IN THE COURT OF HON’BLE PRINCIPAL JUDGE, DISTRICT EAST, FAMILY
COURT, K. K. D. COURT, DELHI
CIVIL MISCELLANEOUS APPLICATION NO. OF 2018
IN
HMA NO. 1442/14
IN THE MATTER OF
MS. NIKKI ………………………. APPLICANT
VERSUS
SH PRASHANT KUMAR SABHARWAL ………………………...
RESPONDENT
EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF APPLICANT
I, Nikki Singh, d/o…, r/o…, and applicant herein do hereby solemnly affirm and
declare a under:
1. I state that the applicant married to the respondent on 21.02.2009 which was dissolved
by the decree passed on 16.10.2015 by this Hon’ble court without the grant of
permanent alimony to the applicant.
2. I state that the divorce petition HMA No. 1442/14 was filed on 03.08.2010 under sec
13(1)(a) of Hindu Marriage Act, 1955 on the grounds of cruelty.
3. I state that the applicant was subject to physical as well as mental cruelty for the
dowry demands made by the respondent and the grandparents of respondent. She was
forced to cook non-vegetarian food despite being a vegetarian. The applicant was
made to work inhumanely. The grandfather of respondent made sexual advances
towards the applicant and despite of knowledge of said fact, the respondent did not try
to save her from said humiliation and chose to remain a mute spectator.
4. I state that the decree of divorced dt. 16.10.2015 was passed on the grounds of cruelty
without fixing the permanent alimony of the applicant.
5. I state that the present applicant has no independent source of income for her survival
and livelihood.
6. I state that vide order dt 09.05.2012, the Ld. MM, Monika Saroha, Mahila Court,
Karkardooma Courts, Delhi had directed the respondent to pay a sum of Rs. 2600/-
per month in the account of applicant by the 10 th of every month, assessing the
respondent to be a semi -skilled worker earning approx. 7500/- per month, late in the
year 2012.
7. I state that in the month of January 2017 the present applicant had filed and execution
petition number 5/9/2017 before this Hon’Able court against the respondent /
judgement debtor as the respondent fails to obey and comply with the directions of the
learned mm Monica Saroha Mahila Court Kakarduma Court Delhi wide order dated
95 2012 to pay a sum of rupees 2600 per month in the account of applicant by the
10th of every month as interim maintenance. The order dated 9 may 2012 of learned
mm Monika Saroha, Mahila Court, Karkardooma, Delhi was declared to be affective
from the date of the maintenance petition that is dated 18 December 2009.
8. I state that the respondent had wilfully not paid even a single penny to the present
applicant since 1 October 2014 till date despite of the street directions of learned mm
Monica Saroha, Mahila Court, Kakardooma Delhi wide order date and 9/5/2012 full
stop the respondent is wilfully obeying in avoiding the compliance of the order dated
9 may 2012 against which the applicant had already file and execution petition
number 59/2017 before the concerned Court.
9. I sate that the present applicant is having no source of income of her own and is
leading a miserable life without the adequate and substance source of livelihood.
Therefore, the applicant prays before this Hon’ble court to grant the permanent
aluminium rupees 15,00,000 (Rs. Fifteen Lakhs only/-) against the respondent for the
maintenance of the applicant.
10. The relevant documents, being part and parcel of my evidence/affidavit and being
relied upon by me are as under:-
Exhibit WW-1/1: Copy of decree of divorce on the ground of cruelty vide judgement
& decree dt. 16.10.2015.
11. I state that it is my true and correct statement of facts.
DEPONENT
VERIFICATION
Verified at Delhi on this ………. Day of May, 2022 that the contents of the above
affidavit are true and correct to my knowledge, no part of it is false and nothing material has
been concealed therefrom.
DEPONENT
