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IN THE COUT OF HON’BLE CIVIL JUDGE SENIOR

DIVISION, AT WARDHA

MARRIAGE PETITION: ________/2024

PETITONER : Umesh S/o. Dilip Vairagade, R/o. Pothdukhe

Layout, Sawangi (Meghe), Tahsil - Dist.
Wardha, Pin code. 442001, Maharashtra,

VURSUS

RESPONDENT: Sau. Nikita W/o. Umesh Vairagade R/o. C/o.

Mohanrao Deshmukh, Anji, PO. Andori, Tahsil.
Deoli, Dist. Wardha, Pin. 444506, Maharashtra.

PETITION FOR DIVORCE U/S. 13 (1) (i-a) OF HINDU

MARRIAGE ACT, 1955:

The Petitioner, above named most humbly and respectfully begs to

submit as under:

1] That petitioner is legally wedded Husband of respondent and

their marriage was solemnized as per Hindu rites and ceremonies at
Raj Ratna Vivaha Mangal Karyalay, Masada, Wardha on
07/12/2022 at Tahsil. Dist. Wardha by consent of both the families
as said marriage was love marriage. The petitioner had done
marriage at Raj Ratna Vivaha Mangal Karyalay, Masada, Wardha
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that time Rs. 35000/- was given by parents of respondent on the

same day petitioner was giving Rs. 35000/- to your parents but
didn’t take money. Later on whole marriage reception expenses 5
Lakh was given by parents of petitioner. Later on Rs. 1, 60, 000 for
eye operation of respondent in 2019 and in 2021 Rs. 40, 000/- for
eye lenses was also given by petitioner.

2] That from day of the marriage respondent remained peevish.

Respondent started troubling for in small chores of household
works and started rising dispute by saying to the mother-in-law and
father-in-law why you said so and why you said this.

3] That petitioner was on duty at Jammu and Kashmir at

Kupwada as a shoulder in Army. On the day of Padva, the father-
in-law of respondent said to his wife that today make Basundi. But
respondent said to your mother-in-law that she doesn’t like
Basundi. Then, the mother-in-law said ok to his daughter-in-law
that you like egg-bhurji so make it for you and I make mutton for
her father-in-law. Then, the daughter-in-law said she doesn’t eat
egg and she will eat yesterday gravy of Patvadi. Then, the mother-
in-law prepared mutton gravy for her husband and also prepared
egg bhurji for respondent. Respondent ate that egg bhurji. Mother-
in-law of respondent also invited to her bother to eat mutton gravy.
And the father-in-law said to his wife that from today don’t ever
made basundi. But daughter-in-law took it otherwise on her and
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called her husband on the same day on 14 th February 2023 said that
Am I your father’s wife? Then, after every 1 to 2 days at night near
about at 10 O’clock andm 11 O’clock respondent used to complain
on call to petitioner same this again and again. The petitioner was
in big stress that respondent alleged without any reasonable cause
on his parents.

4] That one day daughter-in-law was not there in home,

mother-in-law become so worried that where is daughter-in-law
because long time has passed she has not come to home. Then,
mother-in-law called her son and told where is daughter-in-law too
much of time has passed. She didn’t tell her where is she going?
Then, petitioner made call to respondent that his mother was very
worried that her daughter-in-law has not come to home yet where
has she gone. She didn’t tell her mother-in-law. Then, respondent
replied that she had gone to update Aadhar card. Then, on that
mother-in-law said to respondent, “respondent is daughter-in-law
of their home her responsibility is on them because her husband is
on duty in Jammu and Kashmir at Kupwada”. We become so
worried about you. Then, respondent said to mother-in-law that
there is no worthless (नालायक) women like you in this world and you
are cunning. You are separating both husband and wife.

5] On 1 April 2023 she went to join college, early in morning

near about 7 am respondent and your father came to marital home.
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Father in law said to the father of respondent 4 moth pregnant she

do vomiting and heat is there outside. My desire is she should not
go to college in such condition. Then she wants to become
anything in life officer like that she can join college after giving
birth to child. Then, father-in-law said to father of respondent that
she doesn’t listen to us and humiliate us. Then the father of
respondent said to the father-in-law that it is your matter he will
not speak anything in it. Then, mother-in-law said to the father of
respondent that Is she not your daughter? You should also give
understanding that her health and her child health which is in her
womb is very important. Then, the mother-in-law said to
respondent in front of your father that whether there is any problem
from us or we give trouble to you. We don’t call you anything
except, Oh daughter (बाई)! Oh daughter (बेटा)! You were silent. Then,
the mother-in-law said to father of respondent that kindly see the
language of your daughter, kindly use good language this is your
matrimonial home. She call Ox (बैल) to father-in-law, Demon (राक्षस),

he is of different form (अजब वनचा मानुस आहे), Khatyad chi varat kadto

(खटयाड ची वरात कड्तो) she speak about her father-in-law. After that
respondent father didn’t reply and left the matrimonial home of his
daughter without giving understanding to her daughter don’t speak
like this to your father-in-law. Then, respondent went into your
room and didn’t come out of room for 2 days and 2 night. And the
mother-in-law knocked the door for giving her food but she was
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not speaking with her. Mother-in-law used to make food for

respondent but when the mother-in-law used to sleep respondent
used to do brush at night about 11 pm and made Ambil (आम्बिल) and
eat it. On the next day she prepared besand paratha and cabbage
sabji for her. Then the mother-in-law thought that daughter-in-law
making food for her, she went to give fodder to her cattle. Then,
the father-in-law saw that daughter-in-law is going somewhere. He
told this to his wife that daughter-in-law is going somewhere. She
didn’t tell him where is she going? Then, mother-in-law called her
son and asked where is his wife gone? Then son replied he call her
then tell you. Then, the son said to his mother that she has gone to
Vividha. Then, the mother-in-law took both the son and daughter-
in-law in conference on mobile phone. Respondent replied to your
mother-in-law that there is no worthless ( नालायक) women like you in
this world and cunning and you are doing all this to separate my
husband and me. Then the mother-in-law said to respondent we are
elder then you keep respect and mind your language. Then,
respondent replied to her mother-in-law, “She will speak the same
to you”. Then, respondent said in conference she will not come to
his home. Then, petitioner said to respondent that he is on duty
requested you to go at matrimonial home. Don’t go anywhere.
Later on respondent cut the call and switched off the mobile phone
for 1 to 2 hours. Then, after respondent switched on mobile phone.
Then, petitioner called respondent then you replied that she is
going to Nagpur she is in bus. Then after 1 to 3 minutes respondent
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from the Nagpur railway station said to petitioner that you are
going to Chaitany Mahila Ashram Pana. Then, petitioner requested
her don’t do this he is on duty and if you are not in matrimonial
home so you can also live at you fathers home. I come to Wardha
taking leave of 2 to 3 days. Still she didn’t listen. All the things
was not known to the parents of petitioner. They were searching
their daughter-in-law on railway station, bus stand. Then, parents
of petitioner came to home and went to police station at night about
9 pm and told to police that their daughter left her matrimonial
home at about 10.30 to 11 am without telling them we have seen
railway station, bus stand son is on duty in Jammu and Kashmir. At
the same time, petitioner call came to his mother. He said their
daught-in-law is in Badnera railway station. Then mother-in-law
said to him that tell her I am coming on leave to home. Then,
respondent agreed and rather than alighting at Wardha railway
station she alighted at Nagpur railway station. Then, mother-in-law
called her son how long is their daughter-in-law in train. Then, son
replied she has reach to Nagpur rather than alighting at Wardha.
Then, petitioner asked to respondent why didn’t you alight at
Wardha station. Then, respondent replied she was in sleep and
reached at Nagpur. Then, early in the morning 5 April 2023
respondent came back to your matrimonial home. No one in home
spoke anything to her. Then, respondent took bath and again you
entered in your room and never come out of room for 2 to 3 days.
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The mother-in-law used to knock the door for food but respondent
didn’t answered.

6] That 2 days later respondent husband came to home at night

12 pm. On the next day petitioner said to respondent, “make food”.
On the same day mother-in-law said to her son that don’t make
food for his father and mother, did she keep respect for them? She
speak anything else and behave wrongly. Then, respondent replied
to mother-in-law that whether she has gone to sleep with someone
else. Are you ashamed? Then, on the same day at about 11 am
mother-in-law called mother and father of respondent. And
respondent parents came at 12 pm to your marital home. Then all
the people sit in hall. Then the mother-in-law said to respondent if
any problem caused to you for them kindly prove it before your
parents we sit silent. Then, respondent allegedly said to your

mother-in-law that go to zad zawale ( झाड झावाले जा). Then, mother-in-

law said to parents of respondent that their daughter-in-law say
anything vulgar to us and give understanding to her that don’t use
such language to them. Then, respondent parents replied we don’t
even want to see her face. Then, the mother-in-law said to parents
of respondent that their daughter-in-law lives in room for 2 to 3 by
closing door if she cuts vain or hanged herself by writing letter and
put false allegation on them we will not be responsible for it.
Respondent said to her husband in front of your parents that she
needs another room on rent and wants divorce from her husband.
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Them, mother-in-law said whatever is there in home like grocery

she give it to respondent. Still respondent was not listening her
mother-in-law. Then, petitioner replied that he can’t give her
another room on rent when he has his own home which is her
matrimonial home. Then, respondent replied to petitioner that she
doesn’t want to see their face and wants divorce. Then, the mother
of you notice tried to make you understand that if she has anyone
in her life or any affair with him kindly tell her, don’t spoil life of
your husband but respondent didn’t listen to her own mother. Then,
the mother of respondent said to the mother-in-law that she is not
ready to live we bring stamp paper and sing on it. Then, respondent
again said she wants divorce. Then, petitioner and respondent
mutually agreed to take divorce on notary on 100 rupees India non-
judicial stamp paper on 25.04.2023. Then, respondent on written
on 100 rupees India non-judicial stamp paper 25.04.2024 that you
want to go at Chaitanya Ashram Mahila Mandal, Swadhar Gruha,
Nageshwar Nagar, Puna by her own desire. And respondent gave
all this things which was given by your mother-in-law to you
during the time of marriage i.e. 1) 1.80 gram golden ring, 2)
Mangalsutra, 3) Long Gathi, 5) one small Gathi, 6) 2 gram golden
top, 7) Silver 2 Jodve, 8) 2 Silver Bichve, 9) Silver Chad to
mother-in-law in front of witness namely 1) Sumitha Chauhan, 2)
Nitin Katkar, 3) Sharad Khobragade, 4) Mira Junvad. And
respondent said to petitioner she will go alone to Mahila Ashram,
Puna only leave her at Wardha railway station.
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7] That petitioner made call to respondent but you again started

humiliating his parents. Respondent said to petitioner that she
removes him from his duty and how to get rid of fun ( माज) of army
person she knows it very well. As respondent were his wife he was
tolerating all your bad behavior.

8] Next day respondent sent message on petitioner mobile

number gave threat to him that she will give complaint against him
where he does duty and if he is removed from his duty she doesn’t
care and also gave threat to petitioner she will write one letter
mentioning she will commit suicide and he will be responsible for
it. Then, petitioner said to you, “don’t send him such type of
messages still you called him and send messages which caused him
mental harassment.” petitioner also gave complaint to Sawangi
(Meghe) police station, Tehsil. Dist. Wardha against respondent on
03.05.2023 that respondent is giving threat to commit suicide and
remove him from his job.

9] Then, noticee your parents saw room for you in Deoli and
you directly came back to Deoli. But, as a matter of fact petitioner
came to know that respondent was living at Deoli on rental room
and said to the owner that give her room when her husband will
come on leave he will take her with him at his home till that time
kindly give her room on rent.
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10] That, petitioner came to home on leave for one month but
due to some problem he extend leave again for 15 days again and
he went to meet his wife near the temple of Deoli. And he said to
respondent that whatever happened forget and come back to home.
But, you didn’t agree. Then, petitioner then joined duty. Then,
respondent made call to petitioner again and again. Respondent
said to him that you work at S-mart at Deoli of billing on
computer. Then, at that time respondent was pregnant and said to
petitioner come to see his child he may speak with her she will be
away from him. Then, father of respondent took you along with
him at your parents’ home.

11] That, noticee your delivery took place at Sawangi Meghe

and that news was known to her relatives and friends. On 7 th April
2023 respondent mother told to petitioner that his wife has given
birth to one daughter Utkarsha. The petitioner became so emotional
by listening this news that he has become father became so happy.

12] That, on 11th September 2023 petitioner came to your home

noticee, he took her daughter in his hand and fondled her. He said
to respondent, “whatever has happened forget all about and life
good future life”. And he will take his wife and his daughter along
with him at his home. After saying so by petitioner your mother of
respondent started arguing with petitioner she will not allow him to
give his name to her small daughter Utkarsha. petitioner tried to
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make you understand but your mother and respondent were not
ready to understand. Then, petitioner left your home. Then,
petitioner on next day called respondent near about 4.30 pm and
said that we will come to your home and we both will write on
stamp paper and we will live very good but respondent gave threat
to petitioner that don’t come at her home either I will do anything
wrong of my life or will go along with her daughter anywhere else.

13] That, petitioner made call to respondent that they will live
together and give it in writing on stamp paper on 21 th February
2024. And she agreed on it. Then, petitioner and respondent both
came back to home. Later on petitioner went to join his duty. That,
respondent gave threat to petitioner on mobile phone that your
father said so and so, she will complain to police station and will
go to the court.

14] That, on 9th May 2024 petitioner got call from police station
to come to police station, police official said to him, “whatever
decision you want to make you both decide.” Petitioner mother
called to her son and said that her daughter in law is using abusing
language from gallery like your mother run and live whole night in
anybody home, if you done any mischief she will entangle in
police case to all the four people and also said to the father-in-law
that you will die by worms, fill your body fire (तुया आंगाची आग मुरवतो) ,
why you married your son, she will not give respect to all of you in
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front of the people of area namely Sanju Raut. On 16 th May 2024

petitioner came to home form duty at 9.30 pm. On the next day
petitioner went to purchase nearest show of his home. Then, one
lady Bharti Chouhan said to him how your wife use abusive
language against you. But respondent was not taking care of
dignity of his family in society. On 18 th May 2024 respondent and
petitioner went to police station. The police official asked
respondent why don’t you wear mangalsutra. Then, respondent
replied to police station putting false allegation on her mother-in-
law all her golden and silver ornaments was taken by mother-in-
law, how can she wear mangalsutra. If she will give me another
mangalsutra then she will wear. Later on both the spouses came
back to their home.

15] That, later on petitioner went to join his duty. On 10 th March

2024 petitioner made call to his mother and said that respondent
don’t have money give her Rs. 1000/- give her money. On that
mother of petitioner said to him, “she doesn’t have Rs. 1000/- she
has only Rs. 500/- only”. She give her Rs. 500/-. Then, mother-in-
law brought vegetables to respondent and told to her husband give
this vegetables to her daughter-in-law. Then, the father-in-law went
second floor room to give vegetables to respondent but door of
respondent was close. He called you out of the door daughter-in-
law take vegetables. The respondent replied her daughter is in
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sleep. The respondent didn’t open door and father-in-law came

down.

16] Later on 27 March 2024 petitioner made call to her mother

near about 8.30 am said that their daughter-in-law called him
putting allegation that his father come near to her and sit. He bits
door again and again. This thing was told by the mother of
petitioner to her husband that daughter-in-law is saying so. Then,
the father-in-law went to ask his daughter-in-law when he came
near to her to sit. When he bit door again and again. Then, the
father-in-law came down and became so disturb and shook form
the bottom of his heart went to hang himself. Looking at his stress
and condition mother-in-law feared a lot went to the home of their
neighbor Sumita Chouhan and brought her to make understand
father-in-law. Sumita Chouhan gave understanding to father-in-law
that if you hang yourself people will blame you. There is no sin in
you. Look at your sons and wife and life your life because they are
so good. Don’t hang yourself because of tension of daughter-in-
law. Anyhow Sumita Chouhan gave understanding and that
unpleasant incident avoided. Now, there has arisen threat to life,
limbs and liberty of the father-in-law. He can do anything wrong to
his life if such type of false allegation is put on him. It can
endanger life of father-in-law.
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17] That, the behavior of respondent is cruel towards the

petitioner and his parents as stated. The petitioner never condoned
the conduct of the respondent.

18] That, it is settled law that husband has to take care of his
wife and petitioner always took care of respondent and respondent
had legal obligation to live with petitioner as a good wife but
respondent gave him mental pain and agony, threatening him that
she will remove him from his duty, put false allegation on their
mother-in-law and father-in-law, give false complaint to police
station, give threat to petitioner to go to court and respondent
destroyed peaceful atmosphere of marital home which no Indian
marital women act like that towards her husband and her father-in-
law and mother-in-law unnecessarily without any reasonable and
probable cause which is absolutely wrong and uncultured not befit
with Indian tradition and culture were marriage is considered
sacrosanct. Life of petitioner and also his mother and father has
become worst because of respondent. Peace of their home has
destroyed because of respondent. There is full possibility which
cannot be ignored that respondent can anytime entangle petitioner
and his parents in false case. Therefore, looking at the severity of
the matter there has come utmost urgency to file divorce petition
against respondent and it is not possible for petitioner to live with
respondent.
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19] That, the cause action arises on dated 29.05.2024 in the

evening when the respondent left the matrimonial home and
company of the petitioner without reasonable and probable cause.
On that day, the daughter of the respondent was feeling thirsty and
the respondent taken dirty bottle and filled that bottle with water
without washing that bottle and taken along with her daughter and
left matrimonial home. Respondent was alone not taking care of
her daughter properly can be seen from the above incident.

20] That, there is no suit pending in any court of India between

the petitioner and respondent regarding this marriage.

21] That, this Hon’ble Court has jurisdiction to entertain and try
this petition as the marriage was solemnized as per Hindu rites and
ceremonies at Raj Ratna Vivaha Mangal Karyalay, Masada,
Wardha on 07/12/2022 at Tahsil. Dist. Wardha which is within the
jurisdiction of this Hon’ble Court.

22] That, the petitioner has filed necessary documents as per the
list of documents and reserve his right to file more documents as
and when required.

23] That, the petitioner had paid necessary court fees for
deciding the present petition before this Hon’ble Court.

Hence, this divorce petition.

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PRAYER : It is, therefore most humbly and respectfully

prayed that this Hon’ble Court may kindly be
pleased to pass a decree;

a] that the marriage between the parties hereto be

dissolved by a decree of divorce; and

b] the petitioner be paid his cost from the

respondent, and

c] any other relief or order which this Hon’ble

court may deems fit and proper under the facts
and circumstances of the case in the interest of
justice.

PLACE: WARDHA

DATED: 18.06.2024 ADVOCATE

(ADV. SANDEEP A.
DUPARE)
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VERIFICATION

I, Umesh S/o. Dilip Vairagade, R/o. Pothdukhe Layout,

Sawangi (Meghe), Tahsil - Dist. Wardha, Pin code. 442001,
Maharashtra, presently at Nagpur, do hereby take oath and state on
solemn affirmation or verified that the content of above petition
from paragraph no.1 to 23 are drafted by the counsel as per my
instructions and same are explained to me in vernacular. I state and
declare that the contents of above para 1 to 23 are true and correct
to the best of my personal knowledge and belief.

Hence, verified and signed at Wardha on this _____ day of

___________, 2024.

DEPONENT
(Umesh Dilip. Vairagade)

I know and identify the deponent.

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COUNSEL FOR PETITIONER

(ADV. SANDEEP A. DUPARE)