ASHOK KUMAR SINGH

Saturday, November 25, 2023

Mutual Divorce Application

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 11^thFebruary 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.

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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.

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DEPONENT

Read over, explained in Bengali

and Identified by me.

Advocate

application under Section 24 of the Hindu Marriage Act

District: South 24 parganas

IN THE COURT OF THE LEARNED 16^th ADDL. DISTRICT JUDGE AT ALIPORE

Miscellaneous Case no. of 2014

(Arising out of Mat suit No. 9 of 2013)

Smt. Shila Chowdhury

……………. Petitioner/Wife

-Versus-

Sri Binod Chowdhury

……………. Respondent/Husband

AN APPLICATION UNDER SECTION 24 OF THE HINDU MARRIAGE ACT, 1955

The Humble petition on behalf of the above

named Petitioner/Wife.

Most Respectfully Sheweth:-

1. That the wife/petitioner of the above named suit is the legally married wife of the respondent/Husband and their marriage was solemnized on 03.03.2001 according to Hindu rites and customs and out of their marital wedlock a female child was born on 13.12.2001 and another female child was born on 23.04.2004, who are called and known as “Shikha Chowdhury” and “Neha Chowdhury” respectively.

2. That both the daughters were admitted to school at St. Stephen’s School,Keorapukur Branch and the elder one i.e. Shikha Chowdhury is studying in standard VI and younger one i.e. Neha Chowdhury is studying in standard IV.

3. That since after marriage the respondent and his relatives started to inflict physical and mental torture upon the wife/petitioner for demand of money and the degree of torture upon the wife gradually increased day by day and also the respondent has regular habit to return back in drunken condition and on protest he used to beat the petitioner mercilessly and even did not spare the children to beat them making their life at stake and ultimately on 30.07.2012 she was driven out from her matrimonial home with her two minor daughter in a single apparel and since then she was compelled to live at her distant relative’s house with her two minor daughters.

4. That thereafter when her husband never took any information about her and their minor daughters and refused to pay any sort of maintenance to her and she on 03.08.2012 filed a case of maintenance as well as interim maintenance before the Court of the Learned ACJM at Alipore, South 24 Parganas for herself and her minor daughters which subsequently transferred to the 10^th Court of the Learned Judicial Magistrate at Alipore for its disposal and after hearing of the interim maintenance the Ld. Court was pleased to pass an order where Ld. Court directing the husband to pay

the petitioner/wife a monthly sum of Rs. 2000/-only as interim maintenance for their minor daughter but the respondent/husband willfully neglecting/violating that Ld. 10^th J.M. Court’s order and the said case is still pending for final hearing.

5. That after receiving the information about the filing of the maintenance case on 03.08.2012 the husband along with his mother, father, brother’s, sister’s and one of his friend came to the relative house of your petitioner/ wife, also abused her with filthy languages and assaulted her, for which she was medically treated by the doctor and the incident was reported to the police.

6. That the respondent/wife has got no independent source of income of her own whatsoever. On the other hand the respondent/husband is working at a Leather bag Company namely M/s. R.Tiwari, Gariahat, opposite to Basanti Devi Collage and earns Rs.8000/- per month as salary and he has lot of property. But the respondent inspite of having sufficient means did not take any information of his wife or child’s nor sent any money for their survival.

7. That considering the present social and pecuniary status of the petitioner/husband the respondent/wife/petitioner herein requires a monthly allowance of Rs.5000/- only per month for herself as alimony, Rs.5000/- for their daughter’s and a lump sum amount of Rs. 25,000/- for expenses of the legal proceeding i.e. cost of litigation.

8. That the application is made bonafide and for the ends of justice.

Under the circumstances, the petitioner/wife,

humbly prays, that Your Honour may be pleased

to order the husband/respondent to pay

respondent/wife a monthly sum of Rs.5, 000/-

only as alimony for the respondent/wife,

Rs. 5000/- for their daughter’s and Rs.25, 000/-

for cost of litigation and may pass necessary

order or orders as your Honour may deem fit

and proper for the ends of justice.

And for the act of kindness, your petitioner as in duty bound, shall ever pray.

AFFIDAVIT

I, Smt. Shila Chowdhury(Singh), wife of Sri. Binod Chowdhury, daughter of late Subdar Singh, aged about 28 years, by faith- Hindu, by occupation- Household duties, residing at 5, Deb Narayan Banerjee Lane, P.S. Chetla, Kolkata-700027, do hereby solemnly affirm and declare as follows :-

1. That I am the petitioner wife of the above application and I am well conversant with the facts and circumstances of the case and I am competent to swear this affidavit.

2. That the statements made in the paragraph nos. 1 to 7 of the foregoing paragraphs are all true to my knowledge, information and belief and the rest thereof are my humble submission before this learned Court.

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DEPONENT

Readover, explained in Bengali

and Identified by me.

Advocate