IN THE COURT OF SENIOR CIVIL JUDGE, FAMILY COURT,

LUDHIANA.

Ali aged 33 years son of Sh. Brij Pal resident of House No.252,
Street No.5, Chitti Colony, Bazigar Mohalla, Bhattian, District
Ludhiana.
Plaintiff
Versus

Soha wife of Ali(Daughter of Amar pal) resident of House

No.365, Dr. Ambedkar Colony, Industrial Area-A, Power House,
Cheema Chowk, Ludhiana also Employee in Jammu & Kashmir
Bank, Near Cheema Chowk, Ludhiana.
Defendant
SUIT UNDER SECTION 2 OF MUSLIM MARRIAGE ACT 1919, FOR
DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE

Respectfully Sheweth:

1. That a marriage between the petitioner and the Respondent was

solemnized on 21.11.2007 at Ludhiana according to Muslim rites
and ceremonies. An affidavit duly attested to this effect is
attached herewith.

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 2. That the status and place of residence of the parties before
marriage and at the time of filing the petition were/are as under:-

Husband Wife
Status Place of Status Place of
residence residence
Before Muslim District Muslim District
Marriage Unmarried Ludhiana Unmarried Ludhiana
At the time Muslim District Muslim District
of filing Married Ludhiana Married Ludhiana
this
petition

3. That after the marriage, the parties cohabited together as husband

and wife at District Ludhiana and two children namely Kavish
and Hemanshika born from the wedlock of the parties, who are
presently living with the Respondent .

4. That the marriage was a simple affair and no dowry was

demanded by the petitioner or his family members from the
Respondent or her parents at the time of marriage or afterwards.
Whatever was given in the marriage, was given as customary
gifts only.

5. That soon after the marriage, the behaviour of the Respondent

was very callous towards the petitioner and his parents and other
family members and she used to create quarrels in the house on
petty matters without any reason and cause. She was totally

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 disrespectful towards the petitioner, his parents and other family
members. She used to insult the petitioner, his parents and other
family members as and when any guest used to come to the
house of the petitioner and used to quarrel with the petitioner in
the presence of the relatives and friends, due to which the
petitioner felt very ashamed. Even the Respondent used to refuse
to do the household work like cooking, washing of clothes etc.
She was doing all this at the instance of her parental family. As it
was beginning of the relationship, so the petitioner tolerated all
this to save the matrimonial life and till date he had been
tolerating all these acts of the Respondent

6. That with the passage of time, the behaviour of the Respondent

became bad to worse towards the petitioner, the children and his
family members. The petitioner suffered all these acts of cruelty
of Respondent just with the hope that better sense will prevail
upon the Respondent, but it remained wishful thinking of the
petitioner.

7. That many times the petitioner asked the parents of the

Respondent to make her understand, but they never listened to
the petitioner and rather abused the petitioner always.

8. That the respondent started demanding separate residence and

she used to pressurize the petitioner to get separated from his old
parents and brothers. On refusal by the petitioner, the respondent
used to create scenes at home.

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9. That when the respondent got pregnant, she did not wish to keep
the pregnancy and wanted to abort it, but with the interventions
of family, she finally acceded to the same and gave birth to the
first child in the year 2008. Then another child born in the year
2009.

10. That even after the birth of the children, the respondent was
made understand as to now at least change her habits, but she
always kept her rude behavior. Many incidents of cruelty during
the year 2008 to 2015 happened, which broke the petitioner. The
respondent since beginning used to give suicidal threats.

11. That from 2010 till 2015, the respondent did not leave any stone
unturned and has committed all such acts, which caused physical
and mental cruelty to the petitioner. In the year 2015, the
respondent started working as a Peon in the Jammu & Kashmir
Bank, Cheema Chowk branch, Ludhiana.

12. That rather many times respondent threatened the petitioner with
dire consequences. The respondent used to shout loudly and to
abuse everyone and then to threat about committing suicide. The
petitioner always tried to be a dutiful husband but the
Respondent never cared for the feelings of the petitioner. Rather
respondent did not care about the children. The petitioner has

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 also moved police complaints against the respondents, which are
pending.

13. The misbehaviour of a wife with the husband and his family
members using foul language and threats to commit suicide
certainly cause mental cruelty, as it would be extremely difficult
for any spouse or its family members to live in constant threats
of suicide. Further since the last one year the Respondent has
refused to consummate the marriage after so many years of the
marriage because she herself had illicit relations with Mr Ali
and thus it is a grave and utmost cruelty to a husband/the
plaintiff.

14. That the petitioner in no way has connived or colluded with the
Respondent to file the present petition and the petitioner has also
not condoned the acts of cruelty committed by the Respondent.

15. That there has been no delay in filing of this petition.

16. That this petition is not barred by any law and there is no reason
as to why the relief claimed for should not be granted to the
petitioner.

17. That the parties to the marriage lastly lived and cohabited
together as husband and wife at Ludhiana within the limits of

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 ordinary jurisdiction of this Hon'ble Court and hence this
Hon'ble Court has got the jurisdiction to entertain, try and decide
the present suit.

18. That a fixed court fee of Rs.__/- is paid on the suit.

It is, therefore, respectfully prayed that the marriage

between the parties may kindly be dissolved by a decree of
divorce on the ground of cruelty and adultery as detailed above,
in the interest of justice.
Any other or further relief, to which the pplantiff may be
found entitled to, may also be granted in her favour.

...Plaintiff
Prayer
It is most respectfully prayed that the decree for dissolution of marriage .
may kindly be passed in favor of the plaintiff against the defendant.

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IN THE COURT OF SENIOR CIVIL JUDGE, FAMILY COURT,
LUDHIANA.
Ali V/s Soha

AFFIDAVIT

I, Jatinder aged 33 years son of Sh. Brij Pal resident of House

No.252, Street No.5, Chitti Colony, Bazigar Mohalla, Bhattian, District
Ludhiana, do hereby solemnly affirm and declare as under:-

1. That the marriage between the deponent and the

defendant was solemnized on 21.11.2007 at Ludhiana
according to Muslim rites and ceremonies.

2. That I have this day filed the Suit u/s 2 of the

Muslim Marriage Act 1919 for the grant of a decree of
divorce on the grounds mentioned in the petition. That the
contents of petition may kindly be read as a part of this
affidavit and the same are not reproduced here for sake of
brevity.

3. That the petition has been verified by me, signed

by me and the facts narrated in it and the claims made in it
are true and correct as per my personal knowledge.

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 Deponent
Verification:-

Verified that the contents of my above affidavit are true and

correct to the best of my knowledge and belief. No part of it is false and
nothing has been kept concealed therein.

Verified at Ludhiana on 05.02.2020

Deponent