Application For Attendance
Application For Attendance
Application For Attendance
1. That the marriage between petitioner and respondent was solemnised according to the
Hindu rites, customs and ceremonies, at Vinayak Marriage Banquet hall situated near
Mahavir Nagar Colony, sector 14 in Sonepat, on 26th January, 2014.
2. That out of wedlock, parents were blessed with two sons, Sidhant and Mangesh born
on 8-10-2015 and 7-11-2015 respectively.
3. Both parties are from Aryavaishya Samaj and their marriage was an arranged
marriage.
4. That petitioner was questioned about her character on account that she allegedly pays
frequent visits to her maternal home to see her parents.
5. That looking to her bold behaviour resulting in free movement in the society, started
suspecting her character; which, ultimately, resulted in daily matrimonial bickering
between husband and wife.
6. That the respondent-husband claimed to have learned that his wife had some illicit
relations with one of her college colleagues namely Raju Babar. This suspicion in the
mind of the respondent-husband ultimately, gave rise to a matrimonial dispute.
7. That the respondent-husband on 09/08/2020 filed petition being petition no. E-32/20
in family court of Sonipat for divorce under section 13(1)(i-a) of Hindu Marriage
Act,1955.
8. That the petitioner prior to the above petition had filed a petition being Petition No.
D-44/20 seeking custody of two minor sons under Section 25 of the Guardian and
Wards Act.
9. That petitioner has also filed a petition seeking maintenance under section 125 of
Criminal Procedure Code, 1973 and on mutual agreement, both parties agreed to
decide to club all these petitions under common judgement.
10. That the petitioner Anita was suffering from Tuberculosis. She, in the month of
February, 2018, was admitted in the FIMS Hospital in Sonepat.
11. That during this period, husband didn’t take care of two sons and finally the sons have
to be sent to petitioner’s maternal mother, she took care of both the sons, on the other
hand petitioner’s in-laws including respondent didn’t extend any support to take care
of sons.
12. That since then respondent-husband started claiming custody of the minor sons.
There was some settlement between the parties; whereby mutual divorce was agreed
but the said settlement did not materialise with the result, the respondent issued notice
on 6-3-2020 making certain allegations against petitioner which were replied by her,
in turn making certain adverse allegations against the respondent-husband.
13. That these allegations and counter allegations resulted in filing petition for custody of
both sons at the instance of appellant-wife. On being noticed the respondent-husband
filed counter petition seeking divorce under Section 13(1)(ia) of the Act on the ground
that the wife treated him with cruelty.
14. That both sons were ready and willing to stay with petitioner but on account of
constant tutoring by the respondent-husband, they were not willing to come with her
and that they were made to speak against her.
15. That petitioner further alleged that the respondent husband destroyed the marriage life
on account of his suspicious nature as such he could not be allowed to take advantage
of his own wrong.