Harsh Mandavi IA-1 Famil Law

IA-1 FAMILY LAW
Submitted to: Mr. Saif Hussain
Submitted by: Harsh Mandavi
JLU ID- Jlu06822
Roll No: 2022LLB007
Case law - Suman Singh vs Sanjay Singh on 8 March, 2017
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, ROHINI

(DISTT:NEW DELHI )
SMA PETITION NO. 223 OF 2014
__________________________________________________________________________________
Husband: Sanjay Singh
…… Petitioner-1
Residence:New Delhi
Wife:Suman Singh
……..Petitioner-2
Residence:New Delhi
PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF
DIVORCE
UNDER SECTION 13(1)(ia) OF THE HMA ACT, 1955

The Facts of the case:
1. These appeals are filed by the wife against the High Court of Delhi's final judgment and order
dated May 23, 2013. The High Court had dismissed the wife's appeals and confirmed the
judgment from December 14, 2010, granted by the Family Court, Rohini, which dissolved the
marriage in favor of the husband. The High Court also upheld the dismissal of the wife's
petition for conjugal rights.
2. To understand the issues involved in the appeals, it's important to briefly mention the facts.
3. The marriage between the wife and husband took place on February 26, 1999, in Delhi. The
husband worked as a "Caretaker" in the Government of NCT of Delhi, while the wife was a
housewife. They had two daughters, born in 2002 and 2006, who lived with the wife.
4. In July 2010, the husband filed a petition for divorce on the grounds of cruelty. He cited nine
instances as evidence of cruelty under Section 13(1)(ia) of the Hindu Marriage Act.
5. These instances included the wife's behavior the day after their wedding, her conduct during a
New Year celebration, her reluctance to attend family functions, and her alleged indecent
behavior towards the husband's family.
6. The wife denied these allegations in her response and also filed a petition for restitution of
conjugal rights, claiming the husband had withdrawn from her without reasonable cause.
7. The Family Court, on December 14, 2012, granted the husband's petition for divorce, citing
mental cruelty, and dismissed the wife's petition for conjugal rights.
8. The wife appealed to the High Court, which upheld the Family Court's decision.
9. The wife has now filed these appeals in the Supreme Court.
10. After hearing both parties' arguments and examining the evidence, the Supreme Court has
decided to allow the wife's appeals. The Court has dismissed the husband's petition for
divorce, as the instances cited did not meet the criteria for mental cruelty.
11. The Court emphasized that the alleged incidents were isolated, stale, and, in some cases,
condoned by the parties' subsequent behavior. As a result, the Court concluded that they
could not be considered as constituting mental cruelty.
12. The Court also found that the husband had withdrawn from the wife's company without
reasonable cause, leading to the wife's entitlement to a decree for restitution of conjugal
rights.
TERMS:
1. Wife has claimed her permanent alimony and has received back all her stridhan
articles.
2. No claims and counterclaims between the parties.
3. No other case is pending between the parties.
4. Several attempts were made for reconciliation during the cool-off period of 6 months
but all were in vain.
5. Husband shall have the permanent custody of the childrens..
PRAYER
NO.1
In view of the above facts and circumstances, it is, therefore, most respectfully and humbly prayed
that this Hon’ble Court may be pleased to grant a decree of divorce under Section 13 of HMA.
Any other relief/order/Direction this Hon’ble Court may deem fit in the interest of justice and equity.
PETITIONER1: Sanjay Singh

VERIFICATION:
The above named petitioner states on solemn affirmation that paras 1 to 12 of the petition are true to
the petitioner’s knowledge and paras 1 to 12 are true to the petitioner’s information received and
believed to be true by him.
Verified at New Delhi (Place) Dated: 14.12.2012
NO.2
In view of the above facts and circumstances, it is, therefore, most respectfully and humbly prayed
that this Hon’ble Court may be pleased to grant a decree of divorce under Section 13 OF HMA.
Any other relief/order/Direction this Hon’ble Court may deem fit in the interest of justice and equity.
PETITIONER 2: Suman Singh

VERIFICATION:
The above named petitioner states on solemn affirmation that paras 1 to 12 of the petition are true to
the petitioner’s knowledge and paras 1 to 12 are true to the petitioner’s information received and
believed to be true by her.
Verified at New Delhi (Place) Dated: 14.12.2012
ADVOCATE: Rimsha Khan
Documents to be attached :
I. ID proof of both the parties ( Copy of Pan Card/ Driving license /Aadhar Card /
Election Card/ Passport).
II. Marriage proof (Marriage Registration Certificate/ Invitation Card/ Marriage
Photograph/ Affidavit of blood relative) (Minimum two documents mandatory).
III. Residential proof (Passport/ Aadhar Card/ Election Card/ any other permissible
document). Additional Documents if required :
IV. Birth Certificate of minor child.
V. Registered document for transfer of property.
Copy of receipt if articles, jewelry, or utensils are exchanged.

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IA-1 FAMILY LAW

Submitted to: Mr. Saif Hussain

Submitted by: Harsh Mandavi

JLU ID- Jlu06822

Roll No: 2022LLB007

Case law - Suman Singh vs Sanjay Singh on 8 March, 2017

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, ROHINI

SMA PETITION NO. 223 OF 2014

Husband: Sanjay Singh

UNDER SECTION 13(1)(ia) OF THE HMA ACT, 1955

5. Husband shall have the permanent custody of the childrens..

PETITIONER1: Sanjay Singh

Verified at New Delhi (Place) Dated: 14.12.2012

PETITIONER 2: Suman Singh

Verified at New Delhi (Place) Dated: 14.12.2012

ADVOCATE: Rimsha Khan

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