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HIDAYATULLAH NATIONAL LAW UNIVERSITY

RAIPUR (C.G)

Drafting, Pleading and Conveyance


Petition for Dissolution of Marriage under Hindu Marriage Act
1955
Submitted To-
Ms. Neha Sinha
Faculty – Drafting, Pleading and Conveyance
Submitted by-
Muktesh Swamy
Sem VIII Sec C
Roll no 94
ACKNOWLEDGEMENTS

I feel highly elated to work on the topic “Petition for Dissolution of Marriage under Hindu
Marriage Act 1955”

The practical realization of this project has obligated the assistance of many persons. I express
my deepest regard and gratitude for Ms. Neha Sinha Ma’am, Faculty of DPC. Her consistent
supervision, constant inspiration and invaluable guidance have been of immense help in
understanding and carrying out the nuances of the project.

I take this opportunity to also thank the University and the Vice Chancellor for providing
extensive database resources in the library and through the internet.

Some printing errors might have crept in, which are deeply regretted. I would be grateful to
receive comments and suggestions to further improve the project.

Muktesh Swamy

Sem VIII

R.No. 94
CONTENTS
1. Introduction................................................................................................................... (4)

2. Jurisdiction…………………………………………………......................................... (5)

3. Facts……………………….............................................................................................(7)

4. Petition……………………………………….................................................................(9)
INTRODUCTION-
Under the Hindu Marriage Act 1955, a marriage between two Hindus can only be dissolved by
the way of Divorce. Section 13 of the Hindu Marriage Act deals with the dissolution of
Marriage. Under the Act, divorce can only be granted on the grounds of:

1. Cruelty, physical or mental


2. Petitioner’s consent to marriage obtained by Fraud
3. Voluntary Sexual Intercourse with any person other than the Spouse
4. The Defendant is or has become of Unsound Mind
5. Deserted the petitioner for a period of 2 years immediately preceding the Divorce petition
6. Any of the party ceased to be Hindu
7. Suffering from an incurable and virulent form of leprosy
8. Suffering from syphilis in a communicable form, the disease having been contracted from
someone other than the petitioner
9. Renounced the World
10. Has not been heard of as alive since the past 7 years

The list of grounds does not end here as Section 13 goes on to enumerate further grounds. They
are:

1. Non compliance with a decree of Judicial Separation


2. Non compliance with a decree of Restitution of Conjugal Rights

Other than these grounds, Section 13 provides special grounds to a wife under clause 2 to file for
divorce. These grounds are:

1. indulgence of the husband in rape or sodomy


2. remarriage by husband while the wife is still alive
3. if a girl has been married before the attainment of 15 years of age and renounces her
marriage before she has attained 18 years of age
4. in cases of non cohabitation for a period of one year and the husband has neglected the
judgment of fulfilling the maintenance awarded to the wife by the court
JURISDICTION

Petitions for Divorce are filed in the Family Court. The Family Courts are established under the
Family Courts Act 1984 and section 7 of the said Act gives jurisdiction of Divorce Petition to the
Family Court. The section reads out as:

7. Jurisdiction. –

1. Subject to the other provisions of this Act, a Family Court shall


a) have and exercise all the jurisdiction exercisable by any district Court or any
subordinate Civil Court under any law for the time being in force in respect of suits
and proceedings of the nature referred to in the Explanation; and
b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a
district Court or, as the case may be. such subordinate Civil Court for the area to
which the jurisdiction of the Family Court extends.

Explanation -The suits and proceedings referred to in this subsection are suits and proceedings
of the following nature, namely:

a) a suit or proceeding between the parties to a marriage for decree of a nullity marriage
(declaring the marriage to be null and void or, as the case may be, annulling the
marriage) or restitution of conjugal rights or judicial separation or dissolution of
marriage;
b) a suit or proceeding for a declaration as to the validity of a marriage or as to the
matrimonial status of any person;
c) a suit or proceeding between the parties to a marriage with respect to the property of the
parties or of either of them;
d) a suit or proceeding for an order or injunction in circumstances arising out of a marital
relationship;
e) a suit or proceeding for a declaration as to the legitimacy of any person;
f) a suit or proceeding for maintenance;
g) a suit or proceeding in relation to the guardianship of the person or the custody of, or
access to, any minor.
2. Subject to the other provisions of this Act a Family Court shall also have and exercise; a.
the jurisdiction exercisable by a Magistrate of the first class under Chapter IX (relating
to order for maintenance of wife, children and parents) of the Code of Criminal
Procedure, 1973 (2 of 1974); and b. such other jurisdiction as may be conferred on it by
any other enactment.
FACTS

1.The plaintiff, Bhanumati Gokhle and the defendant Govind Gokhle tied the matrimonial
knots after their respective families arranged their marriage for them.
2.The marriage was solemnized on 6th December 2010 by Hindu traditions.
3.The two parties lived peacefully there were no reports of any usual tiff between the two.
4.However after about a year into marriage, Govind’s business ran into difficulties because of
the business deals he had done with the plaintiff’s brother which failed and as a result of
which he started devoting more and more time towards his business and less time towards his
family and the defendant.
5.By the end of the year 2012, the defendant’s business had recovered from its losses but it no
longer was giving the same level of returns that the defendant used to enjoy prior to this
happening and as a result the defendant lived in stressful state of mind all the times and had
became very frustrated, cranky and short tempered.
6.The defendant stated blaming the plaintiff for the run-in his business had suffered and
blamed the petitioner stating she had brought bad luck with her.
7.During this point of time the petitioner struck a friendship with Mr. Mohit Sharma who lived
in the same locality as the parties and this led to many a people in the society to gossip and
speculate that the two were having an affair. This information reached the defendant as well
but no altercation on record happened between the two regarding it.
8. On 22nd July 2013, the plaintiff delivered the couple’s first and only child till date whom the
couple named Bharat Gokhle.
9. Things went on like this only with little improvement in the relationship of the two for
sometime before the defendant started physically abusing the plaintiff after it was clear that
his business had stagnated.
10. The couple then had a huge fight on 1st of December 2016 regarding differences on the
marriage anniversary celebration party that the two were going to host. The differences were
on the grounds of the guest list and expenditure for the same.
11. In this fight the petitioner and the defendant bolt inflicted some serious damage on each
other and the petitioner ended up with fractured bones and was hospitalized.
12. The petitioner filed a complaint at the nearest police station and the plaintiff was arrested
but even after such incidents the ill treatment meted out towards the plaintiff never stopped
and alas the plaintiff finally decided to call an end to her marriage and hence this petition was
filed.
PETITION

In The Family Court Raipur

Petition No. ___ of 2017

Mrs. Bhanumati Gokhle, aged about 38 years Petitioner

Daughter of Mr. Hemant Kapadiya

A-10, Gokul Nagar, Raipur

Vs.

Mr. Govind Gokhle, aged about 40 years Respondent

Son of Mr. Babulal Gokhle

A-10, Gokul Nagar, Raipur

THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHEWETH:

1. That the Petitioner and the Respondent were lawfully married according to traditional Hindu
Vedic rites on the 6th day of December 2010 at the Ridge Hotel in Raipur. Hereto annexed
and marked Exhibit 'A' is a copy of the marriage certificate evidencing the said marriage.
2. The Petitioner and the Respondent are Hindu by birth and they continue to be so.
3. After the said marriage, the Petitioner and the Respondent cohabited and lived together at the
Petitioner's house for about six years. There was only one issue out of this marriage viz.
Bharat (son of 3 years).
4. The Petitioner states that from the month of July 2012, the Respondent began to ill-treat the
Petitioner, and from the month of September 2014, began to physically assault the Petitioner
without any cause whatsoever. For some time, the Petitioner made no complaint and
underwent such ill-treatment, hoping that the Defendant would see better sense. However, on
1st December 2014, the Respondent attacked the Petitioner with a stick and inflicted serious
injuries leading to multiple fractures in hand and leg of the Petitioner. The Petitioner
thereupon lodged a complaint at the Gokul Nagar Police Station, being complaint
No.277/2014. The Petitioner craves leave to refer to and rely upon a copy of the said
complaint when produced.
5. The Petitioner says that as a result of the aforesaid injury inflicted on the Petitioner by the
Respondent, the Petitioner had to be hospitalized for six days. The Petitioner craves leave to
refer to and rely upon the Medical Certificate issued by Dr. Mathur who treated the Petitioner
at Mathur Hospital.
6. The petitioner says that even thereafter, the Respondent continued to treat the Petitioner in a
cruel and violent manner. The Petitioner says that such cruelty has cause an apprehension in
the mind of the Petitioner that it will be harmful and injurious for the Petitioner to continue to
live with the respondent.
7. There is no collusion or connivance between the Petitioner and the Respondent in filing this
Petition.
8. The Petitioner is claiming alimony @ Rs. 15000 per month from the Respondent.
9. No other proceedings with respect to the marriage between the Petitioner and the Respondent
have been filed in this Honorable Court or in any other Court in India.
10. That the cause of action arose in the month of December 2014 when the Respondent inflicted
serious injury upon the plaintiff and despite filing a police complaint did not amend his ways.
11. The Petitioner and the Respondent were married in Raipur and last cohabited in Raipur
within the territorial limits of the jurisdiction to entertain, try and dispose of the present
Petition.
12. The Petitioner being a lady is exempt from payment of Court fees.
13. The Petitioner will rely on documents, a list whereof is annexed hereto.
Bhanu.

(Petitioner)

The Petitioner therefore prays:

1. That this Honorable Court be pleased to decree a dissolution of the said marriage between
the Petitioner and the Respondent;
2. That the Petitioner be granted alimony @ Rs. 15000/- per month;
3. That the Respondent be ordered and decreed to pay to the Petitioner the costs of this
Petition; and
4. For such further and other reliefs as the nature and circumstances of the case may require.
Bhanu.

(Petitioner)

Ravi M.

(Advocate)

VERIFICATION

I, Bhanumati Gokhle, the Petitioner above named, do hereby solemnly declare and say that what
is contained in paragraphs 1 to 9 is true to my knowledge and that what is stated in paragraphs 10
to 13 is stated on legal advice and I believe the same to be true.

Affirmed at Raipur on Bhanu.

1st day of January 2017 (Plaintiff)

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