IN THE COURT OF THE HON’BLE PRINCIPAL FAMILY

JUDGE AT BENGALURU
M.C. NO. ___________ OF 2017

BETWEEN
Smt. J.Amrutha
D/o Mr. V.T. Jayavelu
Aged about 25 years,
Residing at No.41,1st Cross,
Shanthavina Layout,
Kodigehalli,
Bengaluru-560092. ….Petitioner

And

Dr. Karthik Vellore Premkumar,

S/o Mr. V.J. Premkumar,
Aged about 30 years,
Residing at No.5 , Barak Street,
Parkville Vic 3052,
Australia. ….Respondent

PETITION UNDER SECTION 13 (1) (ia) & (b) OF THE HINDU

MARRIAGE ACT, 1955
The petitioner herein submits as follows:-

1. That the addresses of the parties for the purpose of service of

summons, notices etc., from this Hon’ble Court is as shown in the
cause title. The petitioner may also be served through VGB
Associates its Counsels Smt. V. Gangabai, Sri. S.Vivekananda,
Sri. Ramesh Babu. N, Sri. C. Sathish, Sri. Venkata Narayana Chari
S.R, Sri. Prajwal.P, & Sri. Somanath, Advocates, No.23/6,
“VASUPURAM”, 3rd Floor, Muniswamy Road, Shivajinagar,
Bangalore - 560 051.

2. The petitioner and respondent are wife and husband respectively.

The petitioner and respondent are Hindu by religion. The marriage
was solemnized on 21.11.2014 in a temple at Bengaluru and later
 on the same day, they registered their marriage as per Hindu
Marriage Act at the Sub-Registrar Office, Basavanagudi, Bengaluru.
As such this Hon’ble court is having the jurisdiction to deal with
the above case. Wedding card is furnished as Document No.1.
Photograph of the petitioners is produced herewith as Document
No. 2. Certificate of Marriage dated 21 st November, 2014 is
produced herewith as Document No.3.

3. The Petitioner submits that after the marriage she left for Australia
along with the respondent husband on 07.03.2015. The marriage
was not at all consummated. Not even a month she was there in
the marital house. It is further submitted that the Petitioner was
left in her uncle’s house by the respondent and his parents who is
her father’s brother on 07.04.2015 in Australia and from there the
petitioner came to Bengaluru. From the date of the marriage till
today, they are not having any marital relationship and she is living
in India and the respondent is living in Australia. For no reason at
all she was thrown out of the house. Not even 1 month she was
there in the matrimonial house.

4. The petitioner submits that the differences began to crop up

between them right from the beginning and they have never lived as
husband and wife after the marriage. Even though it is an arranged
marriage no body in the marital house treated her as one of the
family member. The Petitioner was treated as an alien and a
servant maid. The Respondent and his family never cared to give
her food or made any facilities to lead a descent life there. It is
further submitted that in spite of the best efforts being made by the
petitioner, the relatives and well-wishers, the respondent has not
been able to live with the Petitioner but always used to say that he
is not happy in the marriage without telling any reason. He told the
Petitioner that the marriage was a forceful one and he is not ready
to live with her etc., it is further submitted that when the
Respondent left the Petitioner in her uncle’s house several times,
 her uncle went and asked the Respondent to take her back to the
marital house, but there

5. The Petitioner submits that after moving to Australia, the

Respondent started harassing the Petitioner mentally as well as
physically. It is further submitted that the Respondent would
everyday come fully drunken states and would unnecessarily pick
up quarrels with the Petitioner. The Petitioner as a caring wife
would try to calm down the Respondent but her efforts would go in
vain. The Respondent would continue to abuse the Petitioner and
her family in filthy words. The Verbal assault of the Respondent
would soon take an ugly turn when he would hurl physical blows at
the Petitioner. The Petitioner further submits that the Respondent’s
physical abuse continued day in and day out and which put the
Petitioner to unexplainable hardship. The Petitioner felt that she
was trapped and caged in a foreign country without any outlet for
her feelings or emotions. It is further submitted that the
Respondent had taken the Petitioner to her uncle’s house and left
her with the intention to leave the Petitioner Permanently. The
Respondent not even once after leaving the Petitioner in her uncle’s
place bothered to enquire about the wellbeing of the Petitioner. In
fact the Petitioner had returned to India from her uncle’s house and
since then there has been no communication between the petitioner
and the Respondent. The Petitioner’s father tried his level best to
contact the Respondent and his parents but in vain.

6. The Petitioner herein submits that the Respondent would always

tell the Petitioner that he had only married her for the sole reason
of her parents especially his mother’s pressure to marry the
Petitioner and nothing else. It is further stated that the Irony here
is that the Respondent never approached the Petitioner as a
husband or as a man to consummate the marriage and also he did
not entertain or talk to the Petitioner when she approached him.
He never showed any love or affection towards the Petitioner nor
 did he ever bother himself to sit and talk with her to sort the
differences if any. In fact it was the Petitioner who would always
approach the Respondent to sort out the problems due to
indifferences between them and wanted to know what is the
problem for him to avoid her is and for what purpose he married
her, but without answering her daily he used to go and sleep in his
mother’s bed room leaving the petitioner alone.

7. The Petitioner submits that the grandfather of the petitioner

(Father’s father) who is 90 years old went all the way to Australia
from India to sort out the differences if any and to know what is the
reason they left his granddaughter in her uncle’s house and went
abruptly and mainly to unite the couple and see that they joined
together and lead a happy marital life. But the Respondent and his
people abruptly refused to sit for a talk even to see him in spite of
his several requests at this age he was humiliated for no reason at
all.

8. The Petitioner submits that all her belongings which were given by
her parents at the time of marriage such as gold ornaments given
to the Petitioner and Respondent silver items, house hold articles,
gift articles apparels etc., are in the custody of the Respondent’s
parents. A list is attached hereunder as annexures

9. The Petitioner submits that, the marriage between the parties have
taken place at Bangalore and at present the Petitioner is living with
her family in Bangalore hence this court is having the jurisdiction
to entertain this petition and grant relief/s as prayed for. The
Petitioner further submits that on account of the physical torture,
mental harassment, financial and emotional violence and cruelty by
all methods put forth by the Respondent on the Petitioner, it is
absolutely not possible for the petitioner herein to stay with the
Respondent. As such the petitioner herein is constrained to file
this petition.
 10. The petitioner submits that it is impossible for them to live
together as husband and wife due to the differences between them
and also the disparities in their nature and temperament. There is
an irretrievable breakdown of the marriage. Hence, the petitioner is
presenting this petition for dissolution of the marriage after the
expiry of one year from their separation.

11. The petitioner submits that, the cause of action arose for filing of
this petition on 21/11/2014 on the date, when the Petitioner and
the Respondent got married as per the Hindu rites and customs
and also registered the same on the same day. When the petitioner
was taken to Australia and when the Respondent left the Petitioner
in her uncle’s house without any reason and subsequently also.

12. The fixed Court Fee of Rs.100/- has been paid on the petition in
accordance with the Karnataka Court Fees & Suit Valuation Act

13. There is no petition pending either in the past or present for the
same relief under the same cause of action between the same
parties either before this Hon’ble Court or before any other Court at
Bangalore.

WHEREFORE, the petitioner humbly prays that this Hon’ble Court be

pleased to pass a Decree of divorce, dissolving the marriage which was
solemnized between the petitioner and the respondent on 21.11.2014 as
per the Hindu rites and customs and also registered the same on the
same day and allow the petition with cost and grant such other relief or
further reliefs as this Hon’ble Court deems fit to grant, in the
circumstances of the above case, in the interest of justice and equity.

ADVOCATE FOR PETITIONER PETITIONER

 VERIFICATION

I, Smt. J. Amrutha the Petitioner above named, do hereby state that

what all stated above in the petition is true and correct to the best of my
knowledge, information and belief.

Bangalore PETITIONER
Dated: 01.09.2017
 IN THE COURT OF THE HON’BLE PRINCIPAL FAMILY JUDGE AT
BENGALURU
M.C. NO. ___________ OF 2017
Between:

SMT. J.Amrutha …. Petitioner

AND

Dr. Karthik Vellore Prmekumar …. Respondent

AFFIDAVIT VERIFYING THE PETITION

Smt. J.Amrutha D/0 Mr. V.T. Jayavelu Aged about 25 years,

Residing at No.41, 1st Cross, Shanthavina Layout, Kodigehalli,
Bengaluru-560092, do hereby solemnly affirm and state on oath as
follows:

1. I state that, I am the petitioner in the above petition and I am

well acquainted with the facts and circumstances of the petition and
hence I am swearing to this affidavit.

2. I state that, the averments made in the petition from paras 1 to

13 are true and correct to the best of my knowledge, information and
belief. The petition averments are prepared as per my instructions and
read and understood prior to affixing my signatures.

I, the deponent named above do hereby verify and declare that the
averments made above are true and correct o the best of my knowledge,
information and belief.

Identified by me: Deponent

Sworn to before me

Advocate

Place: Bangalore

Dated: 01.09.2017
 IN THE COURT OF THE HON’BLE PRINCIPAL FAMILY JUDGE AT
BENGALURU
M.C. NO. ___________ OF 2017

BETWEEN:

Smt. J. Amrutha …. Petitioner

AND

Sri. Karthik Vellore Premkumar …. Respondent

APPLICATION UNDER SECTION 13 OF THE FAMILY COURTS ACT

For the reasons sworn to in the accompanying affidavit the

Respondent humbly prays that this Hon’ble Court be pleased to permit
me to engage the services of M/s VGB Associates, Smt.V.Gangabai and
Sri.S.Vivekananda, Sri. Ramesh Babu, Sri. Sathish. C, Sri. Prajwal.P,
Sri. Venkata Narayana Chari S.R, & Sri. Somanath Advocates, No.23/6,
“VASUPURAM”, 3rd Floor, Muniswamy Road, Shivajinagar, Bangalore
560 051, to conduct the above case, in the interest of justice and equity.

Bangalore PETITIONER
Dated: 01.09.2017
 IN THE COURT OF THE HON’BLE PRINCIPAL FAMILY JUDGE AT
BENGALURU
M.C. NO. ___________ OF 2017
BETWEEN:

Smt. J. Amrutha …. Petitioner

AND

Sri. Karthik Vellore Premkumar ….

Respondent

AFFIDAVIT

I, Smt. J.Amrutha D/o Mr. V.T. Jayavelu Aged about 25 years,Residing

at No.41,1st Cross, Shanthavina Layout, Kodigehalli, Bengaluru-560092
do hereby solemnly affirm and state on oath as follows:

1. I state that, I am the petitioner in the above petition and I am well

acquainted with the facts and circumstances of the petition and
hence I am swearing to this petition.

2. I state that I have filed the petition for decree of divorce against my
Husband, the respondent herein under section 13 (1) (i) (a) & (b) of
the Hindu Marriage Act. I state and submit that I am not aware of
the intricacies of law to conduct the above case and hence I need
the assistance of an Advocate to conduct the above case. Hence
this accompanying application. If the accompanying application is
not allowed I will be put to undue hardship and irreparable injury
would be caused to me.

WHEREFORE, I humbly pray that this Hon’ble Court be pleased to allow

the accompanying application and permit me to engage the services of an
Advocate as sought for to conduct the above case, in the interest of
justice and equity.
I state that what is stated above is true to the best of my knowledge,
information and belief.

Identified by me:
Deponent

Sworn to before me

Advocate

Place: Bangalore

Dated: 01.09.2017
 IN THE COURT OF THE HON’BLE PRINCIPAL FAMILY JUDGE AT
BENGALURU
M.C. NO. ___________ OF 2017

Between:

Smt. J. Amrutha … Petitioner

AND

Sri. Karthik Vellore jayakumar … Respondent

DECLARATION UNDER ORDER VI RULE 14-A OF THE CODE OF

CIVIL PROCEDURE

I, Smt. J.Amrutha D/o Mr. V.T. Jayavelu Aged about 25 years, residing
at No.41, 1st Cross, Shanthavina Layout, Kodigehalli, Bengaluru-
560092, do hereby declare that the addresses given in the cause title are
true and correct to the best of my knowledge, information and belief.

Bangalore PETITIONER

Date: 01.09.2017
IN THE COURT OF THE HON’BLE ADDL PRINCIPAL FAMILY JUDGE

AT BANGALORE

M.C. No.___________/2017

BETWEEN:

Smt. J.Amrutha …. Petitioner

AND

Sri. Karthik Vellore Premkumar ….

Respondent

INDEX
Sl.No. Particulars PAGE C.F

1. Petition under Section 13 (1) (ia) & (b) of the

Hindu Marriage Act, 1955.

2. Verifying Affidavit

3. Declaration Under Order VI Rule 14-A of the

Code Of Civil Procedure, 1908.

4. List of documents along with documents

5. Application Under Section 13 of the Family

Courts Act
6. Vakalathnama

7. Process Memo

8. Second Set

Bangalore Advocate for Petitioner

Date: 01.09.2017

IN THE COURT OF THE HON’BLE ADDL PRINCIPAL FAMILY JUDGE

 AT BANGALORE

M.C. No.___________/2017

BETWEEN:

Smt. J. Amrutha …. Petitioner

AND

Sri. Dr. Karthik Vellore Premkumar …. Respondent

LIST OF DOCUMENTS