IN THE HON’BLE FAMILY COURT OF THANE,

AT THANE

MARRIAGE DIVORCE PETITION NO. _________ OF 2021

IN THE MATTER OF:

Mrs. Anuradha Hamendra Modi,

Age: 51 Years,

Occ.: Teacher,

Add: 2/504, Prathmesh heritage,

Near Galaxy Hospital, Kanakia Road,

Mira Road (East), Thane- 401107. …. Petitioner

VERSUS

Mr. Hamendra Sharad Modi,

Age: 51 Years,

Occ.: Service,

Add: 703C Block P,

New Alipore Kolkata,

West Bengal 700053, India …. Respondent

 PETITION FOR DISSOLUTION
OF MARRIAGE BY A DECREE
OF DIVORCE u/s 13 (1) (i-a)
and 13 (1) (i-b) OF HINDU
MARRIAGE ACT,1955

Filed on:

To,

THE HON’BLE PRINCIPAL JUDGE AND

OTHER JUDGES OF THIS HON’BLE COURT

MOST RESPECTFULLY SHEWETH:

The Petitioner on solemn affirmation states as follows: -

1. The Petitioner and the Respondent belong to the same caste and
Community and as such the marriage was arranged between
them by the Relatives and Community elders.

2. The Marriage of the Petitioner and the Respondent was

solemnized on 3rd November,1995 according to the Hindu Rites
and Ceremonies. Hereto Marked and annexed as Exhibit
“A(Colly)” are the Wedding photos and Wedding card.

3. That, the Status and Place of Residence of the parties to the

marriage before the marriage and at the time of filing this
petition is given as under:
 i. Place of Residence before the marriage of the
Petitioner: 180 Jamunalal Bajaj Street, 3rd Floor, Kolkata-
7.
ii. Place of Residence before the marriage of the
Respondent: Budho Shivtalla Lane, Behala, Kolkata.
iii. Place of Residence at the time of filing the petition of
the Petitioner: 2/504, Prathmesh heritage, Near Galaxy
Hospital, Kanakia Road, Mira Road (East), Thane- 401107.
iv. Place of Residence at the time of filing the petition of
the Respondent: 703C Block P, New Alipore Kolkata, West
Bengal 700053, India.

4. That, the Petitioner was physically as well as mentally abused,

harassed and troubled by the Respondent just after the few
months of the marriage.

5. That, the Respondent was in service with “Alliance Company” in

Fort (Mumbai) as a Vice-President & also had his own Company
named “Ideal Investement”, from 2003-2008 and that was the
only period when the Respondent took all the responsibilities of
the family.

6. That, the Respondent left the service of “Alliance Company” in

2007 and shut down his own Company in 2009 and thereafter
neither worked anywhere else nor took the responsibility of the
family financially as well as morally.

7. That, they have two daughters out of the wed lock, named Ms.
Dhwani Modi, Aged: 21years, Physiotherapist by Profession and
Ms. Avni Modi, Aged: 16 years, studying in class 12 th.
8. That, post 2009, all the expenses of both the daughters were
taken care only by the Petitioner herself and that the
Respondent never fulfilled his responsibilities towards his own
daughters. The Petitioner started taking private tuitions to fulfil
the needs of the family as well as the Petitioner had to rely
financially on her parents till 2014, for her family’s survival. The
Petitioner also took help from her parents, financially to open a
Pre-Primary School named “Happy Feet” in Mira Road in the year
2014 which ultimately had to shut down in the year 2020 due
Covid-19 pandemic. The Petitioner states that, the family was
survived from year 2014 to 2020 on the above-mentioned
school’s income and online job.

9. That, the Respondent is regularly into Rigid Eating and Drinking

Habits as well as involved into Gambling which has caused
Physical and Mental Harassment to the Petitioner as the
Petitioner at some occasion had to pay the Debts taken by the
Respondent for the purpose of Gambling. Due to such bad
habits of the Respondent, the family even had to sell the flat at
Jangid Tower, MTNL Road, Mira Road (East) to clear the debts
owed to the creditors by the Respondent and the family moved to
a rented flat for some time until the intervention of petitioner’s
father supporting the Respondent’s family to buy a flat in
Antarishk society, opp. Kanakia Police Station, Mira Road (East),
which was subsequently sold after few years in order to clear the
debts owed to the creditors by the Respondent. This regular
habit of the Respondent shows the irresponsible behaviour of the
Respondent causing grave and financial and other hardships to
the Petitioner.
10. That, the Respondent left the Petitioner and his own daughters
in the Year 2013 to Jaipur on their own without any intimidation
to the Petitioner and did not return for one whole year. After lots
of conciliation the Respondent returned home and then stayed
for 3 years i.e., from 2014-2017. Again, on 20th November, 2018
the Respondent left the Petitioner, his own daughters and his
own mother for the reasons best known to him, deserting the
Petitioner for facing mental harassment till date.

11. That, the Petitioner is unaware of the permanent whereabout of

the Respondent since 20th November, 2018 - till date, and has
lost all the hopes of him returning home. However, when their
younger daughter went for a vacation at a relative’s place in the
year 2020, the information of the Respondent’s whereabout was
revealed to their daughter by some relative and she not only met
the Respondent but also stayed with the Respondent at: 703C
Block P, New Alipore Kolkata, West Bengal 700053, India for few
months due to Covid-19 pandemic. Their younger daughter tried
her best to get the Respondent back home along with her but the
Respondent is become stubborn enough to return home.

12. That, during these years the Petitioner has been abused,
harassed and troubled by the creditors of the Respondent and is
left with no capacity to bear anymore harassment and troubles.

13. That, the marriage between the Petitioner and the Respondent
was only for namesake as the Respondent never obeyed his
duties towards the Petitioner, his own daughters and his own
mother but in return the Petitioner has been abused, troubled
and harassed by the creditors of the Respondent.
14. That, the above facts and circumstances clearly shows that the
Respondent has deserted the Petitioner on multiple occasion and
has completely failed to fulfil his duties as well as responsibilities
towards the Petitioner, his own daughters and his own mother.
Also, the Respondent at every stage of the marriage has
humiliated the Petitioner in private and in public. The Petitioner
for long tried her best to see to it that the marriage works out
but the Respondent never changed his behaviour or attitude.
The Petitioner has suffered irretrievably in this marriage and
cannot be made to suffer anymore.

15. That, the Respondent has committed offences of 498A of IPC,

13 (1) (i) (ia) in the Hindu Marriage Act,1955, 13 (1) (i) (ib) in the
Hindu Marriage Act,1955 and harassed the Petitioner and also
has tarnished the image of the Petitioner in the society at large.

16. That, The Petition has not in any manner necessary to or

condoned the acts complained of or connived at, but the
Respondent is treating the Petitioner with Cruelty immediately
after few months of solemnization of the marriage.

17. That, The Petition is being presented without any unnecessary

or improper delay on the part of the Petitioner.

18. That, there is no other legal ground as to why the decree prayed
for should be not granted in favour of the Petitioner.

19. That, This Hon’ble Court has jurisdiction to entertain and try
this petition as the marriage was solemnized on 3rd
November,1995 and the parties last resided together at: 2/504,
 Prathmesh heritage, Near Galaxy Hospital, Kanakia Road, Mira
Road (East), Thane- 401107. Hereto Marked and annexed as
Exhibit “B” is the copy of Aadhar Card of the Petitioner.

20. In the Facts and Circumstances of case mentioned herein above

this Hon’ble Court may graciously be pleased to:

PRAYER

That the Petitioner, therefore, prays as under:

a) The Hon’ble Court may be pleased to dissolve the marriage

between the parties by a decree of Divorce on the ground of
Cruelty and Desertion.

b) Any other relief or reliefs which the court may deem proper
under the circumstances be also awarded to the Petitioner.

Thanking you!

Place: Petitioner:

Date:
 VERIFICATION

I, Mrs. Anuradha Hamendra Modi, Age:51 years, residing at: 2/504,

Prathmesh heritage, Near Galaxy Hospital, Kanakia Road, Mira Road
(East), Thane- 401107, the Petitioner, do hereby solemnly declare that
whatever stated herein the Petition is true and correct to the best of
my knowledge and belief and per the instruction given by me.

Solemnly affirmed at Thane )

This ______ day of _______ 2021 )

PETITIONER,

(Mrs. Anuradha Modi)

Identified by me

Advocate for the Petitioner

(Mr. Tarun S. Sharma)

 IN THE HON’BLE FAMILY COURT OF THANE,

AT THANE

MARRIAGE DIVORCE PETITION NO. _________ OF 2021

Mrs. Anuradha Hamendra Modi, …. Petitioner

VERSUS

Mr. Hamendra Sharad Modi, …. Respondent

AFFIDAVIT OF PETITIONER IN SUPPORT OF THE PETITION

I, Mrs. Anuradha Hamendra Modi, Age: 51 Years, residing at 2/504,

Prathmesh heritage, Near Galaxy Hospital, Kanakia Road, Mira Road
(East), Thane- 401107 do hereby state on solemn affirmation as
under:

1. I say that I got married to Respondent on 3rd November,1995 as

per the Hindu Vedic Rites and Customs.
2. I say that we both are Hindu, Indian inhabitant and the domicile
of state of Maharashtra.
3. I say that at the time of marriage I was a bachelor.
4. I say that the Respondent has continuously treated me cruelly
after few months of marriage has been averred by me in the
petition.
5. I say that there has not been any unnecessary or improper delay
in the initiation of the proceedings.
 6. I say that there is no previous proceeding with regard to subject
matter of the petition in the Hon’ble Court or any other Court in
India. at: 2/504, Prathmesh heritage, Near Galaxy Hospital,
Kanakia Road
7. I say we lastly resided together, Mira Road (East), Thane-
401107 and presently I am residing within the local limits of
ordinary jurisdiction of this Hon’ble Court and as such this
Hon’ble court has jurisdiction to entertain the petition.

Solemnly affirmed at __________ on day of ___________, 2021

PETITIONER,

(Mrs. Anuradha Modi)

Advocate for the Petitioner

(Mr. Tarun S. Sharma)

 IN THE HON’BLE FAMILY COURT OF THANE,

AT THANE

MARRIAGE DIVORCE PETITION NO. _________ OF 2021

Mrs. Anuradha Hamendra Modi, …. Petitioner

VERSUS

Mr. Hamendra Sharad Modi, …. Respondent

MEMO OF ADDRESS

Mrs. Anuradha Hamendra Modi,

Age: 51 Years,

Occ.: Teacher,

Add: 2/504, Prathmesh heritage,

Near Galaxy Hospital, Kanakia Road,

Mira Road (East), Thane- 401107. …. Petitioner

VERSUS

Mr. Hamendra Sharad Modi,

Age: 51 Years,

Occ.: Service,

Add: 703C Block P,

New Alipore Kolkata,

West Bengal 700053, India …. Respondent

LIST OF DOCUMENTS

1. Copies of the Photographs of the Marriage.

2. Copy of the Marriage Invitation Card.

3. Copy Of Aadhar Card.

4. Memo of Address.

5. Vakalatnama
IN THE HON’BLE FAMILY COURT
OF THANE,
AT THANE

MARRIAGE DIVORCE PETITION

NO. _____ OF 2021

Mrs. Anuradha Hamendra Modi

…Petitioner

And

Mr. Hamendra Sharad Modi

…Respondent

DIVORCE PETITION

Mr. Tarun S. Sharma

Off. No. 4, Family Care Hosp. Bld.,

Opp. Seven Square School,

Mira Road (East),

Thane – 401 107.

Contact No. 9920382492

 IN THE HON’BLE FAMILY COURT OF THANE,

AT THANE

MARRIAGE DIVORCE PETITION NO. _________ OF 2021

Mrs. Anuradha Hamendra Modi …. Petitioner

VERSUS

Mr. Hamendra Sharad Modi …. Respondent

APPLICATION SEEKING PERMISSION

TO ENGAGE AN ADVOCATE

May it please your Honour

1. The above petition is being filed by me on the grounds of cruelty

and desertion.
2. As per the rules I am filing the petition but through an advocate.
3. I am not in a position to plead my case as it involves complicated
question of law and facts.
4. I therefore pray that I may be permitted to engage an advocate to
plead my case.

Date:

Place: Petitioner

(Mrs. Anuradha Hamendra Modi)