IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,

DISTRICT - WEST, DWARKA COURTS, DELHI

H.M.A. Petition No. ________ / 2023

In the matter of;

Sanjay Sharma ...Petitioner
Versus
Monica Sharma ...Respondent

INDEX

Sr. No. Particulars Court Fee Pages

1. Memo of Parties.
2. Petition for Divorce.
3. Affidavit in support.
4. List of documents along with
documents
5. Vakalatnama

Delhi. Petitioner
Dated

Through Counsel

Rajesh Kumar Dinesh Singh Bachgoti

D/4039/2016 D/322/2017
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
DISTRICT - WEST, DWARKA COURTS, DELHI
H.M.A. Petition No. ________ / 2023

In the matter of;

Sanjay Sharma ...Petitioner
Versus
Monica Sharma …Respondent

MEMO OF PARTIES
Sanjay Sharma S/o Late Sh. Mahesh Chand Sharma
R/o Plot No.10, Khasra No. 139/14, Gali No-17, A-1 Block, Sant
Nagar, Burari North Delhi-110084. Mobile No. +91 9911014331.
...Petitioner
Versus

Monica Sharma W/o Sanjay Sharma

R/0 House No.132, upper ground floor, Gali no:14, Satyam Public
School, Jain Road, Bhagwati Garden Extension, Uttam Nagar,
Delhi: -110059. Mobile Number: +91 9354716223.

Also at work address:

Aviva Life Insurance, J.L. No:74, Mouza, 3rd floor, Aggarwal
Centre Plaza, Plot No:11, Sector-5, Dwarka, Delhi:110075
...Respondent

Delhi
Date Petitioner
Through Counsels
Rajesh Kumar Dinesh Singh Bachgoti
D/4039/2016 D/322/2017
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
DISTRICT - WEST, DWARKA COURTS, DELHI
H.M.A. Petition No. ________ / 2023
In the matter of
Sanjay Sharma ...Petitioner
Versus
Monica Sharma …Respondent

PETITION FOR DISSOLUTION OF MARRIAGE BY A

DECREE OF DIVORCE UNDER SECTION 13(1) (i-a) & (i-b)
OF THE HINDU MARRIAGE ACT 1955, AS AMENDED
UP TO DATE.
Respectfully, the above-named petitioner submits here as under: -
1. That the marriage between the parties was solemnized
between the parties according to the Hindu rites and ceremonies
on 09/12/2004 at Noida. The affidavit duly attested to this effect is
annexed herewith.
2. That the status, age, and place of residence of the parties to the
marriage, before the marriage and at the time of filing the present
petition were/are as follows :
HUSBAND
BEFORE MARRIAGE
Status Age Place of residence
Plot No.10, Khasra No. 139/14, Gali No-17,
Hindu A-1 Block, Sant Nagar, Burari
27
Bachelor North Delhi-110084
 AT THE TIME OF FILING THE PETITION
Status Age Place of residence
Plot No.10, Khasra No. 139/14, Gali No-
Hindu Married 45 17, A-1 Block, Sant Nagar, Burari North
Delhi-110084

WIFE
BEFORE MARRIAGE
Status Age Place of residence
D-146, BHEL COLONY, Sector-17,
Hindu
24 Noida (UP)
Bachelorette

AT THE TIME OF FILING THE PETITION

Status Age Place of residence
Hindu Married 42 House No.132, upper ground floor, Gali
no:14, Satyam Public School, Jain Road,
Bhagwati Garden Extension, Uttam
Nagar, Delhi: -110059.

3. That after the marriage, the parties started living together as

husband and wife in Delhi, and out of the said wedlock two sons
Arnav Sharma (DOB: 14/07/2010) & Aarrav Sharma (DOB:
30/08/2013) are born, both are under the care and custody of the
respondent. The parties lived together as husband and wife till
17/01/2021 and since then they are staying separately.
4. The petitioner was living in a joint family with her mother &
Brother at the time of marriage. Soon after the marriage, the
respondent’s true character came out and she started fighting with
the respondent & her family member.
5. Soon after marriage, the respondent clearly told the petitioner
that she would not conceive the child for the next 3-4 years as she
would like to enjoy her life. She started taking birth control pills
without informing the petitioner.
6. Due to her regular intake of birth control pills, she developed a
hormonal imbalance due to which she could not conceive when she
desired so in the year 2006-2007 In order to conceive she went
through a lot of medical treatment as well as IUI (Internal Urinary
Insemination) at Ganga Ram Hospital during the period 2007 to
2008.
7. After 4-5 years of marriage, she pressurized the petitioner to
file a partition case of the property so that she can get the petitioner
separated from his mother & brother. Due to continuous torture &
pressure and the threat from the respondent to file Dowry and
domestic violence case against the petitioner, the petitioner was
forced to file a partition case.
8. After the verdict of the court in the year 2017 in the partition
case of the property, the petitioner got his share. Soon after
partition, the respondent asked the petitioner to sell out his share.
In order to maintain peace & harmony in the family the petitioner
sold out his share and bought a 100 sq yards plot in Swami
Dayanand Enclave, Burari, and shifted to rented accommodation.
After 1-year, the respondent asked the petitioner to sell out the plot
as she wanted to shift to Greater Noida near to her mother’s place.
When the petitioner denied selling out the plot, the respondent
again threatened the petitioner with dire consequences due to
which the petitioner had to sell out the plot at a loss of nearly 1
lakh Indian Rupees.
9. After selling out the property, the petitioner along with the
respondent and his children shifted to Greater Noida in rented
accommodation. Later the respondent forcefully purchased a shop
in the H2O project of Imperia Structures and asked the petitioner to
pay 60% amount for the total cost of the shop. In this transaction,
the respondent became the first applicant and the petitioner became
the second applicant.
10. Soon after shifting to Greater Noida, in August 2019, the
respondent joined HDFC life as a freelance financial advisor after
getting in touch with Nitesh Chauhan her Manager, in spite of
being a freelance financial advisor, the respondent did not provide
any kind of financial support to the family and traveling & day to
day expenses were taken care by the petitioner only. Since her
joining, her manager frequently kept visiting our place in Greater
Noida, for which the petitioner did not raise any concern as he had
faith and trust in the respondent.
11. Earlier the petitioner used to work in the stock market and was
having good earnings/income, but in the year 2010 he suffered
losses, so in order to support his family, he started working in a call
center and since then he worked at various call centers. But in 2020
due to covid lockdown, the petitioner lost his job and there was no
financial support from the respondent, but somehow the petitioner
supported his family, the petitioner borrowed money from his
friends and mortgaged his gold jewelry. During the period of
lockdown, the respondent did not even care to provide food to his
children & the petitioner on time. She always remained busy on her
phone on chat & call with Nitesh Chauhan & her friends. She used
 to sleep at 3-4 am and used to wake up at 4 pm during the period of
lockdown.
12. In June 2020, the petitioner got seriously ill and was to be
admitted to the hospital, but instead of accompanying the petitioner
to get him admitted to the hospital, the respondent asked the
petitioner to get admitted on his own, after the petitioner got
admitted himself in Kailash Hospital. During the 6 days of stay of
the petitioner in the hospital, the respondent did not even care
about visiting him to know about his health. Moreover, as soon as
the petitioner got admitted to the hospital, she called Nitesh
Chauhan and asked him to come and stay at her place. For 6 days
in the absence of the petitioner when he was admitted to the
hospital, the respondent spent 6 days with Nitesh Chauhan at her
place.
13. After discharge from the hospital, the respondent objected to
the respondent’s relationship with Nitesh Chauhan, after which she
started fighting with the petitioner. More trouble started when the
respondent started staying out for nearly 3-4 days without
informing the petitioner about her whereabouts. On one such
occasion, she got ready in the early morning and left the house on
23rd August 2020, and returned on 27 th August without informing
the petitioner. Likewise, on the previous occasion when the
respondent left the house for such a long period, the petitioner took
care of the children by providing them with food and taking care of
the children. There were numerous occasions when she kept
staying out for such a long period. When the petitioner objected to
such behavior of the respondent, she started fighting and took the
children with her and went to her mother’s house and left the
 children there. Now it became easy for her to stay out as the
petitioner was not aware of where actually the respondent used to
stay. While leaving the house she also took away the original
agreement document of the shop with her.
14. She stayed away from the petitioner for nearly more than one
and half months, during this period the petitioner managed his day-
to-day needs, preparing food, etc on his own. In order to avoid
ruining the future of his children, the petitioner said sorry and
asked the respondent to return home, on the day of her coming
back she admitted that she has a physical relationship with Nitesh
Chauhan. Again, soon after a few days, she started fighting with
the petitioner and again started staying out without informing the
petitioner where exactly she was staying. On one such occasion
before Diwali of 2020, she left the home on the 10th of November
and asked the petitioner not to call her or text her and she left, a
couple of days before Diwali.
15. From August 2020 till January 2021, the respondent hardly
stayed with the petitioner for nearly 20-25 days, during this period
whenever the petitioner approaches the respondent for physical
relations, she denied it.
16. In the absence of the respondent, the petitioner took care of the
children by preparing food for them, washing their clothes, and
looking after their studies day-to-day needs.
17. Respondent in collusion with Nitesh Chauhan took a rented
accommodation in Uttam Nagar where Nitesh Chauhan was living.
The respondent deserted the petitioner on 17 th January 2021
leaving him on her own when the petitioner was jobless. While
leaving she took away all the household items along with her,
 leaving the petitioner with just one single bed, fridge, TV, washing
machine, a gas cylinder, and a water cooler. She not only took
away the items which she brought along with her at the time of
marriage but also the items that were bought by the petitioner.
18. As the petitioner was jobless, in order to avoid paying hefty
rent, the petitioner has to accommodate his household items at his
friend’s house. After that, the petitioner had food at gurudwara for
nearly 2 weeks before moving to his Bua ji (Father’s Sister) where
the petitioner spent nearly 2 months. During this whole period, the
respondent did not even give a call or text the petitioner to know
about his well-being.
19. On 28th July 2021 the petitioner was admitted to Saroj
Hospital, in spite of knowledge of admission of the petitioner into
the hospital, the respondent did not even care to know about his
well-being.
20. After his discharge from the hospital, the petitioner went to
meet his children. On almost all occasions he found Nitesh
Chauhan and his brother Gaurav present at the respondent’s house.
Whenever the petitioner tried to speak to the children, the children
seem to fear, they might have been threatened not to reveal
anything about whether Nitesh Chauhan is living with the
respondent. On one such occasion when the petitioner tried to
interact with his children Nitesh Chauhan and Gaurav Chauhan
beat him and threatened him with dire consequences. Regarding
this incident, the petitioner filed a police complaint at Bindapur
police station.
21. Soon after this incident, the respondent denied the petitioner to
meet his children and it has been more than 3 months since the
 petitioner met his children. While leaving the petitioner, the
respondent told the petitioner that she would get the children
admitted to the school, but till now the children of the petitioner
has not been admitted to any of the school and his children lost
nearly 2 valuable years of education.
22. Instead of being a helpful/supportive wife in the time of
Covid, as many families have faced such a kind of similar
issues/problems, the respondent preferred to leave the petitioner
alone as she got financial support and physical pleasure from
Nitesh Chauhan who was staying with him till the present moment.
23. That the petitioner has not in any manner condoned the
aforementioned cruelty of the respondent.
24. That the petition here has not been filed in collusion with the
respondent/wife.
25. That there has not been any inordinate or unnecessary delay in
filing the present petition.
26. That no other similar petition has been filed in any of the
courts of law.
27. That there is no other legal ground, statutes, and legislation for
not granting the relief craved by the petitioner /husband.
28. That the respondent is living in Uttam Nagar which is well
within the jurisdiction of this hon’ble court. Thus, this Hon'ble
Court has got the jurisdiction to entertain and try the present
petition.
29. That the requisites court fee for the purpose of court fees and
jurisdiction is fixed and the same is paid.

PRAYER:
 In the above-mentioned circumstances, it is, therefore,
most respectfully prayed
a. that the marriage between the parties may very kindly be
dissolved by a decree of divorce on the basis of grounds
of cruelty and desertion as provided under the law.
b. Pass any other order in favor of the petitioner, which this
Hon’ble court deems fit and proper in the given facts and
circumstances, in the interest of justice.

Delhi. Petitioner
Dated
Through Counsel
Rajesh Kumar

VERIFICATION:

I the above-named petitioner states on the solemn affirmation

that paras 1 to 22 of the petition are true and correct to my
knowledge and those of paras 23 to 29 are believed to be true as
per the information received being legal paras, the last para is
Humble prayer to this Hon’ble court.

Verified at Delhi on this ___ day of Feburary, 2023

Petitioner
 IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,
DISTRICT - WEST, DWARKA COURTS, DELHI
H.M.A. Petition No. ________ / 2023
In the matter of
Sanjay Sharma ..Petitioner
Versus
Monica Sharma ...Respondent

AFFIDAVIT
I, Sanjay Sharma, S/o Late Mahesh Chand Sharma, R/o Plot
No.10, Khasra No. 139/14, Gali No-17, A-1 Block, Sant Nagar,
Burari, North Delhi-110084, do hereby solemnly affirm and
declare on oath as under:

1. That the deponent is the petitioner in the above-named

petition and is fully conversant with the facts and circumstances of
the case.
2. That the marriage between the deponent and the
respondent was solemnized on 09/12/2004 at Noida (UP)
according to Hindu rites and customs.
3. That after the marriage, the parties lived together as
husband and wife in Delhi, and from the said wedlock two male
children (Sons) namely Aarav Sharma & Arnav Sharma are born
on dated 14/07/2010 & 30/08/2010 Respectively, who are
presently under care & custody of the respondent.
4. That accompanying petition has not been filed in
collusion with the respondent.
5. That there is no unnecessary or improper delay in filing
the accompanying petition.

6. That the contents of the accompanying petition have been

drafted by my counsel under my instructions which have been
read over and explained to me in vernacular, which are true and
correct.

Deponent
Verification:
Verified at Delhi on this ___day of February 2023
that the contents of the above affidavit are true and correct and
nothing has been concealed there from.

Deponent