IN THE COURT OF LD.

DISTRICT JUDGE ( FAMILY COURT) ,

JAMMU

1. Vanika Choudhary
W/o DhavalJitendraSanghavi
R/o Flat No. 8 Block 10, Brady’s Flat,
1st Pasta Lane,Colaba,
Mumbai, Maharashtra-400005.
AT PRESENT H.No. 99, Rehari Colony,
Opposite Boys Higher Secondary School
Jammu-J&K- India- 180005.

…….Petitioner
V/s

Dhaval Jitendra Sanghavi

S/o Jitendra Sanghavi
R/o Flat No. 8 Block 10, Brady’s Flat, 1st Pasta Lane,
Colaba, Mumbai,
Maharashtra-400005.

…..Respondents
In the matter of: -
PETITION UNDER SECTION 13(1) OF HINDU
MARRIAGE ACT ,1955 for the dissolution of
marriage by decree of divorce.
 May It Please Your Honour;

The Petitioner above most humbly submits as under:-

1. That the petitioner is the wife of respondent and their marriage was
solemnized on 16-November-2016 at Asia Health Resort and Spa,
Strawberry Hills, Near, Dal Lake-McleodGanj, Dharamshala,
Himachal Pradesh 176216 according to hindu rights, rituals and
customs, and out of the wedlock one male child namely Agastya
was born on 12-September-2019, who is at present 4 ½ years of
age and has completed his preschool on 10 th April 2024 from
Saifee School, Mumbai and at present is studying in Golden Roots,
Gandhinagar, Jammu
2. That the status of parties to the petition before and after marriage
and at the time of filing of this petition is stated as under:-
S. Before Marriage After Marriage
N
o
1. Petitioner Respondent Petitioner Respondent
2. Status Un Divorcee Married Married
married
3. Addres At present:
s H.No-99,
Rehari Flat No. 8 H.No- 99, Flat No. 8
Colony, Block 10, Rehari Block 10,
Opposite Brady’s Flat, Colony, Brady’s Flat,
Boys 1st Pasta Lane, Opposite 1st Pasta Lane,
Higher Colaba, Boys Higher Colaba,
 Secondary Mumbai, Secondary Mumbai,
School Maharashtra- School Maharashtra-
Jammu- 400005 Jammu-J&K 400005
J&K-

3. That the petitioner herein is bachelor’s in mass media with

specialization in Advertising and had worked as COO of “Out of
Home Media” and after quitting the Corporate world , started her
own venture and at present is renowned chef and has various
personal and professional achievements under her credit, some of
which are as under: -

⮚ Yoga teacher’s training 200 hours in August 2015.

⮚ Trekked over 14,000 feet for over 2 weeks, Markha Valley Trek in
September 2015.
⮚ Worked as COO in “Out of Home Media” till June 2015 and
thereafter started a venture in the name of “Mindfull Cook Private
Limited” (having 2 restaurants) namely Sequel in 2016 and then
subsequently Noon in February 2022 having total 3 branches in
Mumbai.
⮚ Gained international accreditation award talent of the year 2024 by
La Liste French Ranking Restaurant Guide.
⮚ By dint of her hard work and being a chef, the noon was
recognized as one of the top 50 restaurants in India by Conde Nast
Traveler India and had been posting residencies across the world,
working with some of the best and the most renowned chefs.
⮚ In 2004, the Noon has been awarded with 3 stars by the culinary
culture for being one of the finest restaurants in the country.
⮚ Being a chef, there had been many remarkable achievements
gathered by the petitioner to enhance her professional skills and
to make mindful cook private limited, and these restaurants were a
brand not only in the country but worldwide.
4. That in the year 2015 i.e., prior to marriage, petitioner was
working as COO in “Out of Home Media” , however the petitioner
always wanted to start her own venture, as such she was torn
between the idea of starting her own venture or to stay in the
corporate world. Finally, the petitioner decided to start her own
venture and decided to quit as COO in “out of home media “in
June 2015.

5. That the respondent is Chartered Account by profession and is

partner in Jitendra Sanghavi & Co., Mumbai.

6. That the petitioner for the first time met the respondent in a
restaurant called Saltwater Café, Mumbai, through her common
friends in the year 2014-15 and finally the respondent proposed the
petitioner for marriage, and it was during the said period, the
petitioner had decided to start with her own venture, quitting the
corporate world.The petitioner worked really hard to successfully
come up with her new venture and eventually shared her ideas vis-
a-vis aforesaid project with the respondent in her courtship period.
The petitioner had all plans to put in her own money and also to
raise loans, to start the aforesaid venture and one day , the
respondent after analyzing bright potential in the aforesaid new
venture which was the brain child of the Petitioner, came up with
the proposal for making investment in the aforesaid venture of the
petitioner, to which the petitioner was reluctant and candidly told
the respondent that she wanted the venture of her own , taking full
responsibility of her success or failure.
7. That after a week later, the respondent again approached the
petitioner with the same proposal and suggested that both of them
should register the company as 50-50 % shareholder and
emotionally pressurized the petitioner that they were going to
marry soon and why would the petitioner not give 50% of equity to
her husband, and finally, though the petitioner was reluctant but
agreed for the said proposal and the company came to be
incorporated and registered under the name of "Mindful Cook
Private limited" in the year 2015, with a clear understanding that
the respondent would be the silent investor/ shareholder and
complete show would be managed by the petitioner and finally a
restaurant under the name of Sequel was opened at Bandra in
Mumbai in the year 2016.

8. That finally the parties to the petition got married at Himachal

Pradesh, which included functions of Mehndi, HaldiSangeet and
Reception, the expenses of which were borne equally by the parties
as already decided between the parties.

9. That right from the day one of the marriage, the petitioner and her
parents were humiliated and insulted by the respondent and his
parents at the wedding venue, in front of all guests and relatives,
just because they had to wait for a few minutes, when the Bharat
arrived. The Bharat was delayed for over 2 hours and just before
they arrived, the Pandit went to use the washroom and when the
parents of the petitioner realized that the Bharat was coming, they
immediately rushed to call the Pandit and in such a state of chaos,
the parents of the petitioner were not present at the door to receive
the Bharat, which triggered the parents of the respondent, to get
extremely angry and without considering the age , occasion and
 relation , in front of everyone, humiliated disrespected and insulted
the parents of the petitioner . The petitioner who was expecting
some consoling words from her would-be life partner/husband,
even held the parents of the petitioner to be wrong and insisted that
her parents should apologize for not receiving them properly to
respondent and his family members, that too in front of all the
guests. The insult and disgrace so faced had put the petitioner and
her parents into a shambles on the first day of the marriage itself.
The respondent while in room on the first night of the marriage,
did not leave the topic and started cursing the petitioner and her
parents and got extremely angry, which made the petitioner to cry
for whole night and the respondent showed no remorse for such an
uncalled for conduct.

10. That the petitioner had always thought that the respondent
was a compassionate, understanding human being, but it was quite
surprising that the conduct of the respondent was poles apart, what
he was pretending prior to marriage, as the same was a complete
facade. From the day one of the marriage, he started acting as a
control freak and the petitioner even realized that he was having
actual anger management issues.

11. That immediately after the marriage, the respondent and his
parents started acting as complete control freaks and categorically
told the petitioner that she had to adopt an attitude and approach
of “their way or highway”. The petitioner being self-independent
lady with ambitions in her life, which was very much clear to the
respondent and his family members even prior to the marriage was
completely disturbed with such an attitude, specifically when there
was absolutely no act on the part of the petitioner to disgrace or
differ the respondent and his family members, on any point, but it
 seem that such a conduct was a pre-conceived and planned act to
control the petitioner their way, so that they could make a
complete dominance over the petitioner.

12. That though the parents of the respondent were staying at a

separate place at Mumbai and the parties to petition were residing
at Flat No. 8 Block 10, Brady’s Flat, 1st Pasta Lane,Colaba,
Mumbai, Maharashtra-400005, which was the shared
accommodation with in the meaning of Protection of Women from
Domestic Violence Act, 2005, owned by respondent but the
mother of the respondent had given clear instructions that the
respondent had to stop eating non vegetarian and had to become
vegetarian, and even started controlling the clothing of the
petitioner , in as much as, the respondent and his parents would
keep belittling the jewellery and clothes of the petitioner , by
saying that it doesn’t suit their status. It is apt to mention that
immediately after marriage the respondent and his parents even
started demanding articles by commanding the petitioner to ask
parents to send the same.

13. The mother of the respondent kept on regularly asking for

pashmina shawls and saffron to be gifted to her by the parents of
the petitioner , to which the petitioner initially remained mum but
the said demand became consistent, and the petitioner told the
same to the respondent but surprisingly the respondent got angry
and humiliated the petitioner and to the contrary, told the petitioner
that her parents were not even in a position to fulfill such a pity
demand of his mother and finally on the asking of the petitioner,
the parents of the petitioner arranged the shawls and saffron and
send 2 shawls to the mother of the respondent , amount of which
 was paid by the petitioner and upon receiving the aforesaid 2
shawls, the respondent told the petitioner to ask her father to buy 2
more pashmina shawls, to which the petitioner immediately
objected and the petitioner had to bear with verbal abuse of the
respondent, and the petitioner even then made it clear to the
respondent that she did not have much money to fulfill such high
demands of the respondent and his parents nor could she ask her
parents to pay for their demands, which led to further verbal
argument between the petitioner and the respondent, and the
petitioner demanded the money paid by her, for purchase of a
aforesaid shawl, and it was on the regular request, the aforesaid
money for purchase of shawl was paid back to the petitioner after
considerate amount of time.

14. That though the respondent owned a flat in Mubai, where the
petitioner and respondent shifted after marriage but surprisingly
the petitioner was asked to pay for the monthly rent for the same
and from year 2016 till early 2022 approximately , the petitioner
was made to pay rent to stay in the said flat by the respondent.

15. That there had been regular demands of hampers from the
restaurant of the petitioner and the respondent by the parents of the
respondent on different occasions, family gatherings, etc which
included 30 to 50 hampers per occasion, each costed almost
₹10,000/-, which was completely burdened upon the petitioner and
on account of such persistent demands, the petitioner had to
unnecessarily undergo financial losses for venture, which was yet
to grow and was causing harassment to the petitioner, as the
petitioner, who was giving her everything to the set venture, was
taken so lightly that she would go completely out of budget to
manage the other expenses. It is submitted that it was only on the
 occasion of Diwali, the said hampers were paid for, and the rest
would remain at the leisure and decision of respondent and his
parents.

16. That within few months of marriage, the respondent who had
agreed to be the silent investor, started coming to the restaurant
every single day and started interfering in every decision of the
restaurant and slowly by his conduct and aggressive attitude started
taking unilateral decisions with regard to the aforesaid company
and restaurant, in complete ouster to the petitioner. The petitioner
realized that the respondent was taking a complete hold of the
restaurant, in exclusion to the petitioner, and confronted him with
such a conduct, to which the respondent replied that the petitioner
was good at cooking only and asked her to concentrate on kitchen
and to leave the rest on him. The petitioner reminded him of the
consensus drawn between them at the time start of the company, to
which the respondent audaciously replied that “gone are those
days”.

17. That showing any kind of reluctance to provide the hampers

free of cost to petitioner or his parents would lead to huge
harassment and insult to the petitioner at the hands of respondent
in as much as the respondent used to get aggressive and abusive,
whenever the petitioner had confronted the respondent with regard
to the financial losses which had to be borne by the company upon
asking of free hampers.

18. Thatsoon after marriage respondent asked the petitioner to

ask for money from her father to pay for their honeymoon and
finally after regluar pressure, the father of the petitioner transfered
 the amount in to the account of petitioner and after four months of
marriage , the respondent decided to go for honey moon to Kenya ,
Narobi , Nakui&Masaimara. The petitioner was completely fearful
with the angerful and abusive conduct of Respondent and was in so
much fear that if things would not happen his way , it would create
problem for petitioner. The petitioner being director of company
and chef used to get salary from company but the petitioner was
even not allowed to use the aforesaid salary and even buy things
for herself and incase the petitioner would buy anything for herself
, the respondent used to become abusive and used to tag petitioner
as financially irresponsible person. The respondent had
categorically told the petitioner that she need to work doubly hard
to ensure that he could buy a Ferrari in his 40’s and the money of
the petitioner was for him and not for petitioner to spend on
herself.

Taking all the atrocities , the petitioner wanted to live her

dream to see her company and restaurant flourishing and taking
advantage of the same , the respondent even wanted the petitioner
to work day and night to bring home good money so that the
respondent could use the same for his luxeryand leisure life.

19. That within few months of marriage , the respondent had

completely taken over the company, taking all the unilateral
decisions and the petitioner was confined to work more of a chef
then be the owner/Director of the company. The respondent had
lost love and affection for petitioner and he would not even
hesitate to harass the petitioner in front of employees of the
company /restaurant and the respondent would barely
communicate with the husband in the house. The only
communication left was only in respect to the business that too a
 lecture as to how to increase the business and how petitioner had to
work too hard to set good business and clientage for want of
money.
It is submitted that in almost 8 years of marriage , only on three
occasions , there was physical and sexual intimacy between the
parties and relation of the parties was more of business partners
than life partners in as much as by conduct & acts of the
respondents , there was no intimacy of the parties to show that they
were husband and wife and the marriage had become more of a
business relation where the petitioner was gold laying hen for
respondent which he never wanted to loose and at the same time ,
never wanted to be with as a husband.

20. That the petitioner had been mentally , financially and

sexually harassed to such a level by the respondent , that the same
completely lowered the self esteem of the petitioner. Adding insult
to the injury , during Covid time , the respondent took a unilateral
decision that the petitioner would not be paid the salary for the
Covid year though other employees were being paid for the
same.The respondent had taken over all the accounts and financial
decision of the company & was maintaining accounts and billing
counters as per his own whims and fancies and was even maintaing
accounting for aforesaid company without taking petitioner into
confidence and the remuneration of the petitioner shown in the
audit report of the company in the every year salary of the
petitioner was also showing discrepancies for which obviously ,
the petitioner had no say.

21. That the level of controlling petitioner on the part of the

respondent had gone to such a level that even after working day
and night as per the dictates of the respondent , the petitioner had
 to do all the household chores on her own at the house in as much
as the respondent had took a candid decision that except a house
cleaning maid , no domestic help would be provided to the
petitioner. The petitioner had been subjected to Domestic Violence
be it financially , mentally & sexually , which she had been bearing
since inception of her marriage with tight lips and with a hope that
better sense shall prevail on respondent , but the said violence kept
on increasing with time.

22. That as already stated , that there had been sexual intimacy
only thrice since the marriage , the third time the petitioner got
pregnant & while the petitioner was in her First trimester in
February , 2019 , the respondent decided to get a dog in house ,
but the petitioner tried to convince him that he did not had a full
time help at home and had just a maid who used to come to clean
the house for 2 hours only and it would not be practical to make
dog live at home as by that time they had two restaurants running
in city and even the petitioner was pregnant and was not in a
position to cope up with the work and to have additional
responsibility of dog in such physical state , but of no avail. The
respondent brought home a French bull Dog against all odd
conditions specially for dog. Since the respondent could barely
control his anger as such every time the dog used to pee or poop in
house , the respondent used to ruthlessly beat the dog and dog
used to cry too much and looking at cruelty at time, the petitioner
had to leave her house in middle of the night during her pregnancy
because of the said mental trauma and violence and had to spend
most of the night in the lane and the respondent never used to
enquire for the same.
23. That it is the known fact that during pregnancy , there had
been many changes going in the body of the women and at that
point of time , it is the love , affection & care of husband which
the women expect the most but to the contrary , least could be
expected from her husband in as much as even at that point of
time , the respondent only expected business from the petitioner
even at the cost of her health.

24. That during the pregnancy , the petitioner was so ill treated
and mentally harassed by the respondent that her patience finally
broke and she sent whatsapp messages to the respondent narrating
as to how the respondents and her parents had treated her and it
was only out of frustration and outbreak , such messages were sent
to the respondent so that he could atleast realize what petitioner
was going through .However most of the messages were neither
replied or led to further agitation of the respondent. There had been
huge mental harassment to the petitioner during her pregnancy &
absolutely no care was provided by the respondent.

25. That even a day before the petitioner went to her labour on
10/09/2019 , the petitioner had sent message to the respondent but
he did not reply to the same nor came in bedroom to check the well
being of the petitioner and the petitioner even waited for over two
hours after her water broke out since she was scared that if she
would woke up the respondent , he used to scream at her for
disturbing him and the messages so sent would clearly show the
state of mind of women during pregnancy specially when she was
going in for water/Natural birth.

26. That in September 2019 , when a male child named

Agastyawas born , the parents of the petitioner had come to
 Mumbai , the respondent and his parents in one way or another
humiliated the parents of the petitioner, which made the father of
the petitioner to leave Mumbai within 3 weeks in as much as the
respondent had been telling the petitioner that he never wanted her
parents to stay in their house . The father of the petitioner would
barely come out of the room as most of the time , respondent used
to scream and even told the mother of the petitioner that her
cooking smells, were bad fumes for the baby. On one occasion ,
the petitioner’s father used the bathroom of the bedroom of the
respondent and the respondent immediately started screaming upon
the father of the petitioner least realizing relation and age of the
father of the petitioner.

27. That after few days of the birth of male child Agastya, the
respondent saw a property in BKC , Mumbai for expansion of
restaurant “Sequel” and the petitioner told him that it was not the
right time as she had just become a mother and expansion would
not be appropriate at this time but respondent paid deaf ears and
went on with negotiation. After few months, Covid-19 hit the
country and the petitioner again requested the respondent to wait
for some time as she wanted to spend quality time with her child
and also wanted to regain her mental peace and physical strength
but the respondent started shouting on petitioner and started
telling her that she was useless , not good enough , only good in
kitchen and had no business and financial skills. Such words were
regularly used by the respondent which had made the petitioner to
doubt her self confidence and the petitioner kept on working and
gaining further expertise and experience to bring more money to
business and venture on dictates and commands of the respondent.
In November , 2019 , the parties alongwith the child had come to
the Jammu, where parents and extended family of the petitioner
 gave atleast an amount of Rs. 5 Lakhs in cash to the Augustya
since it was the first time that the parties visited Jammu after birth
of Child , even the said money was taken over by the respondent.
That on many occasion the petitioner had been compelled by the
respondent to demand money from her parents , making them to
transfer/ deposit in her bank account.

28. That in September , 2020 , the petitioner alongwith child

Agastya had come to Jammu during Covid-19 and stayed at
Jammu for two and half months and respondent had come for
Agustya’s birthday but even at that time , he left no card unturned
to be harsh and insultive to the parents of the petitioner , who
used to tell parents of the petitioner that there house was not
good enough and they did not even have proper facilities as per his
status. However, the respondent , in order to make the petitioner &
her parents more embarrassed , brought an Air Conditioner &
Dishwasher in house as there was no Air Conditioner in lobby and
he never wanted to eat food in utensils, without being washed in
dishwasher. The parents of the petitioner insisted that there was no
such requirement but the respondent in order to make them guilty
did such an act and subsequently started harassing petitioner that
he had paid for Air Conditioner & Dishwasher & started
compelling her to ask for said money from her parents.

29. That even after the birth of child , there was absolutely no
change in the conduct of the respondent & he used to scream ,
abuse , & yell at the petitioner in front of child, without
understanding the psychological repercussion on child by his such
loud words . For most of the childhood ,Agastyawas fed & taken
care by the petitioner. It was only after the child turnedmore than
oneyear,afterrepeated
 requestsandliteralbeggingafulltimemaidwashired,whowasalsopaidt
hroughMindfullCookPrivateLtd,whostayedforoneandhalfyearappro
ximatelyandthensheleftandthereafterhadfulltimemaidfortwomonths
lastyear,otherthanthattherewasneverhadfulltimemaids/nanny.
However finally after persistent request a full time nanny was
engaged in June 2023.

30. That on 10/07/2021 , the respondent as usual started hitting

the dog “walnut” making him scream badly that too in front of
Agastya and the petitioner perturbed with such an act, leading to
physical cruelty on dog and psychological cruelty to her child,
which was objected by the petitioner but same also led to the
verbal scuffle among the parties and the petitioner told the
respondent that she had taken all her atrocities but she would not
let her child go through any such mental or psychological trauma
to which petitioner got completely angry and he started hitting
himself with wall with Agastya in his arms, when he was only 2
years of age which made petitioner completely helpless and
became more fearful of the respondent on account of his anger
issues, that could be threat to child as well.

31. That psychological condition of the respondent would further

be gathered from the fact that for no reasons , he used to abuse the
parents of the petitioner, used to lecture the petitioner that she had
to spend more time at work place then to look for her child and
ironically he used to tell Augustya that his mother was broke but
his paternal grandfather was very wealthy and would take care of
him so as to humiliate the petitioner without understanding that
such words were not psychologically good for child. The verbal
lecture and sarcastic remarks, insulting petitioner by respondent
 were adding more poison to their relationship and had started
affecting the psychology of the child as well. The respondent had
been compelling petitioner throughout marriage that she had to
earn for him and the money earned by the respondent from his
profession was his money and he wanted to enjoy high profile life
for which the respondent had made petitioner as money minting
machine.

32. That finally in early 2022 , fed up with the regular torture and
harassment , the petitioner asked the respondent that she could not
live with him with such an attitude which was even making her
child to suffer as well and also told him that he had to start going
to his office (Chartered Accountant) regularly and stop coming to
the restaurants to which the respondent, candidly told that he
would not allow her to get divorce and told that he had put in
money into accounts of “MINDFUL COOK PVT. LTD.” which
money was to be returned with interest and since they have put in
money to fetch profit as such unless minimum of Rs. 10 Crore was
not fetched out from the said business which was his idea of
business , he would not let her go nor would allow her to leave the
business . Since marriage till July ,2022 , all the cheque books , net
banking login & passwords of the petitioner were with respondent.
Further even the account of “MINDFUL COOK PVT. LTD.”
were taken over and till date managed by him exclusively and the
petitioner was never involved in any financial decision by his
conduct. It was surprising to know that the respondent had even
involved his father in some of financial transactions and was
paying some amount to his father from the account of the
petitioner as such the petitioner insisted him to give back her
cheque books and change the Net banking password & also
removed standing instructions to bank for his father
 JitendraSanghavi for repayment of loan taken from him against her
wishes for the reason best known to him and therafter it was told to
petitioner that amount was being repaid to his father from the
company Midful cook pvt ltd.

33. That since last 2 years , the petitioner had categorically told
the respondent that she would prefer to be with her child than to go
for the business tours etc. but the respondent was more keen that
unless she would cook in the prestigious restaurants in world or at
new places for hipe , she would not be able to cater good money
for business and she would not be able to get the fame to fetch
more clientage . The respondent as an alternate, started travelling
with the petitioner with the child along to Ladakh , Kashmir ,
Kyoto , London & Bhutan, where she cooked for some of the most
prestigious restaurants across the world and receive a lot of
acclaim for her work but the moment , petitioner used to come to
hotel back/ Air Bnb , every night after work at these locations , the
first thing he would ask was that “what about his money”as the
respondent had told her that he wanted to fetch out atleat 10crores
out the said business. The mental harassment almost broke the
petitioner but she still focused on her work and tried to be the best
possible mother to Agustya even against the odd situation created
by the Respondent.

Over last one year , the respondent had openly and randomly
started humiliating petitioner in public , screaming , shouting and
telling the petitioner that she would burn the business to ground
and she was useless . It was surprising that despite the restaurants
were doing well and the money was being fetched from different
tours mentioned above, it was completely not acceptable that the
business was not doing well. However , the respondent was not
 allowing to check the financial transaction and accounts of
company which was in his complete control, even the login
password of the account of the company always under the
complete control of petitioner .

34. That finally in the month of September , 2023 , the

respondent told the petitioner that she should move out of the
house alongwith the child and they could live separately. The
petitioner told the respondent that she did not have any money to
support herself in as much as the company’s financial access had
always been with the respondent and even for months , salary was
not paid to her and whatever paid had been utilized by him in one
way or another. Nor was she given any profit out of business and
she was not having any money to sustain herself and her child
rather she had to ask her father for financial support in as much as
the respondent was not even paying for Groceries to the
petitioner , to which categorically told that he would not be giving
a single penny to her and told her that even the “MINDFUL
COOK PVT. LTD.” did not owe any money to her. To the
contrary , he told that there had been liabilities raised in the name
of “MINDFUL COOK PVT. LTD.” which clearly gave an
impression that the respondent had even played with and managed
the accounts of “MINDFUL COOK PVT. LTD.” , detrimental to
the right and interest of the petitioner . It is pertinent to mention
that since December , 2023 , he even stopped paying the salary
from “MINDFUL COOK PVT. LTD.” to petitioner , despite the
fact that it was the petitioner who use to run the said restaurants
being chef and even run the house as well in as much as all the
Groceries , Agastya’s clothes , toys , school fee was also been paid
by the petitioner expect on some occasions. Since the petitioner
was so much psychologically and financially abused that she had
 no option but to beg for proper settlement of accounts , but of no
avail.

35. That in January 2024, respondent messaged the petitioner

that it was the best time for them to part ways and asked the
petitioner to file for divorce and after the said message, the
respondent completely stopped paying a penny to the petitioner
including her salary, and it was more of a threat, how a women
without money support herself and how she could even seek
justice. To show further dominance and to harass and traumatize
the petitioner , the respondent told the petitoner that he wanted to
take the minor child to Italy in January 2024, though the petitioner
was reluctant for the same but having no option given, he took the
child to Italy for some days but the petitioner concrened about the
child send him message to take good care of him.

36. That thereafter there had been number of meetings arranged

to take a final decision not only for the business but with regard to
matrimonial life but the respondent was not ready for any of the
amicable settlement, obviously for the reason that he was having
complete hold of the finances and was dictating his conditions,
giving nothing to the petitioner and his child. The conduct of the
respondent came clear to the petitioner that he had been
manipulating with the accounts of the company and restaurants and
had used the petitioner like a tissue paper.

37. That since last alomst 3 month, there had been extreme
financial and mental cruelty on the petitioner , in as much as, the
respondent on the one side had not paid salary to the petitioner
and to put more pressure he had stopped clearing credit card bills
with company expenses and used to scream at the petitioner
 nonstop and also used to send aggressive mails, but surprisingly at
home, there was a complete 360 shift in him, as at home he used to
remain calm and silent, and used to instigate the petitioner by his
indirect actions and suddenly even send messages that they should
not talk in front of Agastya whereas he has been himself been
abusive and aggressive to the petitioner in front of Agastya since
the time he was born and seemed that he was doing so under some
planned advice.
.
38. That it is pertinent to mention that since last 2.5 years, the
parties have been sleeping in different bedrooms and on 5th of
April 2024, the petitioner got late from her work, since the dinner
services at the restaurant were slightly busy and went to the
respondent’s room to take Agastya to her room, but the respondent
woke up and started telling the petitioner that he would not allow
her to take Agastya in her room and blocked the door, and did not
even allow the petitioner to leave the room, as such the petitioner
lied down with her child in the said room and the respondent got
his phone and put his voice recorder on and started saying that
why have you come to snatch Agastya and also said that the
petitioner tried to hit him. The petitioner immediately smelled
foul play judging that the respondent was upto something and was
cooking to falsely frame the petitioner . The petitioner
immediately called various friends that night and her parents too,
extremely worried about her safety, in as much as, the respondent
had told the petitioner in furtherance of his blackmail tactics that
he would take away the minor child from the petitioner .

39. That after the aforesaid incident, the respondent started

threatening the petitioner to file the divorce petition and get away
from his life before it become danger to her life and limb. The
 respondent categorically told the petitioner that there was
absolutely nothing left for the petitioner in the company, nor he
would give a single penny from the amount swindled by him, and
since last 4 to 5 days, the petitioner could see few people
following her, to which the petitioner confronted the respondent
and the respondent replied that “many things would happen
now”.It was quite ironically that from past two months , the
respondent was behaving quite indifferently asking petitioner to
go out along with child and also doing things which was
completely contray to his conduct as if he was upto some thing in
as much as he engaged to two part time maids and even the credit
card bills of the petitioner spend for the resturants was cleared by
him leaving the amount used by her.

40. That the petitioner was concerned about her safety and the
safety of the minor child and out of fear told the same to her father
and brother, who advised her that in view of the threat
presumptions, she should come back to Jammu and finally left
with no other option, the father of the petitioner arranged air
tickets for the petitioner and the minor child, and the petitioner
with her child came to Jammu, leaving all her business and other
articles at Mumbai, on account of danger to their life and limb.

41. That the petitioner immediately after landing at Jammu on

26.04.24, went to women cell narrating the acts of cruelty meted
out by her, and also sought protection from the police authorities,
as the respondent and his parents are quite influential people, and
the petitioner is apprehending danger to the life and limb of the
petitioner , minor child and her parents as well.
42. That the petitioner was under such a fear that even she had to
take protection order by filing a petition under Protection of
domestic violence act which is pending disposal before learned
munsiff in jammu.

43. That the petitioner have been subjected to various cruelty that
is mental , psychological , financial and sexual cruelty under a well
planned manner by the respondent. On the one side the salary of
the petitioner was stopped since December 2023 by the respondent
and even after the learned learned Munsiff jammu directed the
respondent to pay interim maintenance of Rs 50,000 to the
petitioner and her child , yet till the filing of present petition not
even a single penny has been given to the petitioner or her child.

For kind appraisal copy of the interim order dated ___ passed by the
learned Munsiff jammu in DVA petition is marked here as annexure
___ .

44. That on ___ and ____ the respondent had come to Jammu
and messaged the petitioner for meeting the minor child for
sometime , which proposal was accepted by the petitioner and on
____ , made the minor child to meet the respondent at Hari palace
Jammu, however on the said occasion also, the respondent rather
than meeting the minor child started alluring the minor child by
saying that he had brought chocolates and gifts for him but he
would give him the same only if he would accompany him to
Mumbai and to the utter shame started playing with psychology of
minor child which was objected by the petitioner, but the
respondent started acting bossy with the petitioner, showing his
original colours. Even on ____ , on the asking of SHO Women cell
jammu , the petitioner agreed to make the minor child meet the
respondent at Grubs and Games , Gole market Jammu , where also
 the respondent started taunting and using bad words for the
petitioner. To cap it all despite protection order , the respondent
had been sending long messages to the petitioner blaming the
petitioner and using unethical words and posing himself to be
correct in all manners purposly and despite he was asked not to
send such messages, the act of mental and psychological
harassment has been continued.
45. The petitioner further submits that in order to harrass the
petitioner, the respondent on ____ even sent police officials at the
parental house of the petitioner , where she is residing, who firstly
called the father of the petitioner ie. Incharge police post ____ ,
and started asking whereabouts of the petitioner and on being
questioned by her father , the said police officer told that the
respondent had called in the police station and told that her wife ie
the petitioner herein was missing. Thereafter even some police
officers came to the parental house of the petitioner and started
enquiring the father and mother of the petitioner as they told that a
verbal missing information of the petitioner had been given by
respondent telephonically.
It is submitted that the petitioner had gone to Machail Yatra on
____ for Darshan which fact was infact brought to the knowledge
of the respondent on____ by the minor son out of excitement that
they were going to mandir in helicopter on_____ , however the
respondent taking advantage of the situation and in order to harrass
the petitioner and her parents sent police to the house of the
respondent and even after coming back the petitioner even
approached the concerned police officer asking the reason for such
conduct in the written application, who fortified the verbal missing
information given by the respondent. The respondent even after he
is made to talk to Minor child on video call keeps calling the
petitioner 10 to 15 times a day deliberately to harras the petitioner
 and keeps sending messages with ill words and holding petitioner
responsible without even acknowledging the acts of cruelty done to
the petitioner and even till date the petitioner has to under go
mental cruelty at the hands of respondent.
For kind persual copy of the written application and receipt given
by the police is annexed herewith and marked as annexure_____
Copy of different messages sent by the respondent is annexed
herewith and marked as annexure ____ .
46. That on ________ the respondent again messaged the
petitioner that he wanted to meet the minor child and the petitioner
messaged him that she had no objection in making the child meet
him but told him not to physiologically disturb him purposely
which he had been doing every time he met the minor child and
finally it was decided to meet at Edan Resturant Bahu Plaza,
Jammu at 5:30 pm and accordingly the petitioner took the child at
made him meet for around 1 hour and the petitioner again asked to
meet the child at Pahalwan shop Gole market on _______, which
was accordingly fixed. However the respondent on _________ at
_________ deliberately went to school of the minor ie Golden
Roots asking them how they admitted the minor child without his
consent and told them to meet the child and take him along and
even messaged the petitioner. The school authorities immediately
called the petitioner to school as the respondent had purposely
created scene and deliberately again tried to physiologically play
with the mind of minor child despite the fact that he had met him
the Minor child ,a day before and had plans to meet him again on
thesame day at 5:30 pm at Pahalwan, Gole market, yet the
respondent purposely acted in such manner to cause cruelty and
harrasment not only on the petitioner but even on the minor child.
 47. That the respondent had filed petition under section
_________ of Guardians and Wards Act in ____________ Court
Mumbai. However the proceeding in said case has been stayed by
Hon’ble Supreme Court in Transfer Petition filed by the
Petitioner.
48. That the aforesaid conduct on the part of the respondent
clearly shows that the petitioner had been subjected to cruelty of
all forms which till date has been continuing, the respondent has
financial, physiologically, mentally frustated the petitioner by his
conduct which has irretrievably breakdown the marriage of the
petitioner with the respondent as such there are absolutely no
chances of reconciling between the parties and therefore the decree
of divorce may be granted in favour of the petitioner.
48. That the parties have not colluded with each other in the matter of
presentation of this application.
49. That the cause of action has accrued and still accruing , within the
Jurisdiction of this Honble Court as such the Honble court has
Jurisdiction to entertain the present petition.

50. That the fixed court fee of _______ is filed herewith.

PRAYER :-

It is, therefore, respectfully prayed that this Hon’ble Court may, in

the facts and circumstances, be pleased to pass a Decree of Divorce in
favour of petitioner in the interest of justice.

Petitioner
Through Counsel
 Anmol Abrol & Mehreena Gulzar
Advocates and Associates

BEFORE THE LD. ADDITIONAL DISTRICT JUDGE ( FAMILY

COURT) JAMMU

Vanika Choudhary vs Dhaval Jitendra Sanghavi

In the matter of :- Affidavit of in support of Petition.

I, Vanika Choudhary W/O Dhaval Jitendra Sanghavi R/O Flat No. 8

Block 10, Brady’s Flat, 1st Pasta Lane, Coloba, Mumbai , Maharashtra
At Present Hno-99, Rehari Colony, Opposite Boys Higher Secondary
School, Jammu,J&K, do hereby solemnly affirm and declare as under:-
1. That the contents of accompanying Petition has been drawn and
drafted by my counsel under my instructions.
2. That the contents of accompanying Petition are true and correct to
the best of my knowledge nothing has been concealed there from.

DEPONENT

VERIFICATION:-
Verified at Jammu on this ____ day of _______2024 that the averments
in the affidavit are true and correct and nothing has been concealed there
from.

DEPONENT