IN THE HON’BLE FAMILY COURT AT BANDRA, MUMBAI

PETITION NO. OF 2016

MRS. LAXMIDEVI BACHHULAL VASIHYA, )
Hindu adult, Indian Inhabitant, )
Aged 34 years, Occupation: Labour ,

)
Residing at Sonawane Chawl, Chawl No. 38, )
Room No. 10, Behind Budh Mandir, )
Hariyali Village, Vikhroli (East), )
Mumbai: 400 083. )
.... PETITIONER
VERSUS

MR. BACHHULAL DEVIPRASAD VAISHYA )

Hindu adult, Indian Inhabitant,

)
Aged __ years, Occupation: Rickshaw driver )
Presently residing at Room No. 54 , )
Sanghvi Bhavan, Bazar Road, )
Bandra (west), Mumbai – 400 050. )
.... RESPONDENT

Under Sec. 13 (1) (i) (a)

Hindu Marriage Act, 1955

To,
The Hon’ble Principle Judge
and other Puisine Judges of
this Hon’ble Family Court

THE HUMBLE PETITION OF

PETITIONER ABOVENAMED

MAY IT PLEASE YOUR HONOUR:

The Petitioner abovenamed most respectfully states as under:
1. Both the Petitioner and Respondent are Hindus by religion and both are

domiciled in the state of Maharashtra.

2. The Petitioner states that, she then a spinster got married to the

Respondent then a bachelor on 21 st April 2002, at Vikhorili, Mumbai

according to Hindu Vedic Rites and Rituals. The Petitioner states that, the

said marriage is an arranged marriage. The Marriage Photograph have

 been annexed herewith for the kind perusal of this Hon’ble Court and

marked as Exhibit - A. The maiden name of the Petitioner is “Miss.

Laxmidevi Shivram Vaishya.”

3. The Petitioner states that, after marriage all the religious ceremonies were

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

perusal of the Hon’ble Court and marked as Exhibit – B)

5. The Petitioner states that her matrimonial home is joint family and consists

of: The Respondent Mr. Bachhulal Deviprasad Vaishya, Mr. Deviprasad

Vaishya (Father of the Respondent and Father in law of the Petitioner),

Mrs. Munju Deviprasad Vaishya (Mother of the Respondent and Mother in

law of the petitioner), Mr. Shyam Deviprasad Vaishya (Elder Brother of the

Respondent), Mrs. Laxmidevi Shyam Vaishya (Wife of Mr. Shyam

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

the Stridhan to the applicant one Gold Mangalsutra of 10 grams at present

the same are in the custody of Respondent.

7. The Petitioner states that, at the very beginning of the marital life itself,

she found the Respondent’s behavior abnormal and indifferent attitude

towards her and her family members.

 The Petitioner further states that, the Respondent was not interested to

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

reasons known to him.

8. The Petitioner states that, she kept quiet and did not say anything to

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

change and started becoming worst day by day.

9. The Petitioner states that, within the initial few days itself, the Respondent

and his family members demanded dowry of Rs. 100000/-, as the

Respondent’s wanted to purchase new flat in his name.

10. The petitioner states that she tried to convince the Respondent that her

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

also mentally harassed by the Respondent on various occasions in

innumerable ways, as the Respondents refused to consummate the

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

before any of her paternal family members and friends.

12. The Petitioner states that, the Respondent is addicted to consume alcohol,

and on such every occasion of the consumption of alcohol, he used to

batter her on even trifle issues.

 The Petitioner further states that, harassing her in various means and

manners had become habit of the Respondent, as she never protested the

atrocities committed by him in the stern voice, as she used to be always

under fear of her life and limb, she was not even allowed to speak to her

parents and was caged in the house for days together.

13. The petitioner states that she was also subject to assault, abuse and

torturing by other family member of the Respondent as mention in Para 5,

they even threatened to kill her.

The petitioner states that was not given properly to eat and asked to do all

the house hold work like cleaning cloths, washing utensils, sweeping and

cooking for all the family members with out and non of the family

members helped or assisted her.

The petitioner states that if at all she was late in doing work or something

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

time even the stale food was served to her.

The petitioner states if she did not eat the stale food the family members

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

came to her paternal home in Vikhroli, Mumbai.

16. The petitioner states that she came to know from the common relatives

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

asked to meet, the reason of meeting as mentioned by the Respondent

was to apply for admission of their son.

The petitioner states that for the welfare of the she agreed to meet the

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

signing the papers to enquire about the admission of her son.

The petitioner states that the Respondent said they did don’t have any

relation and he has divorced her and regarding which the respondent said

that the petitioner has all reading signed the papers.

The petitioner states that at that moment she came to know the paper on

which she has signed believing the words of the Respondent were actually

the papers related to her divorce.

The petitioner states that the Respondent has Fraudulently got her

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

perusal of the Hon’ble Court and marked as Exhibit – D (Colly).)

19. The petitioner states that she has filed a domestic Violence case against

the Respondent and his family members in the Metropolitan Magistrate

Court at Vikhroli, Mumbai with C. C NO. 07/DV/13 OF 2013.

The Petitioner states that in the case she has prayed that she should be

given the maintenance to support herself and her son, the Hon’ble

Metropolitan Magistrate has passed the interim order for maintenance of

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

disclose it, prayer for which is already submitted to the Hon’ble

Metropolitan Magistrate (Xerox Copy of the order have been annexed

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

Hon’ble Court is having jurisdiction to try and entertain this Petition.

23. The Petitioner being woman, her court fees is waived off.
24. The Petitioner States that, the Respondent has compelled her to file this

litigation, hence he is entitled for the litigation expenses of . 50,000/-.

25. The Petitioner States that, there is no other matter pending in any other

Family Court.
26. The petitioner therefore prays that:
(i) be pleased to dissolve the marriage between the Petitioner and the

Respondent solemnized on 21st April 2002 by the decree of

divorce u/s. 13(1)(i)(a) i.e. Cruelty of Hindu Marriage Act, 1955;

(ii) Cost of litigation expenses of . 50,000/- be awarded;
(iii) The Respondent may be directed to pay .10,000/- per month

towards the maintenance of the Petitioner and . 5,000 per month

towards the maintenance of her son;

(iv) The Respondent may be directed to pay .10,00,000/- towards

permanent alimony to the Petitioner;

(v) The streedhan along with other valuable articles of the Petitioner

may be returned to her;

(vii) That, interim and ad-interim relief prayed under prayer clause (iv)

and (v) be granted;

(vii) Any other further reliefs as this Hon’ble Court may deem fit in the

light of justice;

On this ______day of July, 2016 at Mumbai.

Petitioner,

MRS. LAXMIDEVI BACHHULAL VASIHYA

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.

Verified on this ______day of July, 2016 at Mumbai.

 Place: Mumbai
Dated: ___________
Petitioner,

MRS. LAXMIDEVI BACHHULAL VASIHYA

Verified 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.

IN THE HON’BLE FAMILY COURT AT BANDRA, MUMBAI

PETITION NO. OF 2016
MRS. LAXMIDEVI BACHHULAL VASIHYA, )
Hindu adult, Indian Inhabitant, )
Aged 34 years, Occupation: Labour ,

)
Residing at Sonawane Chawl, Chawl No. 38, )
Room No. 10, Behind Budh Mandir, )
Hariyali Village, Vikhroli (East), )
Mumbai: 400 083. )
.... PETITIONER
VERSUS

MR. BACHHULAL DEVIPRASAD VAISHYA )

Hindu adult, Indian Inhabitant,

)
Aged __ years, Occupation: Rickshaw driver )
Presently residing at Room No. 54 , )
Sanghvi Bhavan, Bazar Road, )
Bandra (west), Mumbai – 400 050. )
.... RESPONDENT

AFFIDAVIT IN PROOF OF EVIDENCE IN SUPPORT OF

CLAIM IN THE PETITION

I, MRS. LAXMIDEVI BACHHULAL VASIHYA, Petitioner above named,

presently residing at Sonawane Chawl, Chawl No. 38, Room No. 10, Behind Budh
Mandir, Hariyali Village, Vikhroli (East), Mumbai: 400 083 do hereby solemnly
affirm and state that, I have filed the Petition herein and repeat, reiterate,
reaffirm and confirm each and every statement made therein as true, and I
further pray that the same be treated as my evidence in support of claim in the
above Petition.

Whatever stated herein above is true and correct to the best of my

knowledge and belief.

Solemnly affirmed at Mumbai

On this ______day of June, 2016 at Mumbai.
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.

IN THE HON’BLE FAMILY COURT AT BANDRA, MUMBAI

PETITION NO. OF 2016
MRS. LAXMIDEVI BACHHULAL VASIHYA, )
Hindu adult, Indian Inhabitant, )
Aged 34 years, Occupation: Labour ,

)
Residing at Sonawane Chawl, Chawl No. 38, )
Room No. 10, Behind Budh Mandir, )
Hariyali Village, Vikhroli (East), )
Mumbai: 400 083. )
.... PETITIONER
VERSUS

MR. BACHHULAL DEVIPRASAD VAISHYA )

Hindu adult, Indian Inhabitant,

)
Aged __ years, Occupation: Rickshaw driver )
Presently residing at Room No. 54 , )
Sanghvi Bhavan, Bazar Road, )
Bandra (west), Mumbai – 400 050. )
.... RESPONDENT

AFFIDAVIT IN AFFIRMATION

Affidavit of MRS. LAXMIDEVI BACHHULAL VASIHYA Sonawane Chawl, Chawl No.

38, Room No. 10, Behind Budh Mandir, Hariyali Village, Vikhroli (East), Mumbai:
400 083, do hereby take oath and solemnly affirm and state as under:

a) That, I am the Petitioner in the above case, thoroughly conversant

with the facts and circumstances of the present Petition and I am
competent to swear this Affidavit.
b) That, the facts contained in the above Petition are true and best to
my knowledge and belief.

Verified on this ______day of July, 2016 at Mumbai.

Deponent,

MRS. LAXMIDEVI BACHHULAL VASIHYA

Identified by me,
Krishnachandra R. Upadhyay
Advocate High Court
Shriprashtha Complex Bldg. No. 135/A,
Flat No. 101/A, 2nd Rd., Nalasopara (W),
Palghar – 401203.

LIST OF DOCUMENTS

SR. NO. EXHIBITS PARTICULARS PAGE NO.

1.
A The marriage photo of both the parties

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)

7. G. List of Streedhan and other valuable

articles

8. H. Proof of identity

9. I Proof of Residential Address for

Jurisdiction

IN THE HON’BLE FAMILY COURT AT BANDRA, MUMBAI

 PETITION NO. OF 2016
MEMORANDUM OF ADDRESS
MRS. LAXMIDEVI BACHHULAL VASIHYA, )
Hindu adult, Indian Inhabitant, )
Aged 34 years, Occupation: Labour ,

)
Residing at Sonawane Chawl, Chawl No. 38, )
Room No. 10, Behind Budh Mandir, )
Hariyali Village, Vikhroli (East), )
Mumbai: 400 083. )
.... PETITIONER
VERSUS

MR. BACHHULAL DEVIPRASAD VAISHYA )

Hindu adult, Indian Inhabitant,

)
Aged __ years, Occupation: Rickshaw driver )
Presently residing at Room No. 54 , )
Sanghvi Bhavan, Bazar Road, )
Bandra (west), Mumbai – 400 050. )
.... RESPONDENT

IN THE HON’BLE FAMILY COURT AT BANDRA, MUMBAI

PETITION NO. OF 2016

MRS. LAXMIDEVI BACHHULAL VASIHYA, )

Hindu adult, Indian Inhabitant, )
Aged 34 years, Occupation: Labour ,

)
Residing at Sonawane Chawl, Chawl No. 38, )
Room No. 10, Behind Budh Mandir, )
Hariyali Village, Vikhroli (East), )
Mumbai: 400 083. )
.... PETITIONER
 VERSUS

MR. BACHHULAL DEVIPRASAD VAISHYA )

Hindu adult, Indian Inhabitant,

)
Aged __ years, Occupation: Rickshaw driver )
Presently residing at Room No. 54 , )
Sanghvi Bhavan, Bazar Road, )
Bandra (west), Mumbai – 400 050. )
.... RESPONDENT

VAKALATNAMA

I, MRS. LAXMIDEVI BACHHULAL VASIHYA, Petitioner above named, do hereby

appoint, Mr. Krishnachandra R. Upadhyay, Advocates, High Court, Mumbai, to

act, appear, and plead for us in the above matter.

In witness whereof, I have put my signature at Mumbai on this ______ day

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

MRS. LAXMIDEVI BACHHULAL VASIHYA,

(Contact No. 9930522866)
…
Petitioner

VERSUS

MR. BACHHULAL DEVIPRASAD VAISHYA

(Contact No. 9930522866)
… Respondent
 ---------------------------------------------
DIVORCE PETITION
---------------------------------------------

Advocate for the Petitioner

Krishnachandra R. Upadhyay
Shriprashtha Complex
Bldg. No. 135/A, Flat No.
101/A, 2nd Rd., Nalasopara
(W),
Palghar – 401203
(Contact No. 9323140512)

IN THE HON’BLE FAMILY COURT AT BANDRA, MUMBAI

PETITION NO. OF 2016
MRS. LAXMIDEVI BACHHULAL VASIHYA, )
Hindu adult, Indian Inhabitant, )
Aged 34 years, Occupation: Labour ,

)
Residing at Sonawane Chawl, Chawl No. 38, )
Room No. 10, Behind Budh Mandir, )
Hariyali Village, Vikhroli (East), )
Mumbai: 400 083. )
.... PETITIONER
VERSUS

MR. BACHHULAL DEVIPRASAD VAISHYA )

Hindu adult, Indian Inhabitant,

)
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

1. Gold Mangalsutra - 10 grams

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

MRS. LAXMIDEVI BACHHULAL VASIHYA, )

Hindu adult, Indian Inhabitant, )
Aged 34 years, Occupation: Labour ,

)
Residing at Sonawane Chawl, Chawl No. 38, )
Room No. 10, Behind Budh Mandir, )
Hariyali Village, Vikhroli (East), )
Mumbai: 400 083. )
.... PETITIONER
VERSUS

MR. BACHHULAL DEVIPRASAD VAISHYA )

Hindu adult, Indian Inhabitant,

)
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

I, MRS. LAXMIDEVI BACHHULAL VASIHYA, aged __ years, Residing at: Sonawane

Chawl, Chawl No. 38, Room No. 10, Behind Budh Mandir, Hariyali Village, Vikhroli

(East), Mumbai: 400 083, do hereby state on solemn affirmation as under:

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

believe it to be true and correct to the best of my knowledge and belief.

Solemnly affirmed at Mumbai )

On this _____ day of July 2016 )

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.

IN THE HON’BLE FAMILY COURT AT BANDRA, MUMBAI

PETITION NO. OF 2016

MRS. LAXMIDEVI BACHHULAL VASIHYA, )

Hindu adult, Indian Inhabitant, )
Aged 34 years, Occupation: Labour ,

)
Residing at Sonawane Chawl, Chawl No. 38, )
Room No. 10, Behind Budh Mandir, )
Hariyali Village, Vikhroli (East), )
Mumbai: 400 083. )
.... PETITIONER
VERSUS

MR. BACHHULAL DEVIPRASAD VAISHYA )

Hindu adult, Indian Inhabitant,

)
Aged __ years, Occupation: Rickshaw driver )
Presently residing at Room No. 54 , )
Sanghvi Bhavan, Bazar Road, )
Bandra (west), Mumbai – 400 050. )
.... RESPONDENT

APPLICATION FOR APPOINTING AN

ADVOCATE IN THE ABOVE MATTER

MAY IT PLEASE YOUR HONOR
We, the Petitioners above named, humbly submit as under:
1. We say that, the above numbered Petition is kept on today’s board.
2. We say that, we our self will not be able to plead our case, as we do not
have the adequate legal knowledge and possibly a question of law is
involved in our case and we our self shall not be in a position to conduct
our case on our own adequately and efficiently.
3. It is therefore necessary for me to take the assistance of an Advocate. We,
therefore, pray that, we may be permitted to appoint Shri. Krishnachandra
R. Upadhaya, Advocates, High Court, Mumbai, to act, appear and plead on
our behalf in the above matter. Hence, as per Rule 37, the Family Court
Rules, 1998, we may be granted permission to appoint an Advocate as
name mentioned above.

For the act of kindness, we shall ever pray.

Mumbai,
On this _____ day of July, 2016

Petitioner,
MRS. LAXMIDEVI BACHHULAL VASIHYA