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)
Residing at Sonawane Chawl, Chawl No. 38, )
Room No. 10, Behind Budh Mandir, )
Hariyali Village, Vikhroli (East), )
Mumbai: 400 083. )
.... PETITIONER
VERSUS
)
Aged __ years, Occupation: Rickshaw driver )
Presently residing at Room No. 54 , )
Sanghvi Bhavan, Bazar Road, )
Bandra (west), Mumbai – 400 050. )
.... RESPONDENT
To,
The Hon’ble Principle Judge
and other Puisine Judges of
this Hon’ble Family Court
according to Hindu Vedic Rites and Rituals. The Petitioner states that, the
properly completed and at the end as per the rituals the Petitioner had
been taken to her Matrimonial house located at Room No. 54, Sanghvi
Bhavan, Bazar Road, Bandra (west), Mumbai – 400 050 and thereafter both
of them along with the family members started residing at, the address
mentioned herein.
4. The Petitioner states that there is one issue from the said wedlock born on
25th July 2003, name Vijay Kumar at present residing with the Applicant
(Copy of the Birth Certificate have been annexed herewith for the kind
law of the petitioner), Mr. Shyam Deviprasad Vaishya (Elder Brother of the
Deviprasad Vaishya).
6. The petitioner states that as her marriage was arranged marriage and the
expenses of the marriage was born by the petitioner’s Father Mr. Shivram
Vaishya. The Total Expenses were upto Rs. 100000/- further the
Petitioner’s parents have given 2 grams gold Ring to the Respondent and
marry the Petitioner and so, he always use to pick up quarrel with the
Petitioner for the reason of insufficient dowry and for the other best
Respondent as she did not wanted to make any issue and desired to give
some time to the Respondent to get adjusted with her, as she was a new
member in their family, but, the behavior of the Respondent did not
parents are from lower middle class; their financial condition is not so
strong that they can fulfill the demand of the Respondent of Rs. 100000/-.
The petitioner states that her all convincing does not had any effect on the
Respondent.
11. The Petitioner states that, although the Respondent not only threatened
the Petitioner herself, but also threatened her parents, still she kept mum
about the atrocities committed upon her at the matrimonial house, as she
never wanted to add mental pressure upon her parental family members.
The Petitioner further states that, she was not only physically abused but
marriage till he was not paid the specified amount of dowry, this added to
extreme mental pressure on her, as she could not even express this fact
manners had become habit of the Respondent, as she never protested the
under fear of her life and limb, she was not even allowed to speak to her
the house hold work like cleaning cloths, washing utensils, sweeping and
cooking for all the family members with out and non of the family
went wrong in the work she was punished, beaten and was not give food
to eat.
The petitioner states that she was fed with the leftover food and many a
of the Respondent used to beat her, abuse her and her parents.
14. The Petitioner states that once the Respondent came drunk and saw that I
was sleeping on the mat, he hit her with the leg and asked when her father
is going to give the dowry amount. The petitioner states that before she
could reply the Respondent hit her with the leg at her abdomen which
caused injuries to her womb, she started screaming for help but no one of
the family members of the Respondent came to her rescue or save her
from the wrath of Respondent. (Copy of the medical Certificate have been
annexed herewith for the kind perusal of the Hon’ble Court and marked as
Exhibit – C (Colly).)
15. The petitioner states that she was forced to leave from her matrimonial
house along with her son, as the she was not fulfilling the demand from
time to time.
The petitioner states that since she did not had any other place to go she
that the Respondent was having a extra martial affairs with another lady
and want to marry her, so he has thrown the petitioner from his home.
17. The petitioner states that as she was hurdle in the second marriage of the
Respondent, so with planning one day the Respondent called her and
Respondent.
The petitioner states that the respondent had brought one paper with him
in the meeting and on which he asked her to sign her. The Respondent
stated that this was required for the admission of the son.
The petitioner states that the matter was typed and written in English, as
she is uneducated she was not able to understand or read what the papers
contained.
18. The petitioner states that she called the Respondent after the meeting and
relation and he has divorced her and regarding which the respondent said
which she has signed believing the words of the Respondent were actually
signatures on the divorce papers stating the papers for the admission of
their son. The petitioner states that the Respondent send the Xerox copy
of that paper through common relative for her perusal. (Xerox Copy of the
Deed of Mutual Separation have been annexed herewith for the kind
given the maintenance to support herself and her son, the Hon’ble
Rs. __________/- (Xerox Copy of the order have been annexed herewith
for the kind perusal of the Hon’ble Court and marked as Exhibit – E.
(Colly.))
20. The petitioner states that after the order of the Hon’ble Metropolitan
Magistrate also the Respondent has not given her maintenance as per the
order passed.
The petitioner states that the Respondent is not in contact and his
whereabouts is not known, even his family members are not ready to
herewith for the kind perusal of the Hon’ble Court and marked as Exhibit –
F. (Colly))
21. The Petitioner states the she does not find any way for reconciliation and
thus, she is left with no other option than that of moving a Petition under
sec. 13 (i) (a) of the Hindu Marriage Act, before this Hon’ble Court for
dissolution of marriage.
22. The Petitioner is presently residing at, Sonawane Chawl, Chawl No. 38,
Room No. 10, Behind Budh Mandir, Hariyali Village, Vikhroli (East),
Mumbai: 400 083, At her parental house and she lastly resided along with
the Respondent at their matrimonial house at, Room No. 54, Sanghvi
Bhavan, Bazar Road, Bandra (west), Mumbai – 400 050. Hence, this
Family Court.
26. The petitioner therefore prays that:
(i) be pleased to dissolve the marriage between the Petitioner and the
light of justice;
Petitioner,
VERIFICATION
I, MRS. LAXMIDEVI BACHHULAL VASIHYA, the Petitioner abovenamed, do hereby
state and verify that whatever has been stated in the foregoing paragraphs of the
Petition are true and correct to best of my knowledge and belief and I believe the
same to be true.
)
Residing at Sonawane Chawl, Chawl No. 38, )
Room No. 10, Behind Budh Mandir, )
Hariyali Village, Vikhroli (East), )
Mumbai: 400 083. )
.... PETITIONER
VERSUS
)
Aged __ years, Occupation: Rickshaw driver )
Presently residing at Room No. 54 , )
Sanghvi Bhavan, Bazar Road, )
Bandra (west), Mumbai – 400 050. )
.... RESPONDENT
)
Residing at Sonawane Chawl, Chawl No. 38, )
Room No. 10, Behind Budh Mandir, )
Hariyali Village, Vikhroli (East), )
Mumbai: 400 083. )
.... PETITIONER
VERSUS
)
Aged __ years, Occupation: Rickshaw driver )
Presently residing at Room No. 54 , )
Sanghvi Bhavan, Bazar Road, )
Bandra (west), Mumbai – 400 050. )
.... RESPONDENT
AFFIDAVIT IN AFFIRMATION
Deponent,
LIST OF DOCUMENTS
2.
B Birth Certificate of Son “vijay Kumar”
3.
C Medical Certificate
(Colly.)
4.
D Deed of Mutual Separation
(Colly.)
5.
E Domestic Violence Case papers
(Colly.)
F.
6. Order copy of maintenance
(Colly)
articles
8. H. Proof of identity
Jurisdiction
)
Residing at Sonawane Chawl, Chawl No. 38, )
Room No. 10, Behind Budh Mandir, )
Hariyali Village, Vikhroli (East), )
Mumbai: 400 083. )
.... PETITIONER
VERSUS
)
Aged __ years, Occupation: Rickshaw driver )
Presently residing at Room No. 54 , )
Sanghvi Bhavan, Bazar Road, )
Bandra (west), Mumbai – 400 050. )
.... RESPONDENT
)
Residing at Sonawane Chawl, Chawl No. 38, )
Room No. 10, Behind Budh Mandir, )
Hariyali Village, Vikhroli (East), )
Mumbai: 400 083. )
.... PETITIONER
VERSUS
)
Aged __ years, Occupation: Rickshaw driver )
Presently residing at Room No. 54 , )
Sanghvi Bhavan, Bazar Road, )
Bandra (west), Mumbai – 400 050. )
.... RESPONDENT
VAKALATNAMA
of July, 2016.
Accepted, Petitioner,
Advocates, High Court, Mumbai MRS. LAXMIDEVI BACHHULAL VASIHYA
Krishnachandra R. Upadhyay
Shriprashtha Complex Bldg. No. 135/A,
Flat No. 101/A, 2nd Rd., Nalasopara (W),
Palghar – 401203.
IN THE HON’BLE FAMILY COURT
AT BANDRA, MUMBAI
Petition No. of 2016
VERSUS
Krishnachandra R. Upadhyay
Shriprashtha Complex
Bldg. No. 135/A, Flat No.
101/A, 2nd Rd., Nalasopara
(W),
Palghar – 401203
(Contact No. 9323140512)
)
Residing at Sonawane Chawl, Chawl No. 38, )
Room No. 10, Behind Budh Mandir, )
Hariyali Village, Vikhroli (East), )
Mumbai: 400 083. )
.... PETITIONER
VERSUS
)
Aged __ years, Occupation: Rickshaw driver )
Presently residing at Room No. 54 , )
Sanghvi Bhavan, Bazar Road, )
Bandra (west), Mumbai – 400 050. )
.... RESPONDENT
TABLE OF INDEX
SR. NO. PARTICULARS PAGE NO.
1. Roznama
2. Petition
3. Affidavit in support of the Application
4. Affidavit in proof of evidence in support of the claim
in the Petition
5. Affidavit in Affirmation
6. List of Documents
7. Exhibits - A to F
8. Memorandum of Address
9. Application for appointing an Advocate
10. Vakalatnama
Exhibit - G
List of Streedhan
ROZNAMA
IN THE HON’BLE FAMILY COURT AT BANDRA, MUMBAI
PETITION NO. OF 2016
Date on which No. of. Date to
Peti ti on No. __________________ of 2016
the Applicati on Exh. which the
MRS. LAXMIDEVI BACHHULAL VASIHYA
came before ... Peti ti oner Applicati on
the Court for Versus is
MR. BACHHULAL DEVIPRASAD VAISHYA
any proceeding adjourned
... Respondent
(P.T.O.)
ROZNAMA
IN THE HON’BLE FAMILY COURT AT BANDRA, MUMBAI
PETITION NO. OF 2016
Date on which No. of. Date to
Peti ti on No. ___________________ of 2016
the Applicati on Exh. which the
MRS. LAXMIDEVI BACHHULAL VASIHYA
came before ... Peti ti oner Applicati on
Versus
the Court for is
MR. BACHHULAL DEVIPRASAD VAISHYA
any proceeding adjourned
... Respondent
Exhibit - A
Marriage Photograph
IN THE HON’BLE FAMILY COURT AT BANDRA, MUMBAI
PETITION NO. OF 2016
)
Residing at Sonawane Chawl, Chawl No. 38, )
Room No. 10, Behind Budh Mandir, )
Hariyali Village, Vikhroli (East), )
Mumbai: 400 083. )
.... PETITIONER
VERSUS
)
Aged __ years, Occupation: Rickshaw driver )
Presently residing at Room No. 54 , )
Sanghvi Bhavan, Bazar Road, )
Bandra (west), Mumbai – 400 050. )
.... RESPONDENT
AFFIDAVIT IN SUPPORT OF THE APPLICATION
Chawl, Chawl No. 38, Room No. 10, Behind Budh Mandir, Hariyali Village, Vikhroli
1. That, the averments made Point Nos 01-30 of this Application are true facts
and the averments made in Point Nos 31-34 are based on legal provision.
I state and solemnly affirm that, I support the contents of this Application and
Deponent,
MRS. LAXMIDEVI BACHHULAL VASIHYA
Identified by me,
Krishnachandra R. Upadhyay
Advocate High Court
Shriprashtha Complex Bldg. No. 135/A, Before me,
Flat No. 101/A, 2nd Rd., Nalasopara (W),
Palghar – 401203.
)
Residing at Sonawane Chawl, Chawl No. 38, )
Room No. 10, Behind Budh Mandir, )
Hariyali Village, Vikhroli (East), )
Mumbai: 400 083. )
.... PETITIONER
VERSUS
)
Aged __ years, Occupation: Rickshaw driver )
Presently residing at Room No. 54 , )
Sanghvi Bhavan, Bazar Road, )
Bandra (west), Mumbai – 400 050. )
.... RESPONDENT
Mumbai,
On this _____ day of July, 2016
Petitioner,
MRS. LAXMIDEVI BACHHULAL VASIHYA