Written Notes on Final Arguments on behalf of Petitioner Medhawani Singh under
Section 314 Cr P.C.
1. That Petitioner Medhawani Singh D/O Surender jeet Singh R/O Flat T -3, 652,
Sector 1, Vasundhara , Ghaziabad was got married with Manoj Kumar Tanwar S/O Shri
Balkishan R/O WZ-462 A, Basai Darapur, New Delhi 110015 on dated 18/02/2018. The
Marriage between the Petitioner and Respondent was solemonized with revelery as
per Hindu rites And Ceremonies at Ghaziabad, UP. The parents of Petitioner expended
more than Twenty Lakhs Rs in marriage.
2. That after Solemnization of the marriage , Petitioner went to her Matrimonial home
but could not live even one month due to cruelty and Domestic Violence of her
husband and his family. The Respondent and his family demanded a Luxurious Car and
Cash of 20 lakhs . When the parents of Petitioner could not afford this demand, they
began to torture and harass petitioner mentally and physically . The conduct of the
Respondent and his family became very cruel and they expelled Petitioner from the
house and Petitioner .
3 That Approximately Twenty days after the marriage, Respondent and his family
expelled the Petitioner only in bearing clothes and took all her Stridhan and all other
valuable things etc. . Petitioner is presently living with her parents atFlat N0 T-3,
1/652, Sector 1 Vasundhara, Ghaziabad, UP . But Respondent did not stop from
harassing to Petitioner even after the saparation . Respondent began to give threats,
abuses and vulgar comments on Phone .The Respondent filed false complaints in
various Police Stations And filed false court cases on false grounds against the
Petitioner.. Respondent started to send frivolous messages and Video calls to the
Petitioner. Petitioner has been living separately since March 2018 but Respondent has
not condoned the acts of Cruelty upon the Petitioner.
.
4. That Petitioner has filed a Divorce Petition in this Hon’ble Court on the grounds
of Cruelty U/S 13(1)(A) Of Hindu Marriage Act 1955 on dated ____________.
The case is facing Trial and is on final stages of adjudication. That petitioner wants to file
written Notes on Final Arguments subjected to cruelty grounds as given under ------
Section 13 (1) a of Hindu Marriage Act
(1) Any marriage solemnized, whether before or after the commencement of this
Act, may, on a petition presented by either the husband or the wife, be dissolved
by a decree of divorce on the ground that the other party--
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[(i) has, after the solemnization of the marriage, had voluntary sexual intercourse
with any person other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with
cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years
immediately preceding the presentation of the petition; or]
(ii) has ceased to be a Hindu by conversion to another religion; or
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[(iii) has been incurably of unsound mind, or has been suffering continuously or
intermittently from mental disorder of such a kind and to such an extent that the
petitioner cannot reasonably be expected to live with the respondent.
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by
those persons who would naturally have heard of it, had that party been alive.
It is therefore Petitioner has filed Divorce Petition U/S 1i on the ground of
Cruelty.
Cruelty – The Expression Cruelty has not defined in H MA Act. Cruelty has an
inseparable nexus with human nature and conduct. Its always dependent upon
the social starta to which the parties belong by their social Status. Its differs from
person to person. It is depend on many factors like Education, Family
Background, financial position, customs, traditions, religious beliefs etc. Cruelty
as a ground for dissolution of marriage may be defined as willful and unjustifiable
conduct of such character as to cause danger to life, limb, health, bodily and
mental or as to rise to a reasonable apprehension of a such a danger etc.
Mental Cruelty is also a ground for dissolve a marriage . The concept of
Mental Cruelty cannot remain static, it can be change with the passage of time. It
is dependent on impact of modern culture and electronic media, Social values of
parties, environment in which parties live..
Divorce Petition Filed by Petitioner on the grounds of Cruelty U/S 13 (1) (i) in the
following way---------------
1. Dowry Demands
That just after marriage , Respondent and his family demanded for a luxurious car and
cash worth Rs._ 20 lakhs . Parents of Petitioner had expended more than 20 Lakhs in
marriage but now they could not fulfill their demand for more Dowry. Not fulfilling
their demands , Respondent and his family began to torture to Petitioner by way of
mentally and physically methods. The conduct of Respondent and his family became
so cruel and they finally expelled the petitioner from their matrimonial home.
Petitioner could live only 20-25 days in her matrimonial house . Reaching at her
Paternal Home, Petitioner filed a complaint in Mahila Thana, Ghaziabad against the
Respondent and his family against dowery u/s 498A IPC. The case is pending before
the Chief Judicial Magistrate Ghaziabad in title of Medhawani Singh Vesus Manoj and
others .
2. Domestic Violence
Petitioner wanted to live in her matrimonial home but could not continue due to
cruel conduct of her husband and his family. Respondent and his family committed
many acts of domestic violence towards the Petitioner. Only for Dowery , they
expelled her from their house in bearing clothes and Petitioner was forced to live in
her parental home . B ut respondent was not satisfied, he began to harass the petitioner
by making false allegation, complaints and false court cases. Petitioner was tortured
mentally and physically by the Respondent and his family continuously . Therefore
Petitioner filled a complaint in Indirapuram Police Station for giving protection
against Domestic Violence U/S . Section – 18,19,20,22 of D. V. Act 2005. The case is
pending before the Chief Judicial Magistrate , Ghaziabad in the title of Medhawani
Singh Versus Manoj and others , case no 513/2021.
3. Breach of Trust
That the parents of petitioner gave some Gold ornaments and valuable Materials/things
to petition on her wedding but all these gold ornaments and valuable things were kept
by the Respondent in his possession. Respondent and his family members – Shri Bal
Kishan Tawar (Father), Smt . Mithelesh (Mother), Smt. Meenakshi (Sister) have taken
her Stridhan from the Petitioner.
That Petitioner's parents expended more than 20 Lakhs in Marriage but Respondent
and his Family was not happy and demanded a Luxurious Car and 20 Lakhs more. The
parents of Petitioner could not afford it as they had already done expenditure of 20
lakhs in their marriage beyond their capacity. Respondent and his Family began to
torture her. All Stridhan is in the custody of the Respondent. Petitioner has requested
many times to return her Stridhan but Respondent did not Return, when No Remedy
was left, Petitioner filed a Complaint Case in before the Chief Judicial Magistrate
(Sr.Divi./ FTC IV) Ghaziabad u/s 406 I.P.C, which is pending in the Court.
Case No 4029(1) In Title of Medhawani Versus Manoj Kumar And Others.
4. False Complaint filed by Manoj Kumar Tanwar in P .S Moti Nagar, Delhi on dated
25/04/2021.
That Respondent filed a complaint against Petitioner and her Family in Moti Nagar
Police Stataion on 25/04/2021. In This Complaint, Respondent levied False allegation
upon the Petitioner and her family by saying that Petitioner was residing with her
parents on T-3, 652/1, Sector-1, Vasundhara, Ghaziabad, and Petitioner has herself
shown as tenant at bearing Number J Block, H. No. 133Laxmi Nagar , Delhi and
submitted False Rent-Receipts to her office on for gaining wrong gain. Police of
Laxmi Nagar Called Petitioner and her Family members For Verification and found
that Petitioner was living as tenant there . Her office was situated at Delhi so she took
a rented flat at Laxmi Nagar, Delhi. The Complaints made by respondent were
not true and it was a way of harassing . Petitioner never filed false and fabricated
receipts to claim HRA Benefits from her office. Thus Respondent’s this act comes into
combat of Cruelty .
5. Respondent was not hарру with Police Proceedings and he filed a complaint u/s
156 (3) before the Hon'ble Count C .M.M. KKD, East Delhi For registration of FIR
against the Petitioner and her Family U/S 420, 467, 468, 471 IPC But CMM East KKD
Court Delhi, dismissed the complaint of the Respondent and passed a dismissal order
and refused to register any complaint against Petitioner. But Respondent has requested
to pre-summoning evidence u/s 200 Cr.P.C.
6. False Complaints filed by Manoj Kumar Tanwar to D. C.P. West District , Rajouri
Garden , New Delhi Respondent Manoj filed a false complaint that his life and
property is in danger due to the Petitioner (Medhavani) This Complaint was also
dismissed by the Police officials. Police took no legal action against the petitioner as
Petitioner was innocent.
7. Being dissatisfied with Police Proceedings in Rajouri Garden, Respondent Manoj
Kumar Tawnar filed a petition/Complaint U/S 156(3) to register a FIR against Medhavani
Singh and her family members In The Court of Ld. C M. M. West District Tis Hazari
Court, Delhi. And Thus, A False Case was filed by Respondent Manoj Tanwar against the
Petitioner and her Family U/S 384, 504,506, 120 B/34 I.P.C. Respondent made False
allegations that Petitioner and her family are threatening to the Respondent and his
Family to inflict them in False Cases. Respondent also charged of illegal demand, of
extorting Rs 15 Lacs Cash and half Share of his property etc, which are totally wrong
and hence denied. Respondent blames that Petitioner and her Family is threatening and
abusing on social media, Phone etc , all allegations are wrong and baseless. Respondent
also blamed that Petitioner is threatening to kill him, while going to Ghaziabad Court. It
is so humorous no one can believe. Respondent is continuously harassing the
petitioner and her family. The case is still pending before the Ld Judge Shagun, Court
Room 268 Tis Hazari Court, Delhi.
Petitioner is a working women, who is posted as Excise Inspector in GST
Department Delhi. but she has to go for Court proceedings to take Leaves . Above
noted Case was Filed on 16/4/2021 and Still is pending before this Hon’ble Court
and Petitioner is troubled much by Respondent’s baseless acts without any reason and
truth. Respondent has given much mental and Physical torture and harassment to the
Petitioner and her family.
7. Defamation
Respondent in his complaint in P.S. Moti Magar and P.S. Rajouri Garden has defamed
Petitioner and her father .Respondent written that Father of Petitioner is sentenced. But
it is not correct, in fact Her Father Surender Jeet Singh is a practicing Lawyer in
Ghaziabad. Many years ago, he was arrested in a family dispute, but later on , he was
acquitted by the Hon’ble Court Allahabad. Respondent’s statement “Sentenced (साजा
याफ्ता)” loses the reputation the Petitioner and her family. Thus this type of false
allegations are cruelty.
Respondent has also blamed on the brother and Mother of the Petitioner by
calling/Addressing them the persons of Criminal Nature . it is Cruelty and is enough
ground to give Divorce to the Petitioner. Respondent has alleged that Petitioner and her
family is threatening to extort money, to Kidnap and kill Respondent is totally Wrong
and unbelievable. Only motive of Respondent is only to harass the Petitioner.
8. Electronic Evidence.
Respondent Manoj Kumar has Submitted Electronic Evidence (WhatsApp, Phone
messages). The Information Contained in this electronic records is not correct. All
Conversation is one sided , Respondent has deleted his part of conversation. These
Electronic evidences, produced by Respondent are False and Fabricated. In the Month
of August 2019, Respondent became ready for mutual divorce and demanded Rs. 30
lacs from the petitioner. But petitioner did not ready to give Rs. 30 lacs then he tored
petition of mutual divorce and abused to petitioner. Respondent has threatened to
petitioner on WhatsApp chat on 12/01/2021 that is attached in the court file.
9. False theft allegation
Respondent went to the office of the Petitioner at Connaught Place, Delhi with male
Police and began to shouting on the petitioner in front of her collages and staff. He
alleged that petitioner has stolen gold ornament/jewelry from his house that the
petitioner was so humiliated and got shocked. Later on Respondent send a message to
the SHO Connaught Place, Delhi that “No matter was of theft. No Police action
required” on 12/01/2021.
Petitioner has attached this admission of Respondent (Manoj Kumar Tanwar) to the
Court file. A complaint by DGP Office was sent to the office of Respondent in Rajkot,
Gujarat. In which he was warned not to do any false and illegal action against Petitioner
in future, but respondent has not stopped from doing false and illegal activities till now.
And is harassing to Petitioner and her family. Respondent is filling RTIs continuously
which is breach of right of Privacy (Fundamental Rights).
Prayer
It is therefore most respectfully prayed that this Hon’ble court may be pleased to
dissolve the marriage on ground of cruelty U/S 13 (1i) HMA.
These are enough grounds to prove cruelty. Petitioner Medhavani Singh is suffering with
mental and Physical harassment, caused by the Respondent for a long time. Petitioner is
a working as G.S.T. Inspector in Delhi. She has to travel Long distance to attend Court
proceedings in Ghaziabad and Delhi. Her official work is also suffered. Therefore, it is
humble request to the Hon'ble Court to dissolve the Marriage on the ground of cruelty.
Marriage should be dissolved on irretrievable grounds, under Cruelty too with heavy
cost on Respondent.
Any other Relief as this Hon'ble Court team fit and proper in the interest of justice may
be given in favor of Petitioner.
Petitioner
Date
Place
Through
Advocate
