WRITTEN ARGUMENTS ON BEHALF OF THE PETITIONER
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT AT JAMSHEDPUR
ORG. MAT SUIT NO - /2025
IN THE MATTER OF:
Amit Kumar ... Petitioner
Vs.
Manisha Sinha ... Respondent
WRITTEN ARGUMENTS ON BEHALF OF THE PETITIONER
May it please your Honour,
The present written arguments are submitted on behalf of the Petitioner, Sh. Amit Kumar,
seeking a decree of divorce under Section 13(1)(i-a) and Section 13(1)(i-b) of the Hindu Marriage Act, 1955,
on the grounds of cruelty and desertion, as set forth in the Original Matrimonial Suit filed before this Hon'ble
Court.
1. Brief Background:
The Petitioner and Respondent were married on 18th May 2022 as per Hindu rites and customs in Jamshedpur.
After marriage, the couple cohabited for approximately 4 months at the Petitioner's residence in Jamshedpur.
The Respondent thereafter left the matrimonial home on 14th October 2022, and has not resumed cohabitation
till date.
2. Issues Raised:
1) Whether the Respondent treated the Petitioner with cruelty within the meaning of Section 13(1)(i-a)?
2) Whether the Respondent deserted the Petitioner without reasonable cause and with the intention to end
cohabitation under Section 13(1)(i-b)?
3. Grounds of Cruelty (Sec. 13(1)(i-a)):
The Petitioner has cited numerous specific instances of mental cruelty:
- Verbal Abuse and Humiliation: Respondent frequently used derogatory language, ridiculed the Petitioner in
front of family and guests.
- Unreasonable Demands: Forced the Petitioner to consider buying a 2BHK flat in Pune against his financial
capacity.
- Physical Aggression: Threw the Petitioner's laptop in anger, causing damage to property and career.
- False Accusations: Constant accusations of infidelity without any evidence.
- Emotional Neglect: Refused to participate in household duties, marital counselling, or reconciliation efforts.
Legal Precedents:
- Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511
- V. Bhagat v. D. Bhagat, (1994) 1 SCC 337
Conclusion: The Petitioner has suffered sustained mental harassment and emotional trauma, which satisfies
the threshold of cruelty under Section 13(1)(i-a).
4. Grounds of Desertion (Sec. 13(1)(i-b)):
The Respondent willfully left the matrimonial home on 14th October 2022, taking all her belongings.
Despite repeated efforts by the Petitioner and his family, she has refused to resume marital obligations.
She has taken up employment in Indore, showing her intention to permanently desert the Petitioner.
Legal Precedents:
- Bipinchandra Jaisinghbhai Shah v. Prabhavati, AIR 1957 SC 176
- Savita Bhanot v. Lt. Col. V.D. Bhanot, (2010) 12 SCC 454
Conclusion: The elements of factum deserendi and animus deserendi are both established.
5. Irretrievable Breakdown of Marriage:
All reconciliation attempts have failed.
The parties have been living separately since October 2022.
The marriage has lost its emotional, physical, and social sanctity.
6. Relief Sought:
It is respectfully prayed that this Hon'ble Court may be pleased to:
1. Grant a Decree of Divorce in favour of the Petitioner under Section 13(1)(i-a) and Section 13(1)(i-b) of the
Hindu Marriage Act, 1955.
2. Grant any other relief(s) as deemed fit in the interest of justice.
Date: [To be filled on filing]
Place: Jamshedpur
Filed by:
Counsel for the Petitioner
