District:
South 24 parganas
IN
THE COURT OF THE LEARNED DISTRICT JUDGE
AT ALIPORE
Matrimonial
suit no. Of 2014
In the matter of:
An
application under section 13B of the Hindu
Marriage act, 1955.
AND
In the matter of:
RABIN SARDAR
Son of Haran Sardar
Residing at Vill.Mirjapur,
P.O. Mathurapur,
P.S. Mathurapur,
District- South 24 Parganas
……………. PetitionerNo.1/Husband
-Versus-
SMT. TUMPA SARDAR (DAS)
Wife of Rabin Sardar
Daughter of Uttam Das
Residing at Vill.Mirjapur,
P.O. Mathurapur,
P.S. Mathurapur,
District- South 24 Parganas
……………. PetitionerNo.2 /Wife
AN APPLICATION UNDER SECTION 13B, OF THE HINDU
MARRIAGE ACT, 1955 AS AMENDED BY THE MARRIAGE LAWS (AMENDMENT ACT,1976)
Most Respectfully Sheweth:-
1.
That your
petitioners are the husband and wife by relation and they are the bonafide
citizen of India.
2.
That the marriage
in between your petitioner no.1 and petitioner no.2 was solemnized on 11th
February 2004 by the Hindu Marriage Act, 1955 and on the same a social
ceremony also took place at petitioner no.2/wife’s house i.e. Vill.Mirjapur,
P.O. Mathurapur, P.S. Mathurapur
District- South 24 Parganas.
3. That after the petitioner no.1 and
petitioner no.2 were lived together as husband and wife at petitioner’s no.1
house i.e. Vill.Mirjapur, P.O. Mathurapur, P.S. Mathurapur, District-24
Parganas(South) and the said marriage was consummated there.
4. That the petitioner no.1 and
petitioner no.2 got married on 11.02.2004 and got separated on 06/04/2011 and
till they said separation continuing.
5. That after marriage, as the day
passed, there were differences in temperament, habits, tastes, thoughts, ideas,
ideologies etc. Frequent quarrels were
going on every- day. Several reconciliation from friends, parents, did not work
out.
6. That after a very serious quarrel and
in order to avoid further deterioration in relationship both of them willfully
agreed to be mutually separated. So they are living separately since April,
2011 and decided to be separated forever by way of mutual Divorce.
7. That your petitioners tried their
best and even some well-wishers of both of the petitioner tried their best to reconcile
the matter but all the efforts were in vain.
8. That after the marriage from the
wedlock of petitioner No.1 and petitioner No.2 one daughter bigoted namely-
Diya Sardar who is at present aged about 9 years and the petitioners hereby
agrees that their minor daughter will remain in the custody of the petitioner
No.2 forever.
9. That the cause of action arose on
06/04/2011 i.e. the date of separation of the house of petitioner no.1 under Vill.
Mirjapur, P.O. Mathurapur, P.S. Mathurapur, District- South 24 Parganas from
each other.
10.
That there is no demand on further demand
against each other in any manner.
11.
That there is no collusion on connivance in
between the parties in respect of subject of this proceeding.
12.
That there is no chance of their re-union.
Yours petitioners therefore pray before
Honour to pass a Decree of dissolution
of marriage by mutual consent U/S 13B of
Hindu
Marriage Act, 1955 and further and other
order or orders as your Honur may deem fit and
proper for the ends of justice.
And for this act of kindness, as your
petitioner in duty bound, shall over pray.
VERIFICATION
I, RABIN SARDAR the petitioner no.1/
husband do hereby declare that the statements made in the foregoing paragraphs
are true to my knowledge and belief and I sign this verification this the day of , 2014.
VERIFICATION
I, SMT. TUMPA SARDAR (DAS) the
petitioner no.2/ wife do hereby declare that the statements made in the
foregoing paragraphs are true to my knowledge and belief and I sign this
verification this the day of , 2014.
AFFIDAVIT
I, RABIN SARDAR son of Haran Sardar, aged
about 30 years, by faith- Hindu, by occupation- Service, residing at Vill.
Mirjapur, P.O. Mathurapur, P.S. Mathurapur, District- South 24 Parganas, do
hereby solemnly affirm and declare as follows :-
1.
That
I am the petitioner no.1/ husband of the instant application and am well
conversant with the facts and circumstances of this petition.
This is true to my knowledge.
2.
That
the statements made in the foregoing paragraphs nos. 1 to 12 are all true to my
knowledge and belief and the rest thereof are my humble submission before this
learned Court.
-----------------------------
DEPONENT
Read over, explained in Bengali
and Identified by me.
Advocate
AFFIDAVIT
I, SMT. TUMPA SARDAR (DAS) wife of Rabin
Sardar, daughter of Uttam Das, aged about 27 years, by faith- Hindu, by
occupation- House wife, residing at Vill. Mirjapur, P.O. Mathurapur, P.S.
Mathurapur, District- South 24 Parganas, do hereby solemnly affirm and declare
as follows :-
1.
That
I am the petitioner no.2/ wife of the instant application and am well
conversant with the facts and circumstances of this petition.
This is true to my knowledge.
2.
That
the statements made in the foregoing paragraphs nos. 1 to 12 are all true to my
knowledge and belief and the rest thereof are my humble submission before this
learned Court.
-----------------------------
DEPONENT
Read over, explained in Bengali
and Identified by me.
Advocate
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