IN THE HON’BLE FAMILY COURT AT, SARAN
A. D. J. PETITION NO. A- 0747 OF 2020.
IN THE MATTER OF Section 12 (1) (c)
of the Hindu Marriage Act, 1955;
AND
IN THE MATTER OF the marriage
between the parties herein dated
May, 1959;
WIFE _Babui Panmato Kuer )
of Saran, Indian Inhabitant, aged 20 years) ...PETITIONER
Versus
HUSBAND _Ram Agya Singh )
of Saran, Indian Inhabitant, aged Above 60 years) …RESPONDENT
THE HON’BLE THE PRINCIPAL JUDGE
AND THE OTHER HON’BLE JUDGES OF
THIS COURT.
THE HUMBLE PETITION OF THE
PETITIONER ABOVENAMED.
MOST RESPECTFULLY SHEWITH:
1. Petitioner and respondent are Indian Nationals and are domiciled in
the District Saran. and respondent both are Hindus.
2. The petitioner admitted that she is a little above 18 years of age at the
time of the impugned marriage which took place in May, 1959.
3. Petitioner is before this court for dissolution of her marriage with the
respondent
4. Petitioner states that Just before her marriage had been solemnized
she had overheard her father tellina her mother that he had fixed up a
husband for the petitioner, who was in an affluent financial condition
and was between 25 and 30 years of age.
5. Petitioner having heard these particulars, impliedly consented to the
marriage through silence.
6. Petitioner states that at the time of solemnization of the marriage, she
was, as is customary in a Hindu family, particularly in a rural area,
under a heavy veil in consequence of which she could not see the
bridegroom.
7. Petitioner states that the bridegroom, viz., the Respondent left on the
very next morning of the marriage without the Petitioner ’s Roksadi
having been performed.
8. Petitioner states that after some time in the early part of 1960, the
respondent filed a criminal case against her father under Section 498,
Indian Penal Code. Thereupon, her father, who had earlier declined to
send her to the respondent's house, agreed upon her going there.
9. Petitioner states that the Criminal case under 498, IPC against her
father was withdrawn by respondent.
10. Petitioner states that On the 15 th April, 1960, Her father took
her to the Respondent's house, where for the first time, in the night,
she discovered that besides being a man of very ordinary means, the
respondent was aged even more than her father, that is to say, over 60
years.
11. Petitioner states that Cried and cried so much, took no food for
two days and insisted upon being sent back to her father's house,
whereupon the respondent beat her.
12. Petitioner states that she later stealthily escaped to her father's
place, but the father chided her; and therefore, she left his place as
well and took shelter at her uncle's place.
13. Petitioner states that respondent started another case under
Section 498, Indian Penal Code, against her parents and uncle and
that’s how the respondent succeeded in taking her to his house,
where she was confined in a room.
14. Petitioner states that she again succeeded in escaping from the
respondent's house; and this time she took shelter in her Nanihal.
15. Petitioner ultimately, filing this present petition for dissolution
of marriage with the respondent on the ground of fraud in the matter
of procurement of her consent whereby her marriage was solemnized.
16. Petitioner submits that, she had no cohabitation with the
respondent at all.
17. There have been no previous proceedings in any Court with
reference to the said marriage by or on behalf of either the Petitioner
or the Respondent.
18. There is no collusion between the Petitioner and the
Respondent.
19. There is no delay in filing of this Petition.
Petitioner therefore, Prays: -
(a) that this Hon'ble Court be pleased to pass a decree of divorce
dissolving the marriage of the Petitioner and the Respondent.
(b) that cost of the Petition be provided for
And
(c) that such other and further reliefs as the nature and
circumstances of the case may require be granted.
Advocate for Petitioner. Petitioner.
VERIFICATION
I, ____________________________ of Saran, Bihar Indian
Inhabitant, the Petitioner abovenamed do hereby solemnly declare that
what is stated in the foregoing paragraphs 1 to 19 is true to my knowledge
and what is stated in the rest of the Petition is on the information and belief
and I believe the same to be true.
Solemnly declared at Saran District )
aforesaid this the day of)
___________, 2020. )
Before me,
Identified by me.
Advocate for the Petitioner.
