To, /03/2024

Smt. Smitha C. Hosamani,

D/o. Surendra G. Terdalkar,
Residing at No.S-6, 2nd Floor,
Essar Residency,
Amarwal Wado,
Taleigaon,Panaji,
Goa- 403 002

Ma’am,

I issue this notice to you on behalf of and under the instructions of my

client Sri. Chethan Aravind Hosamani, aged about 37 years, S/o.
Aravind J. Hosamani, R/o. No. 160, 1st Main, 1st Floor, A.G. Layout,
Manganahalli Road, Ullal, Bengaluru- 560 110, as follows:

1. My client informs me that you and my client met after being

introduced to each other by your respective families. As you and my
client, with the support of your respective families mutually agreed to
get married, the marriage came to be registered in Goa on 12.09.2014.
Thereafter, a marriage ceremony between you and my client took
place on 29.01.2015 as per the Hindu rites and customs in the
presence of family, friends, relatives and well-wishers in Panaji, Goa. A
marriage reception was also held at Bengaluru on 03.02.2015.

2. My client informs me that after the solemnization of marriage,

you shifted to your matrimonial home in Bengaluru and started
residing with my client and his parents. My client informs me that ever
since the first day of co-habitation, my client and his parents have
treated you with utmost respect, care, love and affection and my client
has always been a dutiful husband to you making sure that you were
provided with the much needed love, affection and reverence at your
matrimonial home and married life. My client also proactively ensured
that you resumed your career in Bengaluru. My client and you were
also able to maintain an equal balance of work, travel, family and
social life. My client also informs me that although you had a job in
various places over a period of time, my client bore all the household
expenses as well as the personal expenses incurred by you and in
addition, also gave pocket money on a monthly basis.

3. My client informs me that although there were repeated

indifferences over petty issues, you and my client were leading a
happy married life and in September, 2017 you conceived a child.
Subsequently, in the 8th month of pregnancy, around April, 2018 you
went to Goa to your parental house for rest and delivery as per
customs. My client informs me that on 18.06.2018, a male child was
born to you, out of the wedlock, who came to be named as Medhansh.
My client informs me that as per your mutual plans and understanding
with my client, you were to stay at your parental home for 5 months
after delivery, after which you were to re-join my client and his parents
at the matrimonial home. However, after the lapse of 5 months post-
delivery, you insisted on continuing to stay at your parental home for a
few more months and return after 8 months. However, again, after the
lapse of 8 months, you continued to stay at your parents’ house,
having no regard to the fact that my client would want to live with you
and his child. Furthermore, you expressed your desire to not return at
all and instead, stay back in Goa at your parental home and take up a
business with the assistance of your father (who was to retire shortly)
and brother as returning to Bengaluru would mean more work and
responsibilities for you, of not only taking care of the baby, but also of
taking care of the matrimonial home by doing household chores. This
came as a shock to my client who naturally as a father, was waiting to
see his son and start living together as a family, and the same also
caused my client a lot of stress and agony owing to the uncertainty
caused by you. It is also pertinent to mention here that my client had
even hired a full time maid for the house to support you, but you were
not convinced by the same. After much coaxing and requesting, you
have returned to your matrimonial home 8 months after delivery.

4. My client informs me that after your return to Bengaluru, you

started being very moody and annoyed with my client, repeatedly
starting fights and quarrels with my client over trivial issues and
thereafter repeatedly threatening to leave the matrimonial home. My
client informs me that around mid January, 2020, you went to Goa to
attend the marriage ceremony of your relative along with Medhansh,
and continued to stay back in Goa without showing any intention to
return. Around such time, my client informs me that his mother
accidentally injured herself while operating the food mixer for which
she got 16 sutures on the fingers of her right hand and that when you
were informed of the same casually over a phone call, you have failed
to show even an iota of concern for the suffering of my client’s mother,
and have gone on to accuse my client’s mother of using such injury to
fulfill an ulterior motive of convincing you to return to the matrimonial
home. You have baselessly accused my client’s mother of pretending
to be injured only to make you return to the matrimonial home
immediately in order to make you do all the work, further blaming
them of emotionally tricking you and torturing you. My client informs
me that the same is however not true and my client and his parents
have only given you lots of respect, considering that you are the lady
of the house and are thereby supposed to be the strength of the
family. Your behaviour towards the incident clearly shows your lack of
empathy which is very much required for maintaining good relations in
a family. You took your own time to stay back in Goa after the
marriage of your relative and did not show any intention to return. My
client informs me that after my client’s request over the phone to your
father, you have made up your mind to return after a lapse of almost
1.5 months. My client informs me that such conduct caused a lot of
confusion, uncertainty and inconvenience to my client and in the
matrimonial home. My client informs me that even during your
intermittent stays for brief periods in the matrimonial home, you have
time and again passed threats to my client of leaving for Goa during
petty fights and quarrels which caused my client a great deal of
emotional suffering. My client informs me that on certain occasions you
have even walked out of the house stating that you are leaving for
good and have returned only after many hours, which has again,
caused a lot of mental agony to our client. It is pertinent to mention
that such acts on your part amounts to harassment and cruelty. My
client informs me that in spite of discussing such behavior and the said
issue in front of both your parents and my client’s parents, the same
has been of no use and you have continued to pass such threats, start
such fights, and leave the matrimonial home as per your whims and
fancies. On one such occasion when these matters were being
discussed before the elders of the family, instead of helping resolve
the issue, you have gone on to call the police to the matrimonial home
and have thereafter created drama on the road, thereby spoiling the
reputation of the family. My client mentions that on several occasions
you have left for Goa for indefinite periods of time, leaving my client
hanging, in the dark, to only return after a few months.

5. My client informs me that on one such occasion in September,

2021, when you left for Goa for an indefinite period without informing
my client and discussing the same with him, my client has contacted
you several times asking you to come back to the matrimonial home
and support our client in running the house. However, on such request
you have agreed to return to Bengaluru on condition that you are
allowed to live separately in the house on the ground floor of the
building which my client had constructed to get rental income, as you
did not want to reside with your parents-in-law. This again also caused
a lot of unnecessary stress and financial burden to my client who had
to now take care of two houses. It is pertinent to mention that my
client obliged and fulfilled such a condition, only to save the marriage
keeping in mind Medhansh’s future and to make sure that you are
comfortable and happy in the marriage.

6. My client informs me that around the same period you were

diagnosed with ‘Borderline Personality Disorder’ and were further
prescribed medications by a psychiatrist which you were asked to take
regularly as you were suffering from extreme mood swings, anxiety,
indecisiveness and prolonged depression which even made you feel
lazy and avoid responsibilities in terms of family and your career. It is
necessary to mention that although you were prescribed medicines
and were asked to take the same regularly, you have avoided taking
the medicines on the ground that the medicines were causing weight
gain and you have further concealed such avoidance from my client.
My client informs me that the said personality disorder was already
causing havoc within the family and therefore, avoiding taking the
prescribed medicines without bringing it to the notice of my client,
knowing very well that avoiding taking such medicines would impact
your health and thereby the relationship with my client, amounts to
cruelty.

7. My client informs me that around the same time, that is, in the
month of December, 2021, you have conceived a second child,
however, on learning the same, you were left feeling extremely tensed
and unhappy with the thought of raising another child, thinking of the
same to be a burden, while also fearing whether your psychiatric
illness would impact the baby, therefore, in spite of the doctors having
advised you against an abortion, you have undergone the same having
no regard for my client’s opinion, desires and perspective on the said
matter. Such an act only amounts to mental and emotional
harassment.

8. My client informs me that you have not been a dutiful and caring
wife to my client on several occasions where my client has fallen sick
and where you have simply avoided taking care of my client. One such
incident which reflects the same is when my client travelled to Raipur
for your brother’s wedding and fell sick with diarrhea. You have
completely neglected my client, giving him the car key so he can find a
doctor in Raipur all by himself in spite of him being very new to the
city. My client has thereafter returned to Bengaluru, but you have not
checked on him or his health and you have not contacted him. It is
pertinent to mention that my client received a message from you only
two days after his return to Bengaluru about his wellbeing. This only
goes to show the very little care and concern you have for my client.
9. My client informs me that in September 2022, my client planned
a trip to Guruvayur, Kerala to attend a friend’s wedding and invited
you, but you have declined joining my client on the pretext of
Medhansh having his LKG mid-term exams. My client therefore
travelled on his own. It is pertinent to mention that by such time you
had stopped fulfilling the marital obligation of being intimate with my
client for several months. My client informs me that on his return from
Guruvayur, my client was shocked to see that you had exchanged
chats and messages with another man by name K Manu regarding how
you had invited him and met him when Medhansh was asleep, at the
matrimonial home secretly on 11.09.2022 around 2 or 3a.m., after
having come across him on an online dating application called ‘Tinder’.
The said incident left my client feeling shattered and extremely hurt,
for which my client had to take the following day off at work. My client
informs us that the said incident further broke the trust that our client
had in you. In addition you had used the online dating application to
speak to a few other men also. It is necessary to mention that using a
dating application and further meeting men from such dating
applications at wee hours of the night, amounts to breach of trust,
cruelty, mental and emotional harassment and adultery.

10. My client informs me that in order to understand your behaviour

and perspective better, my client even visited a psychiatrist who
advised my client to take you to Goa and speak about the incident
personally with you. Following the said advice, my client has taken you
to a restaurant in Goa on 24.09.2022 and confronted you about the
incident pertaining to meeting another man in the wee hours of the
night. You after having initially denied the same have later come to
accept it, further stating that you have been in contact with this man
from the past 3 years. Accepting your mistake, you have promised and
convinced my client to live cordially without speaking ill about my
client’s family as you would otherwise do, and you have further asked
to shift back to the first floor of the house and live together with my
client and his parents in harmony. You also gave a letter, written and
signed by you, on how you would conduct yourself and live cordially
going forward. Keeping in mind the well-being of Medhansh, my client
has agreed to the same.

11. My client informs me that after your return from Goa, you have
lived in peace and harmony with my client and his parents for a very
short period of time after which you have again started with your old
habits of creating conflicts and starting big fights over trivial and petty
issues. My client informs me that you even started intentionally
skipping taking the medicines prescribed to you by the psychiatrist
again and hiding the same from my client. My client informs me that in
July, 2023, you have started issues and quarrels with my client again
accusing my client’s mother of speaking behind your back with
relatives, although the same was very unnecessary and very untrue.
Such behaviour again caused a lot of instability in the family.

12. My client informs me that you have repeatedly created conflicts

with my client showing fluctuating moods throughout the marriage. In
spite of my client’s best efforts to support you, you have not done
anything on your part to stabilize your moods and behaviour, although
the least that you could have done is to take the medications
prescribed by the psychiatrist and follow his advice. Considering the
fact that the conflicts between you and my client only grew bigger and
bigger, my client even invited your parents over to Bengaluru, in order
to resolve all issues and misunderstandings once and for all, however,
such issues and problems remained unresolved and there was also no
initiation from your parents to resolve these issues. My client informs
me that thereafter on 05.10.2023 you have sent an SMS to my client
informing my client that owing to a weak bond that exists between you
and my client, you would want to leave the matrimonial home once
and for all, after which on 24.10.2023, during Dussehra festival, my
client informs me that my client’s mother fell ill, and therefore
expected you to do the pooja in the house being the lady of the house,
all in good faith, however, you have taken the same negatively, and
have insisted to leave for Goa immediately. You have thereafter
booked your tickets immediately for a night bus and have left for Goa
with Medhansh stating that you will return in 2 to 3 days, however you
did not return as promised. Yet again, my client was left severely
stressed and emotionally upset. My client informs me that after a few
days in Goa you have again contacted my client stating that you will
return to Bengaluru but that you will live separately with your mother,
along with Medhansh, in a different house nearby, on a further
condition that although Medhansh is allowed to meet my client and his
family members, he will always spend the night with you. When my
client resisted such a condition as it will have a negative impact on
Medhansh, you have admitted Medhansh to a school in Goa without
consulting my client and without sharing the details of the school with
my client. You have thereafter stopped responding to the calls and
messages of my client and have not returned to the matrimonial home.

13. My client informs me that thereafter, after several requests to

you and with your parents, you permitted my client to attend
Medhansh’s school annual day function which was held on 19.02.2024.
During his visit to Goa along with his parents, my client has met you
and Medhansh. During such meeting, after the school program was
over, Medhansh requested to sleep beside my client as he usually
would in the matrimonial home to which you agreed stating that you
will pick him up on the following day. Thereafter, after my client left
with Medhansh and his parents for dinner, you have contacted the
women’s police and have arrived with them to the hotel where my
client, his parents and Medhansh were dining and you have created a
huge ruckus and have further gone on to use abusive and bad
language against my client’s parents. This not only disturbed
Medhansh and my client but it also put my client’s parents who are
respectable and senior citizens in a very embarrassing situation. My
client informs me this caused Medhansh to start crying inconsolably to
which you have repeatedly threatened Medhansh to kill yourself if he
asks for his father, that is, my client ever again. Such behavior and
incident caused a great deal of stress and fear to Medhansh who is but
a young child of 5 years. You have thereafter taken Medhansh with you
and have not been in contact with my client. My client has made
several attempts to get in touch with in order to decide about the
future of the marriage and also about Medhansh’s future and resolve
existing issues, but he has not received any response from you.

13. My client informs me that in spite of several attempts to contact

and convince you to return to Bengaluru and live with my client as a
family, you have refused to respond and have not returned to your
matrimonial home. Further, your unpredictable behaviour of repeatedly
leaving the house for every small issue and conflict time and again has
not only caused uncertainty and instability in the matrimonial home,
but it has also caused a lot of stress, uncertainty, emotional
disturbance and negative impact on Medhansh who is a mere child of 5
years and who requires a lot of love and a peaceful home. Your
behaviour which includes talking ill about my client and his family, and
threatening Medhansh to kill yourself, has impacted Medhansh so
much that he is already showing signs of emotional disturbance and
distress. Further, your behaviour of deserting my client repeatedly,
keeping him away from his son time and again and also of dating
another man while in the marriage, has caused my client a heightened
sense of anxiety and distress. Therefore, my client cannot wait any
longer for you to adjust to the marital life and is therefore forced to
decide to get the marriage that was solemnized between him and you,
dissolved.

14. My client further informs us that although my client has

constantly requested you to return and join him at the matrimonial
home along with his son and in spite of you having dated another man,
you have been obdurate and have refused to return. My client has
even visited Goa in the month of December, 2023 and February, 2024
and requested you to return to the matrimonial home and start afresh,
but you have outrightly refused to do the same without any logical
excuse and without having any regard for the well being of Medhansh.
My client was even denied meeting his son and my client had to
thereby plead with you to meet his son. My client has tried his level best
to get you back in the past few years, seeking the help and support of elders
in the family, relatives and well-wishers, but all his efforts have gone in vain,
for the reasons best known to you. Further as you have been reckless and
irresponsible about your mental illness and you have further cheated my
client and committed adultery by being with another man and meeting him
at wee hours of the night, it is in the best interest of both you and my client
to get the marriage dissolved by mutual consent. Hence, this instant notice.

WHEREFORE, you are hereby called upon to give mutual consent for
getting divorce from my client within 15 days from the date of receipt of this
notice, failing which my client will be forced to seek legal remedy for
dissolution of marriage that was solemnized on 12.09.2014, which will be at
your cost and expenses.

Yours truly,

(Priyanka S. Urs)
Advocate