manner by hitting her head to the wall in the mid of the night and making unnecessary nuisance when the Petitioner pinpointed about one of her’s colleague. Disturbed with this the Petitioner, informed the same to Petitioner’s mother and left to intimate to Respondent’s parents in early hours of next day morning before 7 ‘0’ clock. On these words, the Petitioner’s mother came to Respondent’s place, she was shocked to see telephone wires were hanging to the fan and Respondent preparing for a climb over the table, with a conclusion that she was prepared for a suicide act and was rescued by Petitioner’s mother.
5. It is submitted that vexed with the behaviour of the Respondent the Petitioner went to his parent’s house and the Respondent left for her parent’s house at Baghlingampally and lived separately for more than a month. When there was no sign of her returning back, the Petitioner vacated the house at Nagole and again joined with his parents. The Respondent joined the Petitioner again in October 2007. Even after that there was no change in the behaviour and attitude of the Respondent. Later she conceived in the month of January, 2008 during that period also she her behaviour was not to an expectant mother. In August 2008, she left for delivery in 8th Month to her parents home and gave birth to twins (1 male and 1 female child) in a hospital in New Nallakunta on 04-09-2008.
6. It is submitted that the Respondent joined the Petitioner in and around February, 2009. The Respondent used to pick up innumerable quarrels with the Petitioner and his parents. Her behaviour was beyond the expectation of a mother. This resulted in high temper among the in-laws and the Petitioner’s. In April, 2009 the Respondents parents and others came in and around 11.30 p.m and others picked up quarrel with Petitioner and Petitioner’s parents. A severe wordy duel ensued among both the parties to an extent that, the mother of the Petitioner was knocked by mother of Respondent’s mother. Due to which the Petitioner’s mother was admitted in Hospital, assisted by the Respondent‘s Parents and others. On the following night, the Respondent again picked up quarrel with the Petitioner and informed the Petitioner’s father who was in the hospital that the Respondent will go to Police Station. Petitioner’s father informed the matter to Respondent’s father to take back his daughter and send back her after discharge of the Petitioner’s mother from the hospital. Respondent’s father took his daughter to his house but did not send back after the discharge of the Petitioner’s mother. Respondent’s father kept his daughter in his house despite several requests made by the Petitioner’s father to send Respondent back.
7. It is further that submitted that the Petitioners parent with the irresponsible behaviour of in-laws asked to go and live separately near the Respondents house for the welfare of Petitioner, aspiring some change in the living behaviour of her with an intention, not to disturb the marital relationship between the Petitioner and Respondent. Subsequently the Respondent took one Single Room hurriedly for Rs.3000/- for single bed room flat articles on hearing this near Respondent’s house. But the attitude of the Respondent did not change even, kept quarrelling for a big house, and did not use to bring children, no timely or no food in night. Later shifted to another 3 room house, despite it no change. Even after that she did not use to co-operate in all the aspects of married life.
8. It is further submitted that on 13th December, 2009 a panchayat was held between both the parties along with 4 outside elders of the society at Petitioner’s house. Again the Respondent behaved in a rash and negligent manner with the support of Respondent’s parents and relatives. Even Respondent’s father, her brother and Uncle attacked the Petitioner and Parents using abusive language. The Respondent’s father even called Petitioner’s father as “Kojja” while the discussion was ensued. . Finally, it was advised to Respondent to change her attitude and also to Respondent’s Parents and asked to adjust with the Petitioner. The same was told to the Petitioner.
9. It is submitted that all the efforts put went in vein even after that. In March, a high altercation ensued between the Petitioner and the Respondent due to the latter’s behaviour. High drama ensued next day as Respondent’s brother and next day Respondent’s father attacked the Petitioner using abusive language. This made the Respondent leave the company of the Petitioner in the month of March, 2010 from Petitioners house. Thus, the Respondent is living with her parents since March 2010 by taking children with her and from that date she is demanding Rs. 10,000/- to have a conjugal life with the Petitioner.
Therefore vexed with the behaviour of the Respondent and due to the above said reasons the Petitioner prays that the Hon’ble Court may be pleased to grant decree of divorce under Section 13 of Hindu Marriage Act, 1935.