District : South 24 Parganas.
In
the Court of the Learned District Judge, at Alipore, South 24 Parganas.
Matrimonial Suit no.
_____________of 2018.
In the
matter of :
.
Ghazala
Parveen, Wife of Nasir Hussain, Daughter of Niamat
Ali, of premises being no. 27/1, Dhobia Bagan, P.O.- Kamar hati, P.S.-
Belgharia, Kolkata-700056,
_____Petitioner.
-
Versus
–
Nasir Hussain, Son
of Shri Ahmed Hussain, residing at premises
being no. 3/7/C, M.M. Dutta Road, P.O.-
Budge Buddge, Police Station – Budge Budge, Kolkata – 700 137, District South 24 Parganas.
……Respondent.
Suit
for Divorce under Section 2 ( viii ), of the Dissolution of Muslim Marriage
Act’ 1939.
The humble petition
of the above named Petitioner Ghazala Parveen, most respectfully;
Sheweth as under :
1. That your petitioner and the
respondent are Muslim by religion and are married couple.
2. That your Petitioner is a peace
loving and law abiding citizen of India, residing at the above mentioned
address, as give in the cause title of this instant application made under
section under Section 2 ( viii ), of the Dissolution of Muslim Marriage Act’
1939 and presently compelled to residing at premises being no. 3/7/C, M.M.
Dutta Road, P.O.- Budge Buddge, Police Station
– Budge Budge, Kolkata – 700 137,
District South 24 Parganas.
3. That your petitioner, is the legally married
wife of the respondent, and presently compelled to reside at rented house, as premises
being no. 3/7/C, M.M. Dutta Road, P.O.- Budge Buddge, Police Station
– Budge Budge, Kolkata – 700 137,
District South 24 Parganas.
4. That the respondent, is husband
of your petitioner, having profession of tailoring of garments under name and
style M/s. R.K.Tailors, Ahmed Hussain, is father – in – law, Sayeda, is mother
– in – law, Anwar Hussain, is brother - in - law, Shabnam, is sister – in –
law, all are residing together in a same premises, and having same mess to all,
and Razia Bibi, is aunty in law and Amjad Ali, is maternal uncle
of husband.
5. That the marriage in between
the petitioner, and the respondent, was solemnized on 18th day of December’
2016, at 27/1, Dhobia Bagan, P.O.- Kamar hati, P.S.- Belgharia, Kolkata-700056,
according to Muslim rites and customs, in presence of both the family members,
and since after her marriage your petitioner started living as the newly wedded
wife with other family members within a shared household with her husband and
in laws.
6. That immediate after the
marriage the petitioner subjected to Violence mentally by the respondent, and
the other in laws on the ground of flimsy plea as the family members of the petitioner
unable to provide more costly gifts and
articles to the respondent and in-laws, at the time of marriage for which the respondent
and other family members regularly abused her with filthy languages on the
demand of more valuable gifts, articles and cash money.
7. That after the marriage of your
petitioner, her family members arranged in much hardship and given several gold
ornaments, furniture, motor cycle, refrigerator, colour TV, washing machine,
utensils of brass and others, and Rs. 1,00,000/- ( Rupees One Lakh ) only in
Cash, as per the forceful demand of the respondent, and other in-laws of the petitioner.
8. That the marriage between the petitioner
and the rtespondent, was negotiable marriage by both the families and the
introduction made through matchmaker. The said marriage was socially intimated
and organized, and performed in accordance with the Muslim rites and customs.
The said marriage also registered in accordance with the prescribed Law, in the
state of West Bengal, before the Muslim Registrar of Belghoria, North 24
Parganas, Kolkata-700056, Govt. of West Bengal.
9. At the time of marriage, walima
and thereafter so many costly gifts and
articles have been given by family
members, relatives, friends and well wishers of the petitioner. The followings are the costly gifts and
articles given at the marriage ceremony and other occasions.
a)
Hero
Motor Byke (Xtream Sports)
b)
Washing
Machin
c)
Colour
T.V. (L.G)
d)
Refrigerator
e)
Home
Steaching Machine(Two Pcs.)
f)
Dressing
table (Wooden).
g)
Box
Khat with gadda, balis & gadda cover
h)
Steel
Almirah
i)
Steel
Iron Showcase
j)
Ceiling
Fan 2 Pcs.
k)
Utensils
set(Brass)- 2Pcs. Thala, 4 Pcs. glass, 2Pcs. Handi, 4Pcs. Boul, 1 Pcs. Mug.
l)
Utensils
set(Steel)- Full set
m) Utensils set(Aluminum)- Full Set.
n)
Dinner
set- Bone Chaina (Law Pala)
o)
Mixer
Grinder- 1 Pc.
p)
Juicer-
1 Pc.
q)
Hotpot
(Outside Fiber, inside steel)
r)
Wall
clock- 2 Pcs.
s)
Floor
Rug ( Kalin velvet) - 2Pcs.
t)
Bed
Sheet- 1 Pcs.
u)
Photo
Frame- 6 Pcs.
v)
Dress
Materials
w) Wrist Watch- 1 Pc.
x)
Bride
groom Dress Materials.
y)
VIP
Brief Case- 2 Pcs.
z)
Big
Size Steel box (Trunk)
aa) Gold Chur- 2Pcs.(Ladies)
bb)
Gold Ear Ring- 2 Pcs.(Ladies)
cc) Silver Chain- 1 Pc.
dd)
Silver Payel- 2 Pcs.
ee) Silver Mehendi Chala- 1 Pair.
ff)
Gold
Nose Pin- 2 Pcs.
gg) Toshok - 1 pc.
hh)
Gold Chain- 2 Pcs.(Gents)
ii)
Gold
Finger Ring- 2 Pcs.(Gents)
jj)
Silver
Finger Ring-1 Pc.(Gents).
10.
That on 21-12-2016, being the
walima ceremony has held by the
family members of husband, respondent herein and whereas the family members of the petitioner
/ wife also attended on that occasion. In the said occasion, the respondent/
husband and in laws, insulted family members of the petitioner as to desire of
more costly gifts and money and
consequently with the intervention of
relatives the things became minimize.
11.
That according to Muslim rituals, the
entire ceremony has been conducted and soon after marriage the given costly
gifts and ornaments as per demand of respondent
and his other family members by the family members, and well wishers of the petitioner
/ wife at the marriage ceremony as well as the walima ceremony conducted in the
parental house and matrimonial house consequently, have been taken by the respondent /
husband and in laws from the petitioner soon after the ceremony.
12.
That the petitioner beg to states that
thereafter the next day of walima ceremony i. e. 22.12.2016, the respondent
demanding for a bike from the petitioner and started mental torture for the
same, in the compelling circumstances, the petitioner contacted with her family
members and described the facts and whereas her family members for sake her
peace arranged money for purchasing the bike namely Hero motor bike, model no.
xtream sports, chassis no. MBLKC12EMGGL00434, engine no. KC12EFGGL00634 has
been given to respondent on 26-12-2016 which has been purchased from "RAJA
HERO", 16F, B.T. Road, Sukchar Girja, Sodepur, north 24 Parganas though said bike has been registered in the motor
vehicle department in the name of the petitioner. Presently all necessary
papers and the said bike are in the custody of the respondent.
13.
That the petitioner beg to states that
therefore after getting the bike, the respondent again started demanding money
for his tailoring business under the name and style M/s. R.K. Tailors, having
address Kazi Para Road, naya Bastee, P.S.- Barrackpore, Kolkata-700120 and for
that the petitioner was being physically and mentally tortured by the respondent
and in laws, therefore in helpless condition and being depressed at the behest
of the respondent
and other in laws, the petitioner again approached to her family members
stating all relevant facts and then and there her family members arranged money
collecting from several heads of her family
as of Rs.1,00,000/_ (Rupees one Lakh) only and the said amount has been
provided to the respondent
on 27.12.2016 by the family members of the petitioner for the expansion of
business of the respondent
under the name and style M/s. R.K. Tailors, having address Kazi Para Road, naya
Bastee, P.S.- Barrackpore, Kolkata-700120.
14.
That the petiotioner beg to states
that thereafter the respondent
started a new story that skin complexion of the aggrieved petitioner is dull
and the respondent
dissatisfied for that therefore he did not want to sleep with the petitioner,
hearing that version the petitioner became more depressed and asked to her
husband, the respondent
herein - " you married me after seeing me before the marriage ceremony
with your other family members again and again and after being satisfied you
and your family members decided to make the relationship meant marriage between
you and me, therefore it is irrelevant
". It was midnight, probably 1.00 a.m. on 28-12-2016, the respondent
/ husband started fist and blow with abusive languages and asked another Rs.2,00,000/- (Rupees Two
Lakh) only and when the petitioner tried
to convince him that her family members have no capacity to give another cash money
to the respondent
that time, then the respondent
started vigorous physical and mental torture upon the respondent and forcibly
driven her out from the bed room and directed her to sleep with parents of the respondent.
The petitioner requested respondent
more and more to allow her into their bed room but the respondent
did not heed. When the petitioner was crying then her brother in law (Deor),
Anwar Hussain, Sister in law (Nanad) –Shabnam, awake and feeling disturbance,
started beating the petitioner and accompanied by her mother in law and father
in law. Anwar Hussain, stroke on the private part of the petitioner in presence
of respondent and his family members, while the petitioner raised strongly
protest but the respondent did not protect his wife in that compelling
circumstances.
15.
That the petitionert beg to states
that on the next day as on 29.12.2016 the respondent asked the family members
of the petitioner to come to matrimonial house of the petitioner and to take her
with them. Therefore her sister in law (boudi), Mumtaz Banu and sister Sahjahan
came accordingly and tried to convince the respondent / husband and his
father, mother and brother and therefore stated that "we could not take
Ghazala with us, we arranged marriage for her to continue her conjugal life,
not to stay with us", and requested the respondent and in laws to
adjust the matter.
16.
That the petitioner
beg to states that in the morning on the
next day, as on 30.12.2016, the respondent
/ husband again tortured physically and mentally and driven the petitioner
out from her matrimonial house, therefore getting no other way your petitioner
asked her sister in laws (Boudi) and consequently she came to her matrimonial
house and to see marks of brutality and torture in her body, they became
puzzled and therefore her sister in laws tried to dialog with her husband but her husband respondent
herein insulted her sister in laws with abusive languages and threatened her
sister in laws by saying that if they did not take the petitioner
away from her matrimonial house then the respondent
would kill the petitioner. In the compelling circumstances sister in laws of
the petitioner
brought her to her parental house.
17.
Thereafter lastly on 13-12-2017 at
about 10 a.m., brother in law (Jamai Babu) of the petitioner, Md. Selim mate respondent / husband and told that
if he did not return back my stridhan
article within seven days then he lodged complaint to the police station
against respondent, hearing the decision of Md. Selim, brother in law, the respondent
became astonished and threatened Md. Selim, brother in law (Jamai babu) of the petitioner
stating- "Tor kon baba achhe, nie asis, kono jinis ferot debo na, police
amar kichchu korte parbe na, police ke janale tor bari vangchur kore debo, ami
Barrackpore Court er pase thaki". The petitioner and her family members
took it casually, but on the same day at about 4 p.m., the respondent, Nasir
Hussain, Sister in law - Shabnam, maternal aunt, Razia Bibi, maternal uncle
Amjad Ali and brother in law, Anwar Hussain with some unknown persons came to
parental house of the petitioner at premises
being no. 27/1, Dhobia Bagan, P.O.- Kamar hati, P.S.- Belgharia, Kolkata-700056
and to see them, the petitioner with her
family members welcome them and requested them to be seated in the room but the
respondent, husband refused the same and threatened Md. Selim ( brother in law of
the petitioner) that if he, the petitioner
and her other family members further claim for stridhan article or to lodge
complaint to the police, then they will ruined the family of the petitioner and
would kill the petitioner by gang raping. Therefore strong intervention of the
vicinity people, they returned back with threat- "Katha ta mone rakhis,
tor shali ke tule nie jabo".
18.
That
your petitioner lodged this fact with the local Police Station, vide Written
Complaint through speed post which has been received by the Belgharia Police
Station on 21-12-2017, though the Police
did not take any steps as to register such complaint as an F.I.R. and to
investigate into the matter of complaint and the copy of complaint has been
served to the Commissioner of Police, Barrackpore Police Commissioneret, West
Bengal Mohila Commission, West Bengal Human Rights Commission and according to
track report, all the copies received by the concern authority subsequently.
19.
That
the respondent caused immense cruelty to the petitioner.
20.
That
the petitioner never condone the cruel acts of the respondent and your
petitioner’s reasonable apprehension in her mind that it would be harmful and
injurious for her to live with the respondent as the respondent deserted the
petitioner with any reasonable cause.
21.
That
your petitioner made attempt to restore the marital tie but to no effect and
your petitioner is not in a position to start with conjugal life again on a
clear state wiping off the unpleasant memories.
22.
That
at present it is impossible to lead a happy conjugal life with the respondent
and the petitioner become panicky and has reasonable apprehension in her mind
that it will be harmful or injurious to live together with the respondent.
23.
That
the petitioner beg to state that as the petitioner belongs from a very poor
family, she passes her days in a very tough manners, as more particularly she
was not able to earn money in any other ways, and she was dependent on her old
aged ailing parents, who have had very peltry amount of earnings. However she
passes her day with her parents as per available ability ascertained from her
parents.
24.
That
Since 13-12-2017, to till date the Respondent, never provide any financial help
or any other help or protection to protect the modesty of a women, though the
respondent, having immovable properties and business and thereby earned handsome
money, per month.
25.
That
the Petitioner further beg to submit that the petitioner have no means and
source of any earnings and she living her life at the mercy of her parents.
26.
That
the Petitioner beg to submit that during the conjugal life since after her
marriage was painful and victimized by the acts of Domestic Violence caused by
the Respondent, husband and other in-laws members. The petitioner also the
victim of domestic violence caused by the respondent, and other in laws member
of the petitioner as a result the petitioner sufferings a lot.
27.
That
your petitioner craves liberty to file all the photocopies, G.D.E., complaint,
and other relevant papers and documents along with this petition and rests will
be submit during trial for kind perusal of the Learned Court.
28.
That
your petitioner is entitled to a decree of dissolution of marriage on the
ground of cruelty as the behavior and conduct of the respondent injured the
petitioner on her body and mind and the respondent has deserted the petitioner
since 13-12-2017, Where they lived together and thereafter on all subsequent
dates month and last on 13-12-2017, when the respondent has finally driven out
the petitioner from his house.
29.
That
the Cause of action for the present suit has sufficiently arose as on
13-12-2017, and continuing day by day thereafter till the day of presenting the
present petition before the Learned Court.
30.
That
the present petition has not been filed in collusion with the respondent.
31.
That
the relation between the parties has irretrievably broken down and there is no
chance for any reconciliation or re-union between the parties.
32.
That
for the purpose of the suit the fixed court fees of Rs. 100/- is affixed
herewith.
33.
That
this instant application made bona-fide, by your Petitioner to get appropriate
justice in accordance with the Law of land.
Under circumstances
stated above, it is therefore prayed that your Honour may be pleased to pass :
(a) A Decree for dissolution of
marriage on the ground of cruelty as contemplated under the law;
(b) Costs;
(c) Any other relief / reliefs.
And / or other
order or orders or further order or orders, as your Honour may deem, fit, and
proper for the end of justice.
And for this act of kindness,
your Petitioner, as in duty bound shall ever pray.
Documents Relied on by the
Petitioner :
1. Marriage certificate, issued by
the muslim marriage registrar;
2. Invoices / bills of the
stridhan articles, and others;
3. G.D.Entry, and Complaint to the
Police, and other authority concern;
4. Other Documents and or papers.
VERIFICATION
I, Ghazala Parveen, being the
petitioner herein, do hereby declare that the statements made in paragraph nos.
----- to ---- are true to my knowledge and the rests are my humble submissions
before this Learned Court.
I sing this verification on
this __________the day of ___________2018 at Alipore Judges’ Court premises.
Petitioner
Identified by me,
Advocate.
Prepared in my Chamber,
Advocate.
Date : _________________2018.
Place : Alipore Judges’ Court.
AFFIDAVIT
I, Ghazala Parveen, Wife of
Nasir Hussain, Daughter of Niamat Ali, aged about __________years, by faith
Muslim, by Occupation House Wife, presently compelled to reside at premises
being no. 27/1, Dhobia Bagan, P.O.- Kamar hati, P.S.- Belgharia, Kolkata-7000,
District South 24 Parganas, do hereby solemnly affirm and says as follows :
1. That I am the Petitioner in the
instant suit and am fully conversant with the facts and circumstances of this
suit.
2. That the statements made in
paragraph nos. ----- to ---- are true to my knowledge and the rests are my
humble submissions before this Learned Court.
That the statements
made above are true to my knowledge and belief.
DEPONENT
Identified
by me,
Advocate.
Prepared in my
Chamber,
Advocate.
Date :
__________________2018.
Place : Alipore
Judges’ Court.
N O T A
R Y
VAKALATNAMA
District
: South 24 Parganas
In the Court of Learned District Judge,
at Alipore, South 24 Parganas.
Matrimonial Suit
no……………..of 2018.
Ghazala Parveen ………..Petitioner.
Versus
Nasir
Hussain, ….…Respondent.
KNOW
ALL MEN by
these presents that I / We
Ghazala Parveen, wife of Nasir Hussain, daughter of Late Niamat Ali, presently
residing at premises being no. 3/7/C, M.M. Dutta Road, P.O.- Budge Buddge, Police Station – Budge Budge, Kolkata – 700 137, District South 24 Parganas,
do hereby constitute and appoint the
under mentioned Advocate, Pleader, Vakils, jointly and each of them severally
to be pleader of take such steps and proceedings as may be necessary on my /
our behalf and for that purpose to make sign, verify and present all necessary
petitions, plaints, written statements and other documents and do nominate and
appoint or retain senior counsels, vakil, advocates and other persons, lodge
and deposits moneys and documents and other papers in the Ld. Court and the
same again withdraw and to take out of Court and to obtain or grant as the case
may be effectual receipts and discharge for the same and for all moneys which
may be payable to me / us in the premises. To enter into compromise with my /
our approval and withdraw, all moneys from the court AND GENERALLY to act in the premises and proceedings
arising there out whether by way of execution, review, appeal, or otherwise or
in any manner contested there with as effectually and to all intents and
purpose as I / We could act if personally present and such substitution and as
pleasure to revoke I / We hereby ratifying and agreeing to confirm whatever may
be lawfully done by virtue hereof.
In witness whereof this Vakalatnama
has been executed by me / us.
This
the …………………day of ………………2018
Sri
Ashok Kumar Singh, Advocate.
Sri
Anindya Chakraborty, Advocate.
Sri
Biplab Some, Advocate.
