CIVIL CASE

BEFORE THE HON’BLE FAMILY COURT, PUNE

AT PUNE

NOTE: To protect the identity of the parties involved the names of the individuals involved
will be mentioned by their initials.

PVM (Petitioner, wife)

Age: 36
Occupation: Homemaker
Resident of Paud Road, Pune-411029
v.
VRM (Respondent, husband)
Age: 35
Occupation: Business
Resident of Kondwa Budruk, Pune-411037

The advocate under whom I dealt, witnessed and assisted the proceedings is Adv. Smita
Mane who appeared for the Petitioner (wife). The case was presided by
___________________

The case under to the divorce under Section 13(1) (i-a) of the Hindu Marriage Act, 1955 and
under Section 25&26 of Hindu Marriage Act.
Facts
The facts of the case are as follows:
 The petitioner and respondent were married on 29th January, 2005 as per Hindu rites
and on 20th January, 2006 a son was born. It was a love marriage.
 Both petitioner and respondent met first in a party and subsequently kept meeting
regularly. The respondent was transparent about his previous relationship with other
girls prior to meeting the petitioner.
 The petitioner at this time was studying hotel management and the respondent was
helping his father in his business. Further later the petitioner was interning at a five-
star hotel in Pune
  Their relationship was further evolved into engagement. Post this event the
respondent forced the petitioner to compromise with her late night internship-training
to a day shift corporate company job.
 Still not married the petitioner found some messages, emails, phone calls with girls
some of whom were his previous girlfriends, a bar dancer. The enagement was on a
verge of breaking up but was restore when the respondent persuaded and apologised
to the petitioner.
 Post marriage while on one hand petitioner was loaded with lot of responsibilities in a
joint family on the other the respondent was in habit of drinking, coming late night,
lack of concern of his wife. When the petitioner conceived neither the respondent nor
any of his family members accompanied her to hospital.
 Subsequently, there were several instances of his erratic behaviour, contacts from
undesired individuals mainly females. When the petitioner confronted the respondent
he physically abused and threatened her.
 Despite of improvement in his behaviour is the meantime he was back to his old form
as an abusive husband which caused physical and mental injuries to the petioner
 After many instances of abuses and threatens she had to go to Kothrud Police Station
and filed complaint as Kothrud Police Station and filed a NC. But this also didn’t
mend his ways. He also abused his own son.
 Thus the petioner has filed a petition for divorce and prayed for the following
A. Dissolve the marriage
B. Permanent custody of son ‘P2’
C. Respondent to give compensation of Rs. 5 lakhs to the petitioner for constant
cruely, torture and harassment, legal cost also causing wastage of petitioner
valuable years.
D. Maintenance of Rs. 75,000/- per month to Petitioner and Rs. 40,000/- per
month towards the expenses of the son
E. Direction to the respondent not to harassa, torture in any manner to the
petitioner and her son in future

Proceeding
I have attended 3 proceedings and in all the three proceedings my advocate argued for interim
maintenance and custody of the son.
S. No: Date Arguements Outcome
Interim Adjourned till next date
maintenance and
permanent
custody of the
son
Interim Adjourned till next date
maintenance and
permanent
custody of the
son
 Interim Permanent custody of the son granted. Arguments
maintenance and for Interim maintenance adjourned till next date
permanent
custody of the
son

Personal Opinion
Having first-hand experience of the case the proceeding the advocate very ferociously argued
in favour of the petitioner. Firstly, the advocate for petitioner argued for interim maintenance
and permanent custody of the son.
The opposite side advocate argued that the petitioner was of bad character. He also argued
that the petitioner never satisfied and loved the respondent which compelled him to fall into
depression, drinking but he was never unfaithful towards the petitioner and always treated her
and their son with love and care.
But the case was for the petitioner was backed by testimony of witnesses, photographic
evidences, copies of messages and emails of his interaction with female individuals.
The judge also considered the welfare of the son and interacted with him. I could feel that the
trauma the child undergoing because of the proceedings. Considering all these factors the
judge was very quick and compassionate to grant permanent custody of the child to mother
and informally warned the respondent of grave consequence if he threatens the petitioner.
The arguments for interim maintenance is still continuing.

Conclusion

Any act that threatens the well-being of an individual is termed as abuse, while domestic
violence is the systematic method in which one partner gains power and control by instilling
fear and forcing subservience. Violence is not only physical abuse, but emotional, economic,
verbal, and sexual. The social stigma of public dishonor is the greatest cause for a woman to
become trapped in this atrocious environment, and another important reason is economic
dependence on her perpetrator.

We tend to ignore the fact that help is needed from both sides. The abuser needs to go for
psychological counseling and should have anger management therapy, while the victim needs
counseling to regain her sense of self and individuality, to make her more independent and
self-assured. Being an extremely aggressive individual with no control over your emotions
does not have to be your destiny, it can be stopped with the application of the right methods
and getting the right help.