ANGELLINA ARENJA Vs. NITIJ ARENJA

JUDGEMENT

(1.) The Petitioner challenges the order dtd. 10/3/2024 passed by the Family Court at Bandra, Mumbai (below Exhibit - 19 and 20) in the Divorce Petition No. A-447 of 2022. The Petitioner and the Respondent are husband and wife. The Respondent-husband instituted Divorce proceedings against the Petitioner-wife which are pending before the Family Court at Bandra. The marriage between the Petitioner and the Respondent was solemnized as per Hindu rites and customs, on 8/12/2002 at New Delhi. After marriage they resided at Balmoral Hall, Mount Mary Road, Bandra (West), Mumbai. They have two children out of the wedlock born on 6/1/2006 and 18/5/2008 respectively. It is alleged that the Petitioner has suffered grave mental agony and domestic violence alongwith economic abuse at the hands of the respondent and his relatives. He is also guilty of parental alienation, as the minor children have been alienated from the the Petitioner. The Respondent has brainwashed the children and has used them as pawns against the her. Because of the sufferings caused to her by the Respondent she has filed a Divorce Petition bearing No. HMA/ 1044/2022 before the Family Court, South, Saket, New Delhi.

(2.) It is alleged that the Respondent has deserted her in February 2022, and left the matrimonial home alongwith two children. Since then the Respondent is staying in a rental apartment alongwith two children and he has never returned to the matrimonial home till date. It is submitted that the fact about leaving matrimonial home in February 2022 has been admitted by the Respondent in his pleadings in the cases filed by him and in his written statement in Divorce Petition bearing No. HMA/1044/2022. According to her, he is enjoying a luxurious and affluent life, while she has been left to deal with the situation on her own without any resources. She is being deprived of her necessary amenities of which she has become accustomed to while residing with the Respondent. As a result of severe mental agonies suffered by her, she was required to undergo therapy session since mid 2022.

(3.) It is alleged that on 29/7/2022, all of a sudden the Respondent barged into her matrimonial house and inquired with the maids, whether the lock of the main door has been changed. He thereafter warned the Petitioner to vacate the matrimonial home or else face the consequences. She thereafter filed the Divorce Petition before the Family Court at Saket, New Delhi. The Respondent also filed Divorce proceedings before the Family Court at Bandra, Mumbai. The Petitioner received notice of the said Divorce Petition on 5/9/2022. The Petitioner-wife and the Respondent-husband have filed the Divorce proceedings against each other.