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H.M.P.N . 257/2005
IN THE COURT OF THE HON’BLE JUDICIAL MAGISTATE
FIRST CLASS, GONDIA, DIST. GONDIA
JAYA KUMAR ………………………. PETITIONER
VERSUS
JAI KUMAR…………………..….…. RESPONDENT
PETITION UNDER SECTION 13 OF HINDU MARRIAGE ACT & APPPLICATION
UNDER SECTION 125 OF HINDU MARRIGE Cr. P. C.
MEMORIAL ON BEHALF OF PETITIONER
COUNSEL ON BEHALF OF PETITIONER
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TABLE OF CONTENTS
1. List of Abbreviations……………………………………03
2. Statement of Facts …………………………………….. 04
3. Statement of issues………………………………………05
4. Summary of Arguments………………………………...06
5. Statement of Jurisdiction……………………………….07
6. Index of Authorities Statutes …………………………..08
7. Case Law ………………………………………………..09
8. Bibliography……………………………………………..10
9. Web Sites ………………………………………………..11
10.List of Documents……………………………………….12
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LIST OF ABBREVIATIONS
Full-Forms
Abbreviations
& And
AIR All India Reporter
Art. Article
Cr.P.C. Criminal Procedure Code
Dist. District
End. Edition
Etc. Et cetera
HMA Hindu Marriage Act
Hon’ble Honorable
No. Number
Para. Paragraph
Pg. Page
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STATEMENTS OF FACTS
1. The Petitioner MRS. JAYA W/O JAI KUMAR and the
Respondent MR. JAI S/O BABURAO KUMAR are husband and
wife. Their marriage was solemnized according to Hindu Vedic
Rites on 5Th day of April 2000 at Gondia. Their marriage was not
registered under any law but have WEDDING CARD and VIVAH
SATYAPAN FROM PANDITJI .
2. Allegation of the petitioner MRS. JAYA W/O JAI KUMAR is
that the Responded MR. JAI S/O BABURAO KUMAR is not
faithful to his wife. That from the last two years the Respondent
MR. JAI S/O BABURAO KUMAR is residing with one lady
MONA SAHAGAL and regretting and refusing to maintain his
wife. The Petitioner MRS. JAYA W/O JAI KUMAR is
Housewife and so therefore she is unable to maintain herself.
3. The Respondent MR. JAI S/O BABURAO KUMAR is working
as SENIOR CLERK at PWD, Gondia.
4. The petitioner MRS. JAYA W/O JAI KUMAR with 2years
Baby Girl Child left the matrimonial house and shifted to her
parent’s home at Bhandara.
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STATEMENTS OF ISSUE
1. Whether the Petitioner MRS. JAYA W/O JAI KUMAR is
entitled to relief or not?
2. If the Petitioner is entitled for to relief she can claim?
3. Whether the Petitioner is entitled for divorce petition or not?
4. Whether the Petitioner is entitled for Maintenance if she file
divorce petition?
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Summary of Arguments
In this case the Petitioner suffered since marriage without rim and reason
while the Respondent has neither care her wife nor proper treat him even
her pregnancy period. Whenever the Petitioner saw chance, he irritated
her wife. After all she is a woman and have some needs but any time the
petitioner ignored her needs and ready to disputes. Not only ignored her
but also her parent and baby girl child. Every time the Respondent told
her wife in abused language, take heavy drink daily and came late night.
Over all, the Petitioner has right to live her life dignity and hence give the
judgment against the Respondent.
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STATEMENT OF JURISDICTION
The Petitioner have approached the Hon’ble Court.
This read hereunder, The Hon’ble Court have power to hear the petition
in case conviction held by ………… Hon’ble Court.
The Hon’ble Court power to try this case.
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INDEX OF AUTHORITIES STATUTES
Hindu Marriage Act, 1955
Criminal Procedure Code, 1973
Law of Evidence
Civil Procedure Code, 1908
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CASE LAWS
1. Nagendrappa Natikar Vs. Neelamma, AIR 2013 SC 1541
2. Dwarika Prasad Satpathi Vs. Bidyut Prava Dixit, AIR 1999 SC
3348
3. Chanmuniya Vs. Virender Kumar Singh Kushwaha, JT 2010
(11) SC 132
4. Jayachandra Vs. Aneel Kaur, AIR 2005 SC 534 (ThreeJudge
Bench)
5. Smt. Savitri Pandey Vs. Judge family court Allahabad, 2004 Cr
LJ 3934 (All)
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BIBLIOGRAPHY
1. M.P. Jain – Indian Constitutional Law; and
2. Ratanlal Dhirajlal – Criminal Procedure Code; and
3. Mulla – Code of Civil Procedure; and
4. Batuklal – The Law of Evidence
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WEB SITES
India Kanoon
Lawctopus
Law Firm
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List of Documents
1. Wedding Card
2. Vivah Satyapan From Panditji
3. Police Complaint
4. 65 B Criminal Evidence
