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Mr. Baswaraj Kashinath Kalshetty has filed a petition for divorce against Miss Shruti Sharanappa Mangrule under Section 13 (1) (ia) of the Hindu Marriage Act, citing mental cruelty, non-consummation of marriage, and desertion. The couple married on December 4, 2023, but the petitioner claims that the respondent's behavior became increasingly erratic and she has since left him to return to her family. The petitioner seeks a decree of divorce, compensation for marriage expenses, and asserts that their marriage is irretrievably broken down with no chance of reconciliation.
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0% found this document useful (0 votes)
50 views30 pagesBaswarajpetition
Mr. Baswaraj Kashinath Kalshetty has filed a petition for divorce against Miss Shruti Sharanappa Mangrule under Section 13 (1) (ia) of the Hindu Marriage Act, citing mental cruelty, non-consummation of marriage, and desertion. The couple married on December 4, 2023, but the petitioner claims that the respondent's behavior became increasingly erratic and she has since left him to return to her family. The petitioner seeks a decree of divorce, compensation for marriage expenses, and asserts that their marriage is irretrievably broken down with no chance of reconciliation.
Uploaded by
Rakesh RavalCopyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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/ 30
IN THE FAMILY COURT OF BANDRA
PETITION 13(1) (ia) OF 2024
PETITION OF DIVORCE
UNDER SECTION 13 (1) (ia)
OF THE HINDU MARRIAGE
ACT 1955
‘Mr. Baswaraj Kashinath Kalshetty,
Age about 33 years Occupation Business
Having residence at Room No. 838,
Sainath Nagar, S. V. Road,
‘Near Ambawadi Police Station Loy
Dahisar (East), Mumbai — 400068 SEA g
Mobileno: £424012343 a ~
Email ld: Sheeryraj 41s @ Imei Gm ssPETITIONER,
VERSUS
Miss. Shruti Sharanappa Mangrule,
‘Age31 years Occupation House wife
Having residence at Samarth Nagar,
Akkalkot, Solapur,
Maharashtra 413216
Mobileno: | 49296 450
Email ld: Smangyuies/@gmall Grr
To,
THE HON’BLE THE PRINCIPAL JUDGES,
AND OTHERPUSINE JUDGES OF
THIS HON’BLE COURT, MUMBAI a
HUMBLE PETITION OF THE PETITIONER ABOVENAMED, ‘MOST RESPECTFULLY HEWETH
‘The abovenamed Petitioner most respectfully states and submits as under
a ‘The Petitioner and the Respondent were lawfully married on 4th day of
December, 2023, under the provision of the Hindu Marriage Act, 1955 at
Bandavara One Kalyana Mantapa B.K.D.B. Near the office. Bangla Road,
Basavakalyan. Dist Bidar.. Hereto annexed and marked as Exhibit "A" is the
copy of the Wedding Card evidencing the said marriage. Hereto annexed and
‘marked as Exhibit "B" is the Marriage Photograph.
2: ‘The Petitioner states that at the time of marriage, the Petitioner was a Bachelor
and the Respondent was Spinster.
3 ‘The Petitioner and the Respondent are Hindu by birth and they came to be so.
‘The Petitioner is domicile of Mumbai, Maharashtra State and the Respondent is
domicile of Solapur, Maharashtra State, Hereto annexed and marked as Exhibit
"C" is the Aadhar Card of the Petitioner showing his Identity.
4 ‘The Petitioner states that, thereafter Petitioner and Respondent went to stay
with the Petitioner's family the matrimonial house at his home at D 318 3rd
floor Sangeeta apartment highway Road near Prabhath Industry Dahisar check
naka Dahisar East Mumbai 400068. (Hereinal referred to as the said
"Matrimonial House").
5. ‘The Petitioner and Respondent resided in joint family with Petitioner's Mother
and younger brother at the matrimonial house. The Father of the Petitioner stays
at native place.
6 ‘The Petitioner states that, there is no issue out of the said wedlock.
1 ‘The Petitioner states that, the said marriage was an arrange marriage. That after
formal meetings by and between the parents of the Petitioner and the
Respondent the said proposal was accepted by both the sides.
8. ‘The Petitioner states that thereafter the Petitioner started to meet Respondent on
cone pretext or the other and developed their acquaintance. ‘The petitioner states
that, after giving some time, the Petitioner and Respondent's parents decided to
tie knot and therefore the Engagement ceremony took place on 3" Dec, 2023.
‘And then after the marriage took place on 4th day of December, 2023 as per the
Hindu vedic rites and customs. As such, they became Husband and wife leaving
at the aforesaid Matrimonial House.
= 10.
13
14.
16,
‘The Petitioner states that the Respondent’s behaviour during the marriage was
normal and it seemed that the Respondent was happy from this marriage with
Petitioner. But when on the first night itself the Respondent denied for any
Physical relationship, the petitioner assumed that the Respondent might be
nervous for having departed with parents and brother and Respondent would
become normal in 2-3 days.
‘The Petitioner states that after marriage at native place from the day they came
back to matrimonial house her behaviour was completely abnormal and
"uncertain, That very often she used to become angry on Petitioner's mother and
father. She always used to find opportunities to behave rudely on Petitioner's
parent for very minor issue. 7
Then approximately after 10-15 days she become sick and Petitioner had to
take her to the doctor. The respondent's treatment cost was Rs, 11500 but
Petitioner made it sure that she regains out of sickness, That Petitioner always
fulfilled the responsibility of an Ideal Husband,
The Petitioner states that, further 1 month time passed on but nothing had
changed as expected over few days and Respondent used to strongly deny for
any Physical relationship with Petitioner and always asked Petitioner to stay
away from her but the petitioner assumed that the Respondent might be
requiring some time to adjust in Matrimonial house.
‘The Petitioner states, one day the respondent all of a sudden started saying that
she wants to go to her mother’s place, The Petitioner explained her that they
have to attend one function at Jaipur and then the Petitioner would take her to
her mother’s place. But Day by day the respondent became very desperate and
her demand to visit mother’s place became more and more forceful
The petitioner could not understand anything what was going on and was
totally in confusion about what to do. To make respondent happy and feel better
Petitioner took her for shopping and told her that they are going on outing to
Goa immediately after Jaipur visit.
That accordingly the petitioner and respondent after Jaipur function went to
Goa for a week and spent Rs. - The respondent during the Goa outing
also asked the petitioner to stay away from her and was always talking to
someone on phone. The Petitioner realised that all his efforts to improve the
‘marriage life were in vain and something was very serious and not proper.
That after returning from Goa, Petitioner called respondents mother and
informed about respondent's behaviour and her demand to visit mother’s place.
Upon which respondent’s father came Mumbai and took respondent at their
place in akkalkot Solapur.
The Petitioner states that Days passed by but there was no phone call or
message from respondent. When petitioner called on respondent’s phone he
realised that his phone number was put on block list by the respondent. Upon
which petitioner called respondents mother and asked about why respondent 19.
20.
21
22,
23,
24
25.
26.
‘was behaving in such manner. The respondent's mother clarified by saying that
respondent was not feeling well and things would return to normal soon,
‘The respondent stayed at mother’s place for 2 months and Respondent’s mother
brought respondent to Mumbai and informed petitioner not to provide mobile
phone to the respondent.
‘That for 1 or 2 days everything seemed normal but again she started demanding
mobile phone to hear songs and wanted to go to her mother’s place. Upon
which the petitioner gave her the mobile phone and again the respondent used
to spend all her time mobile phone talking to someone.
‘That one day petitioner while going through respondent’s whatsapp chat found
a chat with some Ravi Kiran. In the chat it was very clear that they were in
affair and were planning to run away. The petitioner asked the respondent about
the same and enquired as to what was going on.
‘That the respondent upon which bluntly agreed to have love affair with Ravi
Kiran since college life. She further said that the said marriage with petitioner
‘was against her will and desire. That respondent's mother, brother and father
knew everything about her affair with Ravi Kiran. Yet they forcefully
convinced her to do marriage with the petitioner.
That the respondent on 3 April afternoon called her mother and complained
that the petitioner is forcefully demanding divorce. In the evening the
respondent upon admitting the affair said that she is leaving the matrimonial
house and going at Ravi kiran’s place. That the petitioner denied to the same
and said that they cannot allow her to leave without informing the police station
about the said facts.
‘That upon which the petitioner along with his sister Mrs. Shivakanta Shinde
and respondent visited Dahisar police station. The respondent recorded her
statement in FIR no,980 dated 04/04/2024 at 12.00 a.m.
‘That on 4" April, 2024 at 8.00 a.m the respondent's mother and brother arrived
at the matrimonial house and said that the respondent is have mental issues and
requires treatment, for which we are taking her to mother’s place.
“That the petitioner than clarified that the respondent never wanted to marry him
and they have forcefully made her marry to the petitioner. The petitioners also
showed them the FIR copy and told respondent’s mother and brother that they
have full knowledge about the affair with Ravi Kiran and they have right from
before the date of marriage kept this fact hidden from the petitioner.
‘That upon which the petitioner said that he has been cheated by the respondent
and her family and never wants the respondent to be his life partner against her
desire and hence demanded 28.
29,
30.
32.
33.
34,
That on 4" April, 2024 at 4.00 p.m without replying anything respondent's
‘mother and brother took respondent along with them. Since then there is no
response from either the respondent or her family.
The Petitioner further states that the Petitioner has now realized that right from
the day of marriage Respondent neither had any sort of love, affection, feelings
or emotions towards Petitioner whereby Respondent did not even wanted to
spend time with Petitioner and due to such behaviour of the Respondent, the
Petitioner was left lonely and unwanted in the matrimonial home whereby
Petitioner was even unable to tolerate such humiliation and mental agony is
suffered by the Petitioner at the hands of the Respondent and the Petitioner's
dream for a happy married life was totally shattered after few months of
marriage itself.
The Petitioner further states that, the Respondent has always created scenes and
drama in front of the friends and relatives, due to her suspicious nature, the
Petitioner further states that the Petitioners friends and relatives have witnesses
such behaviour of the Respondent as stated above, which has caused severe
‘mental agony to the Petitioner,
The petitioner further states that all dreams and aspirations to lead normal
peaceful married life were totally shattered by the acts of the respondent. The
Petitioner further states that the respondent failed and neglected in discharging
the respondent's social and moral responsibility as a wife on the contrary the
Respondent took every opportunity to harass the petitioner mentally.
The Petitioner further states that, there was no change in the behaviour and
attitude of the Respondent and her parents, whereby Respondent use to
continuously humiliate and neglect the Petitioner which has been a deeply’
distressing experience for the Petitioner. The petitioner further states that the
Respondent's behaviour has caused much anguish and anxiety in the Petitioner's
day to day tife.
The Petitioner states that in the circumstances, there were no marital
relationships between them and they have not lived as husband and wife since
the day of marriage. The Petitioner states that, he has made various efforts to
talk to the Respondent and convince her, but she did not listen to him and
stopped talking to him. The Petitioner states that in the circumstances all his
efforts to convince the Respondent not to behave such manner, there was no
‘change in her behaviour.
The petitioner states that the Respondent made his life miserable by her
dishonest cruel behaviour and acts. The Petitioner therefore further states that
their marriage is irretrievably broken down. The Petitioner states that there is no
chance of reconciliation due to adamant nature and behaviour of the
Respondent and also the Respondent's behaviour is a threat and danger to
Petitioner's life and his family.
‘The Petitioner states that, though they were staying under one roof, there were
‘no marital relations between them and they were not living as husband and wife
\ 35.
36.
37.
38,
39,
40.
41
42.
43.
44,
45.
and the Respondent failed to discharge her liability and duties as wife. In the
circumstances, their marriage is irretrievably broken down and there is no
chance of reconciliation due to such attitude and behaviour of the Respondent.
The Petitioner states that the Respondent harassed him on one pretext or the
other and Respondent is not ready to take any responsibility. The Petitioner
states that in the circumstances, he is compelled to file the present petition for
Divorce and other relief.
Their marriage is irretrievably broken down and there is no chance of
reconciliation. It is also necessary and desirable to dissolve the marriage as per
the procedure of law. The Marriage has resulted in more tension even to the
other members of,the family. Thus the Petitioner therefore entitled for a decree
of divorce on the ground of mental cruelty, non consummation of marriage and
desertion.
‘That Therefore under these circumstances Petitioner in compelled to move
before this Hon'ble Court for reprisal of Petitioner grievances and for
appropriate reliefs in terms decree of Divorce under Section 13 (1) (ia) of the
Hindu Marriage Act, 1955, amended up to date.
The Petitioner further states that, Petitioner has spent Rs. 12,00,000/- (Rupees
‘Twelve Lakhs Only) as engagement and wedding expenses.
‘The Petitioner states that the Respondent had received Stridham at the marriage
and the respondent has always Kept the same in her custody from the date of
marriage and whereabouts of the same is not known to the petitioner.
There is no collusion or connivance between the Petitioner and the
Respondent in respect of the subject matter or the relief claimed in the
Petition.
There is no proceeding pending in this court or any other court in India
as regards to the subject matter.
The Petitioner is residing at the matrimonial house having address at D
318 3rd floor Sangeeta apartment highway Road near Prabhat Industry Dahisar
check naka Dahisar East Mumbai 400068 and the Respondent was living
with petitioner at the same address after the marriage and therefore, this
Hon'ble Court has Jurisdiction to try and entertain the present petition.
The Petitioner craves leave to add, amend, alter and or rescind any of the
foregoing Paras as and when necessary.
‘The Petitioner craves leave to file additional and more documents as and
when necessary.
jtioner therefore, most humbly prays:~ a) That the marriage was solemnized on 4" December, 2023 and due
non completion of mandatory 1 year from the date of marriage the
petitioner is barred from filing divorce petition under section 13
(Gia) of HMA 1955. But under the circumstances of betrayal of
respondent, mental cruelty caused by the respondent and desertion by
the respondent, any further delay in filing divorce petition under
seetion 13 (1)(ia) of HMA 1955, would result in extreme hardship on
the petitioner and hence the petitioner be allowed to file this divorce
petition under section 13 (1)(ia) of HMA 1955,
b) That the marriage between the Petitioner and the Respondent please
be dissolved by a decree of Divorce under Section 13 (1) (ia) OF
‘THE HINDU MARRIAGE ACT, 1955 as amended up to date.
©) That the Petitioner is claiming compensation which he has incurred
‘on engagement and marriage
4) For any other and such other relief as this Hon'ble Court may deem
fit as the proceeding of this petition in this Hon'ble Court;
Place: Mumbai yo © PETITIONER)
My, Basworvas Kashixarh Kolshety
Date: _O2]04] dory
CAduocate Poe
PETLTLONER D
Raker Raval,
Mr. VERIFICATION
Mr. Baswaraj Kashinath Kalshetty, aged about 33 years Occupation Business,
having address at D 318, 3" floor, Sangeeta Apartment, highway Road near Prabhat
Industry, Dahisar Check Naka, Dahisar East, Mumbai 400068, do hereby solemnly
declare that what is stated herein above are true and correct to the best of my
knowledge and belief.
Solemnly affirmed at Mumbai
This 0.2 day of Seer 2024
Identified by me
ae
Advocate for the IN THE FAMILY COURT AT BANDRA, MUMBAI
PETITION NO OF 2024
Mr. Baswaraj Kashinath«Kalshetty,
.-PETITIONER
VERSUS
Miss. Shruti Sharanappa Mangrule,
..RESPONDENT
AFFIDAVIT IN'SUPPORT
I Mr. Baswaraj Kashinath Kalshetty, aged about 33 years Occupation Business,
having address at D 318, 3" floor, Sangeeta Apartment, highway Road near Prabhat
Industry, Dahisar Check Naka, Dahisar East, Mumbai 400068, do hereby solemnly
declare that what is stated herein above are true and correct to the best of my
knowledge and belief.
1, That I am Petitioner in the application for Divorce Petition filed by me.
2. That being conversant with the facts and circumstances of the case. I am
‘competent to swear this affidavit.
3. That the details provided in the present petition for Divorce reliefs as per
provision 13 (1) (ia) OF THE HINDU MARRIAGE ACT, 1955, in favour of
Petitioner.
4. That the contents of the Petition have been read over explaining to me. 5. That the contents of the said petition may be read as part of the Affidavit and
not repeated herein for the sake of brevity.
6. That the relie{S claimed in the accompanying petition are necessary in as
much as the Petitioner would face great hardships.
7. That the grounds/ mention in the Petition from para no. __to para no. _are
true and correct to the beat of my knowledge and belief.
Solemnly affirmed at Mumbai
This O4 day of Seer 2024 a
ner
Identified by me
Advocate for the IN THE FAMILY COURT AT BANDRA, MUMBAI
PETITIONNO OF 2024
Mr. Baswaraj Kashinath Kalshetty,
-PETITIONER
VERSUS
Miss. Shruti Sharanappa Mangrule,
--RESPONDENT
MEMO OF ADDRESS
Mr. Baswaraj Kashinath Kalshetty,
Having residence at Room No. 838,
Sainath Nagar, S. V. Road,
‘Near Ambawadi Police Station
Dahisar (East), Mumbai — 400068
+. -PETITIONER
VERSUS
Miss. Shruti Sharanappa Mangrule,
Having residence at Samarth Nagar,
Akkalkot, Solapur,
Maharashtra 413216
e
yr
++»»RESPONDENT IN THE FAMILY COURT AT BANDRA, MUMBAI
PETITION NO OF 2024
Mr. Baswaraj Kashinath Kalshetty,
«ss PETITIONER,
VERSUS
Miss. Shruti Sharanappa Mangrule,
«ss. RESPONDENT
APPLICATION FOR APPOINTING AN ADVOCATE IN THE
: ABOVE MATTER
MAY IT PLEASE YOUR HONOUR :
1, the Petitioner above named most humbly and respectfully beg to submit
as under :-
1. Isay that the above petition is on today's board,
2. I say that I myself will not be able to plead my case as I do not have the
adequate legal knowledge and possibly a question of law is involved in my case
and J, myself shall not be able to or in position to conduet my case on my own
adequately.
3, It is therefore necessary for me to take the assistance of an Advocate.
therefore pray that I may be permitted to appoint RAKESH JAGDISH RAVAL
‘Advocate, to appear and plead on my behalf in the above matter. Hence as per
rule 37, the Family Court (Court) Rules 1988, 1 may be granted permission to
appoint an advocate as named mentioned above.
‘And for this act of kindness, I shall ever pray. Date: ©2, SEPT Loay
Place: Mumbai
My, Battocrey Kaghtnury kelihetty Okeke ee © 666k CC ETRE ROE
OCC ew O CKCKPREHECR EKER ® CURR cc ore
Government of India
Eve : te
StrveT 3iTene wate / Your Aadhaar No.
5332 1258 9003
"Vib #9125 9005 8760 6518
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