Matrimonial Suit No.009/2002

MRS. RAMOLA AGARWAL,
W/o of KUNAL AGARWAL,
Aged 30 years, Housewife,
Resident of ‘Nest Villa’
Miramar, Goa. ..........................................Plaintiff

V/S

MR. KUNAL AGARWAL,
S/o of MR. DEEP AGARWAL,
Aged 33 years, in service,
Resident of H. No. 18,
Santawado Taleigao, Goa. ..........................Defendant

SUIT FOR NULLITY OF MARRIAGE ON GROUND OF CRUELTY BY HUSBAND

The plaintiff above named states and submits as under:
1) The registered address of the plaintiff for all future communications as is required under Order 6 Rule 14 A of CPC is the same as in the cause title.

2) The parties to the suit .i.e. the plaintiff and the defendant are Hindu by birth and
religion and are domiciled in India.

3) On the 4th August 2002, the plaintiff was lawfully married to the defendant
according to the Hindu law and the said marriage is still subsisting.

4) The plaintiff and defendant have, since the marriage, lived and cohabited and have 2 children out of their wedlock; a boy aged 8 years and a girl aged 5 years.

5) Throughout the marriage the defendant forced the plaintiff to do all sort of work in the house and on refusal or protest by her, he insulted her, behaved roughly, and treated her with harshness, negligence and cruelty and abused her with filthy language and also treated her violently with kicks and blows, sometimes even with sticks and belts.

6) The defendant had no love or affection for his wife but and married her for the purpose of enriching himself with the wealth of her parents.

7) On one night in the month of June 2002, the said defendant, in a fit of rage, threw a knife at the plaintiff and this resulted in a severe injury on the right arm of the plaintiff.

8) The cruel behavior and mental torture of the defendant had reached such a climax that the plaintiff has no option but to separate from the husband and leave the matrimonial house.

9) Fed up with the cruelty continuously practiced on her, she has come to the house of her parents in Miramar and since then has been leaving separately and apart from her husband and has not gone back to him.

10) The plaintiff submits that she is entitled to judgment and decree for the dissolution of marriage on account of her husband’s cruelty.

11) For the purpose of Court fees and jurisdiction, the relief in the present suit is valued at Rs. 1 lakh.

12) The parties reside at Panaji; the cause of action arose in Panaji within the jurisdiction of this Hon’ble Court. The Hon’ble Court has therefore the jurisdiction to try and entertain the present suit.

13) The suit is not barred by limitation as the cause of action arose in May 2002.

14) There is no other suit pending in any other Court between the same parties on the same cause of action.

15) The plaintiff therefore prays that this Hon’ble Court might be pleased to pass decree on nullity of marriage between the plaintiff and the defendant and also to order the defendant to pay the cost of proceedings.

PLACE: Panaji-Goa.
DATE: 4th August 2002

Sd/-
Sd/- PLAINTIFF
[ADVOCATE FOR PLAINTIFF]

VERIFICATION

I, MRS. RAMOLA AGARWAL, the plaintiff above named hereby state on oath that the contents of paragraphs 1 to 9 and paragraphs 14 are true to my personal knowledge and that the contents of paragraphs 10 to 13 are submissions made on legal advice and I believe the same to be true.
Solemnly affirmed at Panaji on this day of August 2002.

Sd/-
PLAINTIFF