District: South 24 Parganas.
In the Court of
Learned District Judge at Alipore, South 24 Parganas
Matrimonial Suit No: _______ of
2025.
In the Matter of:
Sri. Sayan Mukherjee, Son of: Santanu
Mukherjee, Aged about: 27 Years, Residing
at:
Premises no. 1/4, Rajendraprasad Colony, Post
Office: Tollygunge, Police Station: Jadavpur, Kolkata - 700033. District:
South 24 Parganas. Mobile
No. 8017978518.
..... Petitioner
No: 1/Husband.
And
Smt.
Nistha Bakshi, Wife of: Sayan
Mukherjee,
Daughter of: Tilak Bakshi, Aged about: 26 Yrs Residing at: 60,
Bikramgarh, 3rd Floor, Near Hari Sava Math, Jadavpur
University, Kolkata: 700032. Mobile No.
9123336713.
.........Petitioner
No: 2/Wife.
An Application for a Decree of Mutual
Divorce under Section 13B of Hindu Marriage Act, 1955.
The
humble joint petition of both the petitioners named above, most respectfully;
Sheweth as under :
1.
That the Petitioner No.1 and the
Petitioner No. 2 were adult at the time of their marriage. The marriage between
them was solemnized by the consent of both the petitioners and their family
members, and they are permanently residing at their respective address which is
mentioned in the cause title of this application.
2.
That the Petitioner no. 1 and the
Petitioner no. 2 got married with each other according to
the Hindu
rights
and
ceremony on 25th Day of March 2016 by performing Hindu Rituals. Followed
by the Social
Marriage between them on 25th
Day of March’ 2016, and from the
very next
day of
their marriage, they started to live as husband and wife
Under one roof at the residence of the Petitioner no.1 /husband being Premises
no. 1/4,
Rajendraprasad Colony, Post Office: Tollygunge, Police Station: Jadavpur, Kolkata
- 700033. District: South 24 Parganas.
3.
That before marriage the Petitioner
no.1 /Husband was engaged in the service and was residing
at the Premises no. 1/4, Rajendra prasad Colony, Post
Office: Tollygunge, Police Station: Jadavpur, Kolkata - 700033. District:
South 24 Parganas.
The Petitioner No: 2 Smt. Nistha Bakshi, before the marriage engaged in house hold work and
were residing at her parental home at Premises No. 60,
Bikramgarh, 3rd Floor, Near Hari Sava Math, Jadavpur
University, Kolkata: 700032.
4.
That the marriage between the Petitioner
no.1 /Husband and the Petitioner no.2 /Wife, was duly consummated between them.
5.
That out of the said wedlock one female
Child was born who recognized as Sanvika Mukherjee
on 6th day of April 2017.
6.
That after birth of the said female child there was
frequent cruel relinquished between the petitioners in relating to very
petty domestic issues.
7.
That thereafter both the petitioners realized that
there is differences of opinion, habit, decision making, like,
dislike
etc., for which the petitioners are not able to continue with their matrimonial
tie.
8.
That several attempts were made on
behalf of the near relatives, well wishers and common friends for their
re-union or reconciliation but all are in vain due to difference of opinion
between the parties to the suit and as such they have decided to dissolve their
marriage on mutual consent.
9.
That the Petitioner no.1, has returned
all the “Stridhan” articles and other belongings to the Petitioner no.2 / wife,
and she received the same and she shall never claim for the same at present or
in future.
10.
That both the parties shall never
raise any demand or claim to each other in future and the petitioner no.2
surrendered her right in favour of the petitioner no.1, and the petitioner
no.1, also surrendered his right in favour of the petitioner no.2.
11.
That there is or shall not have any
claim or demand from each other at present or in future.
12.
That the Petitioner No:
2, Smt.
Nistha Bakshi, left her matrimonial
home on
20th day of August’ 2022 and went
to her parental house and since then she
is residing at her parental home, at Premises No. 60,
Bikramgarh,
3rd
Floor,
Near Hari Sava Math, Jadavpur University, Kolkata:
700032, District South 24 Parganas.
13.
That the minor female child Sanvika Mukherjee
stayed in the custody, care and protection of the Petitioner no. 1 /Husband and
the Petitioner no. 2, Smt. Nistha Bakshi may visit her child and take care with
her love and affection.
14.
That both of your petitioners during
the period felt and realized that it would not be possible for each of them any
further to live together and maintain their matrimonial relationship as lawful
Husband and Wife, despite best efforts of both the petitioners and their
relations to adjust with each other.
15.
That under the aforesaid facts, and
circumstances, both of your petitioners have mutually agreed and decided that
for the joint interest of the petitioners hereto would be better for each of
them to dissolve the marriage held between them and solemnized on 25th
March’ 2016, under the Hindu rites and customs, by a Decree of Divorce on
mutual consent and accordingly your petitioners without being influenced by any
fraud, coercion, and or under undue influence have mutually consented to file
the present joint petition for Decree of Divorce on mutual consent before the
Learned Court.
16.
That there has not been any
unnecessary or improper delay in filing the present joint petition for Divorce
and there is no other legal impediment and or ground to grant of the relief as
prayed for by the petitioners.
17.
That the Petitioners further submit
that there was a total breach of relationship between the parties in a suit and
in every aspect both the petitioners are disagreed to continue their marital
life and at the same time there is no possibility of revival of the matrimonial
relationship between the parties to the suit as Husband and Wife. The Several
attempts of reconciliation by the family and friends of the both the
petitioners but as such no result has come out and after your Petitioners have
also realized that there is no chance of reconciliation between themselves and
the marriage solemnized between both the Petitioners on 25th March’
2016, is required to be dissolved by a Decree of Divorce on mutual consent and
accordingly your petitioners without being influenced by any fraud, coercion,
and or under undue influence have mutually consented to file the present joint
petition for Decree of Divorce on mutual consent before the Learned Court, as
their relation has turned into a fruitless affairs.
18.
That one Matrimonial Suit being no.
2052 of 2024, has been instituted by the Petitioner no. 1, Husband and the
Petitioner no. 2, wife, before the Learned District Judge, at Alipore, South 24
Parganas, which has been withdrawn by the Petitioners since the said
application was suffered with inherent defect in presentation before the
Learned Court, and as the Petitioner amicably reached at their resolution for
mutual Divorce, by way of presenting this application, before the Learned
Court.
19.
That the present joint petition for
divorce is made bonafide and for the interest of justice to save two life from
total ruination and the present joint petition is being filed not in collusion
with each other.
20.
That both the Petitioners to the Suit
state that there is no litigation is pending in between them, before any Court
of Law, as on the even day on presenting this application before the Learned
Court.
21.
That the petitioners are filing the
present application of their own free will and volition and are well aware of
the implication of the present application in terms of the provision of Section
13B of the Hindu Marriage Act’ 1955.
22.
That there is no collusion or
connivance by and between the parties of this present application, before the
Learned Court.
23.
That there is no unnecessary delay in
filling the present application before the Learned Court.
24.
That there is no legal impediment in
granting the Decree of Divorce by mutual consent to the parties of this present
application.
25.
That for the end of justice the
Learned Court will be pleased to dissolve the marriage between the petitioners
by a Decree of Divorce as contemplated under the provision of Section 13B of
the Hindu Marriage Act’ 1955.
26.
That the cause of action or the
instant suit arose on and from 25th March’ 2016, i.e. from the date
of marriage and finally on and from 20-08-2022, when the petitioner no. 2 /
wife left the matrimonial house and started living at her parental house at
Premises being no. 60, Bikramgarh, 3rd Floor, Near
Hari Sava Math, Jadavpur University,
Kolkata:
700032.
27.
That the Court fees of Rs. 100/-
affixed on this application as of Ad-voleram Court fees for the present
matrimonial application under Section 13B of the Hindu Marriage Act’ 1955.
28.
That the Petitioners enclose herewith
the Social marriage invitation Card, marriage pictures, Birth Certificate of
the female child, etc. and other necessary documents.
29.
That the Petitioners crave leave of
the Learned Court to produce the relevant and on necessary documents and or
papers, at the time of hearing of this application, before the Learned Court.
30.
That this application is made bona
fide in the interest of administration of justice.
In
view of the facts and circumstances stated above your petitioners most humbly
prayed that your Honour may graciously be pleased to admit this application /
petition and pass necessary order for the dissolution of marriage between the
petitioners, solemnized on 25th day of March’ 2017, and issue decree
of divorce on mutual consent as provided under section 13B of the Hindu
Marriage Act’ 1955, and / or pass such other necessary order or orders as your
Honour may deed fit and proper for the end of justice.
And for this act of kindness, the
petitioners as in duty bound shall ever pray.
VERIFICATION
I,
Sri Sayan Mukherjee, the petitioner no.1, of the instant application made under
section 13B of the Hindu Marriage Act’ 1955, for the Mutual Divorce, and I am
well conversant with all the material facts and circumstances, as mentioned in
the forgoing paragraphs of the instant application, and whereas I, verify this
application as on this…………..day of ……………………2025, at Alipore Judges’ Court.
Sri
Sayan Mukherjee
Petitioner
no.1, of the application.
VERIFICATION
I,
Smt. Nistha Bakshi, the petitioner no.2, of the instant application made under
section 13B of the Hindu Marriage Act’ 1955, for the Mutual Divorce, and I am
well conversant with all the material facts and circumstances, as mentioned in
the forgoing paragraphs of the instant application, and whereas I, verify this
application as on this…………..day of ……………………2025, at the Alipore Judges’ Court.
Smt.
Nistha Bakshi.
Petitioner
no.2, of the application.
AFFIDAVIT
I, Sri.
Sayan Mukherjee, Son of Santanu
Mukherjee, Aged about: 27 Years, by
faith Hindu, by Occupation Service, Residing at:
Premises no. 1/4, Rajendraprasad Colony, Post
Office: Tollygunge, Police Station: Jadavpur, Kolkata - 700033. District:
South 24 Parganas,
do hereby solemnly affirm and say as follows :-
1
: That I am the petitioner no.1, of this suit and as such I am well conversant
with the material facts and circumstances of this Suit.
2
: That the statements made in the paragraph no. 1 to 18 are all true to my
knowledge and belief and the rest are my humble submission before this Ld.
Court.
The
above statements are true to the best of my knowledge or information best known
to me, and I verified this affidavit as on ……………….day of………………………2025, at the Alipore
Judges’ Court.
DEPONENT
Identified
by me,
Advocate for the Petitioner
no.1.
Prepared
in my office,
Advocate
for the Petitioner no.1.
Dated
:……………………2025.
Place
: Alipore Judges’ Court. NOTARY
AFFIDAVIT
I,
Smt. Nistha Bakshi, Wife of: Sayan Mukherjee,
Daughter of: Tilak Bakshi, Aged about: 26 Yrs by faith
Hindu, by Occupation House Wife, Residing at: Premises being no. 60,
Bikramgarh, 3rd Floor, Near Hari Sava Math, Jadavpur
University, Kolkata: 700032,
do hereby solemnly affirm and say as follows :-
1
: That I am the petitioner no. 2, of this suit and as such I am well conversant
with the material facts and circumstances of this Suit.
2
: That the statements made in the paragraph no. 1 to 18 are all true to my
knowledge and belief and the rest are my humble submission before this Ld.
Court.
The
above statements are true to the best of my knowledge or information best known
to me, and I verified this affidavit as on ……………….day of………………………2025, at the Alipore
Judges’ Court premises.
DEPONENT
Identified
by me,
Advocate
for the Petitioner no.2.
Prepared
in my office,
Advocate
for the Petitioner no.2.
Dated
:……………………2025.
Place
: Alipore Judges’ Court. NOTARY
