A Petition No.

/2018

IN THE COURT OF HON’BLE FAMILY COURT,

NASHIK, AT NASHIK

1. Mr. Chandrashekhar Babanrao Mahale,

Age:42, Occupation: Service.
R/o. Through Babanrao Tatya Mahale,
Flat No. 12, Garden plaza,
Pumping Station Road, Gangapurroad, Nashik 13,
Currenting Residing at, 2049, East Hakbary Place,
Chandler, Arizona, 85286. ......Applicant

versus
2. Dipkunwar Anandrao Mane, alias
Mrs. Dipkunwar Chandrashekhar Mahale,
Age:44, Occupation: service.
R/o. Through Anuradha Anandrao Mane,
1987 E, S/2, Pandit Park Apt.,
Rajarampuri, 9th Lane, Kolhapur, 416008 . ......Opponent

Application Under Section 13 of

the Hindu Marriage Act, 1955
Applicant most humbly submits before this Hon’ble court as follow that,

1) The applicant and opponent were married with each other

according to Hindu tradition and rituals on 15/9/2005, at Chintamani
Mangal Karyalaya, Gangapur Road, Nashik. The entire cost of this
marriage was done and beared upon by the applicant and their
parents. Husband and wife's relationship is still prevailing between
the applicant and opponent. Eventually two girls (1) Anjalisha, dated
September 4, 2010 (2) Amariva, dated July 7, 2012, have been born
out of this marital relationship. The eldest daughter Anjalisha is living
with the applicant, and the younger daughter is living with the
opponent.

2) Present applicant has studied B.E.M.E.A and has completed his

education, in Pune and higher education in America. Further, the
applicant is currently employed in Phoenix, United States and the
elder daughter Anjalisha is living with him. The opponent has also
studied B E. in Kolhapur, and has taken post-graduation education in
the United States, loan was taken for said education purpose and
debts are not repaid by the opponent. Prior to the marriage
opponent used to handle her own company at Kolhapur.

The applicant and the opponent met each other on social network
and after their acquaintance they liked each other and decided to get
married. Later, on the date of 8/5/2005, opponent went to meet
applicant's mother and father. After that, opponent used to contact
applicant’s parents frequently via telephone. Further, the marriage
 date of the applicant and opponent was been fixed. As father of
Opponent was not alive the applicant had suo moto agreed to take
and bear total expenses of the wedding. Accordingly, the marriage of
the applicant and the opponent was accomplished in Nashik on
15/9/2005. After the marriage, the applicant had organized reception
program at Hotel Sai Palace at his own expenditure. Also, as
opponent insisted big and grand reception was organized at Kolhapur
by the applicant at his own expenditure.
At the time of marriage, opponent was worn by nearly about 25
tolas of gold ornaments given to the applicant, which included
mangalsura, patlya(bangles), bangles, earrings, nath(nose ring),
necklace, as well as painjan(ankle ornament) and also other silver
ornaments such as virodi jodavi and traditional ornaments. Applicant
also gave Paithani saree and bharjari vastre, as well as some saris
were also gifted as per rituals to opponent’s mother and other
relatives. In this way, the applicant has spent nearly about Rs. 20
lakhs for marriage and couple of receptions, tourism and
honeymoon.

3) After the marriage, opponent had came reside with applicant

to Nashik. Till 1/10/2015, the applicant and the opponent were
residing at Nashik. After that, the applicant and the opponent went
to Kolhapur to attend the pre-organized reception program at
Kolhapur. After the program, the applicant, opponent and mother of
the opponent had gone to Goa for tour and honeymoon from
26/10/2005 to 30/10/2005. After returning from Goa, opponent
along with her mother had come to Nashik with the applicant for
 celebration of their first Diwali festival. Since the applicant was
employed at the time of marriage, the applicant went to the US on
3/11/2015. After that, in February 2006, the opponent went to reside
with applicant in United States.

4) The outward nature of opponent is very short tempered.

Opponent used to get irritated and upset by one thing or the other.
Whenever opponent used to get upset she would frequently get
physical with the said person and use abusive and foul language and
words used as was seen in her behavior. Opponent wanted all things
to be done and happen according to her whips and fancies if anything
did not workout according to her wish Opponent used to insult the
said person irrespective of the age and relation of the person she
would use any obsene and foul words whichever came to her mind
and humiliate the said person. These unnatural behavior of the
opponent was observed and noticed by the applicant, but applicant
was of the belief that by the course of time opponent’s nature might
change and all things will get harmonized. However, opponent use to
oftenly insult applicant and his parents. Opponent has a very greedy
mind for money and she always thinks for finding ways to grab
money from applicant and his parents. As a part of it, opponent had
demanded Rs. 10,00,000/- from applicant and his father. When the
applicant showed the inability to pay such a huge amount, opponent
put a lot of pressure on applicant and his parents, being helpless
before opponent applicant’s father deposited 10 lakhs on
10/10/2010 in opponent’s account. The details of the said money is
yet not given by the opponent. The nature of the opponent is
 extremely spendthriftful and she is of habit of doing unnecessary
expenditure, for which she used applicant's credit card. Due to the
continuous use of the card and its money is not paid on time,
resulting the applicant's credit card rating has been reduced.

5) In meantime, in January 2006, opponent had decided to buy her

own house at Pune. For which there was constant concern to the
applicant by the opponent. Being helpless by her act, the applicant
decided to buy house in Pune. When applicant showed his consent to
opponent’s request, opponent demanded to give attorney to her, for
which applicant refused to do so, the opponent had a great deal of
hassle and compelled applicant to give attorney in favor of opponent.
Using that attorney opponent made several economic frauds and
mess and purpose for which the attorney was made, that is, title of
that said flat is not yet made in favor of applicant and opponent Also,
there is still ambiguity in the amount given and amount paid out from
time to time. When opponent was asked about the said, opponent
insulted the applicant and abused him and refuse to give accounts.

After receiving the possesion of the house, opponent demanded

to give attorney in favor of her and her mother, and by putting
mental pressure on the applicant, opponent forcefully compelled to
make attorney in favor of her and her mother and misused that
attorney for monetary greed.

6) Even after returning to America, there was no change in the

behavior of the opponent, rather she became more aggressive. She
used to frequently quarrel, scowl, get physical with applicant, biting
on applicant’s body, scolding, and also used to break the furniture in
the house, these were some of her unnatural behaviors towards
applicant. Therefore, applicant asked her to take medical treatment,
on which opponent respondent saying m I mad to take medical
treatment and avoided taking medical treatment.

Due to the apparent nature of the opponent, she forced the

applicant to break off the relationship with his parents, relatives,
friends and others. If anyone had contact with him, opponent would
quarrel with the applicant. Also, from time to time the applicant's
mobile was inspected, and he was being asked for details about the
incoming and outgoing calls. There was a mental agony for the
applicant by the manic behavior of the opponent. The applicant is the
only child of his father, and due to the behavior of the opponent,
applicant’s parents could not approach him which adversely affected
applicants mind. Even when applicant used to call applicant he was
not allowed to receive their call. Or, opponent would herself receive
the call and abuse them using abusive words and did not let them
interact with each other. The applicant was extremely distressed
because of the nature of the opponent. The applicant and opponent
were living together in America from February 2006 to June 2007.
After that, opponent had come to India for a month, during which
time the applicant had also come to India for some time. At the same
time, the opponent has taken two attorneys from the applicant
forcibly.
When opponent came to India, the applicant had brought her to
 meet his parents in Nashik, there she made a huge quarrel and all the
people in the building had gathered in the house, and the opponent
abused applicant and his parents and she left. The applicant was
helpless and had has to go with opponent. Meanwhile, applicant and
opponent got custody of the New flat in Pune. Applicants parents
along with grandmother had went to Pune to settle the dispute and
misunderstanding between opponent and them. But Opponent again
had a quarrel with the parents and grandmother and also abused
them all and refused them to show and to entry the said new flat in
Pune.

7) After that, the applicant and the opponent returned to America.

The opposite was the same as before. She used to always abuse and
argue with applicant and she used to blame applicant for not getting
pregnant. After that, fortunately opponent got pregnant but
unfortunately, there was a miscarriage at that time. Again, on January 4,
2010, she got pregnant, during that period the applicant took great care
of the opponent. He also invited the opponent’s mother to America.
During that period on 4/9/2010, the girl Anjalisha was born. After about
two months, opponent’s mother returned to India. But due to the
provocative nature of the opponent, opponent used to argue with
applicant in front of the child also opponent was expecting a boy child
due to which opponent used to give ill treatment to the girl child and she
used to blame the applicant for the same as well. During that period,
opponent was doing a consultancy business owned by her in America.
But due to her ignorance, the company had to shut down. During the
intervening period, opponent again got pregnant and on 7th of July
2012, Amriva was born. Yet there was no change in the behavior of the
opponent, she was not willing to stay and reside with the applicant.
According to her, she was not interested in living with applicant, as she
wanted to live with another person, with whom she was in constant
touch.

8) In 2014 applicants parents visited America to see the

granddaughters and meet son and daughter-in-law. In fact, in the United
States as well , opponent gave ill-treatment to applicant and applicant's
parents and also mentally tortured them so that applicants parents
should not visit US and would return to India as soon as possible. In the
United States, the applicants mother was beat up by the opponent and
due to this situation, parents of applicant, returned to India early.

9) The relationship between the applicant and the accused had gone
to beyond repair. On 9/6/2015 Opponent along with the two girls
returned in India. Since then, she is residing with her mother in
Kolhapur. After coming back to India, opponent had decided not to
reside with applicant again, as a result she took along all the things and
material including gold and jewelry, clothes, documents filed everything
in her bag and everything is in her possession. When she returned to
India, she had decided not to associate with the applicant again. But her
aim was to find ways how more and more money can be grabbed from
the applicant and his parents. As part of this, the applicant's father had
opened a PF account in name of applicant and because of its maturity,
applicants father received a cheque of Rs. 5,60,000/- dated 9/8/2015,
opponent took custody of the said cheque and withdrawn the cheque by
herself.

10) Due to apparent behavior of the opponent there was a dispute

relating to the flat in Pune. For settlement of the dispute the applicant
had transferred 50,000/- dollar in account of opponent. But opponent
didn’t settle the dispute and the amount is also kept by the opponent.
So, as a result the possession of the flat went with the finance institute.

11) The applicant has made many attempts by himself and relatives
to make opponent came and reside with him, but inspite of honest
attempts of applicant nothing positive is achieved yet. The applicant has
returned to India two times for the same reason, and in those two visits
applicant has given nearly Rupees 2,50,000/- for the purpose of
expenditure to the opponent. Since there is no honest wish of the
opponent, she did not return to the applicant. And in the second trip, in
July 2016, opponent gave custody of elder daughter Anjalisha to the
applicant. Not only this, the applicant’s father had sent Maruti 800 car to
Kolhapur to pickup and bring opponent but the opponent took
possession of the vehicle and sent it back the driver. The said car MH 15
15-AS 9040 is still in possession of the opponent.

12) The applicant tried very hard to meet and contact opponent and
Amravi , but opponent refused to have contact with the applicant. Not
only this when elder daughter was contacted with the opponent,
opponent refused to talk with her as well and many times used to
opponent used to fill mind of daughter with negativity by telling bad and
lies about applicant and his parents. And after that she stopped taking
with her as well. Also, opponent is not taking proper care of the child in
her custody and has shown and is showing ignorance towards her
education.

In the meantime, opponent had send large messages to the

applicant and clearly expressed her mind that she is not willing to
associate and reside with the applicant. Not only this, by sending those
messages to other relatives of the applicant, opponent has defamed the
applicant and his family. In those messages, abusive and non apparent
wording were used by the opponent. Not only this, the opponent filed a
false to the local police in America that the applicant is harassing the
elder daughter But in the end of the inquiry the complainant's complaint
was proved to be false and frivolous.

13) The applicant had a honest desire to reside and associate with the
opponent. However, opponent never supported applicant and said that
she is not interested in applicant. The applicant is young; he needs
marital happiness. However, due to the behavior of the opponent he
can’t achieve that happiness also opponent is not interested in applicant
as she is interested in any other person. Opponent has made it clear that
the she doesn’t wish to reside and associate with applicant. Also
opponent has given mental harassment and torture to the applicant and
his parents. And has deprived applicant from getting marital happiness.
Opponent has left applicant and is living separately without any just and
proper reason. Thus, now it seems difficult for applicant and opponent
to reside and associate once again as before. Therefore, the present
application has been filed for getting divorce of the marriage of
applicant and opponent dated 15/09/2005.

7) Reason for Application: - Since date 10th June 2015, there is no

marital relation between applicant and opponent and since then they
are living separately. It happened and then happening daily.

8) The applicant and the opponent have been married in Nashik, they
have been registered with the Nashik-Marriage Registrar of Nashik -
4, hence the present application form is filed in this Hon’ble court
and has jurisdiction over it.

9) Court fee stamp of Rs. 100 / - is given on the present application.

10) The legal information required for this application is as follows,

1) The applicant and the opponent are Hindus.

2) Marriage of the applicant and opponents the first marriage.

3) Pre-Marital Name of opponent was Dipakunwar Anandrao

Mane and it has changed to ' Dipakunwar Chandrasekhar Mahale
after marriage.

4) Two Children out of relation of this marriage (1) Anjalisha,

dated 4/9/2010 and (2) Amriva dated. 7/7/2012.

5)The applicant and the opponent have not applied for this
 application in concurrence with consent.

6)There is no pending suit between applicant and opponent under

Hindu marriage act or any other civil suit.

18) The present applicant most humbly submits that

A) Marriage between applicant and opponent dated

15/09/2005 should be divorced and marital status of husband and
wife should be permanently dissolved.

B) Any other order or direction should be passed in the

favor of the applicant.
as the order should be issued
Nashik,

Dated 10/1/2018 .

Acknowledgement

I, Chandrasekhar Babanrao Mahale, age 42 years, business -

employment, ra. By Mr. Babanrao Tatya Mahale, Flat No.112, Garden
Plaza, Pumping Station Road, Gangapur Road, Nashik 13 Presently 2049,
East Hackneyberry Place, Bandler, Arizona 85286 states on the
authenticity that the entire text written in this application is true and
correct as per my knowledge and beliefs. I have made my mark under
this article.

(Applicant)

Fariest:

1) Exhibit 1 Application,

2) Documents list,
A) Marriage registration certificate,
B) Wedding book,
C) Applicant and opponent wedding photo,
D) Applicant's address Proof Xerox,

3) Address Memo,

4) Copy for opponent.

6) Copy of the counselor,

Filing Date : 10/01/2018