ASHOK KUMAR SINGH

Saturday, November 25, 2023

written statement in matrimonial suit

District: North 24 parganas

IN THE COURT OF THE LEARNED DISTRICT JUDGE AT BARASAT

Matrimonial suit no. 849 of 2014

Smt. Aditi Sarkar(Roy)

……………. Petitioner/wife

-Versus-

Sri Provas Roy

……………. Respondent/Husband

WRITTEN STATEMENT ON BEHALF OF THE RESPONDENT/HUSBAND ABOVE NAMED

Most Respectfully Sheweth:-

1. That the suit is not maintainable either in law or in facts.

2. That the suit is false, frivolous, concocted and malafide one.

3. That saves and except of the statement admitted herein rest of the statements are denied in toto.

4. That the statements made in Paragraph No. 1 of the Plaint are matter of record.

5. That the statements made in Paragraph No. 2 of the Plaint is false and as such denied. It is denied that the Respondent refused to live with the petitioner as husband and wife but it is true that the marriage was not consummated due to petitioner’s bad adamentation.

6. That the statements made in Paragraph No. 3 of the Plaint is false and as such denied. It is denied that the Respondent blamed to the petitioner for her adamant policy but it is true that the petitioner never do her work as a housewife and she always show her non-adjustment mentality.

7. That the statements made in Paragraph No. 4 of the Plaint is totally false and as such denied. It is denied that the Respondent deliberately has been unwilling to live as husband of the petitioner whereas the Petitioner left her matrimonial house without any reason and never came back.

8. That the statements made in Paragraph No. 5 and 6 of the Plaint is false and as such denied. It is denied that the Respondent relatives never tried to compromise and solve the matter whereas when the Respondent relatives tried to solve the matter your Petitioner refuse that with filthy language.

It is prayed that your Honour would graciously

be pleased to allow your Petitioner’s pray as

per her plaint and the marriage between the

parties be sat-aside or annulled by a decree of

nullity or pass such other order/orders as your

Honour 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, Sri Provas Roy the Respondent/ 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.

AFFIDAVIT

I, Sri Provas Roy son of late Kalipada Roy, aged about years, by faith- Hindu, by occupation- Service, residing at Narikeltala, P.O.& P.S. Hingalganj, District- North 24 Parganas ,Pin-743435, do hereby solemnly affirm and declare as follows :-

1. That I am the Respondent/ husband of this suit and am well conversant with the facts and circumstances of this case.

This is true to my knowledge.

2. That the statements made in the foregoing paragraphs nos. 1 to 8 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

an application under Section 28 of the Special Marriage Act

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 28 of the Special

Marriage act, 1954.

AND

In the matter of:

SOUMYA GHOSH

Son of Swapan Ghosh

Residing at Ghosh Para,

Shyampur,

P.S. Maheshtala

Kolkata-700137

……………. PetitionerNo.1/Husband

-Versus-

BABY GHOSH (Das)

Wife of Soumya Ghosh

Daughter of Kartick Das

Residing at

Kolkata-

……………. PetitionerNo.2 /Wife

The Humble petition on behalf of the above

named Petitioner/Husband.

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 22^thDecember 2010 by the Special Marriage Act, 1954 by Md.Rabiul Islam Molla, Marriage Registrar and on the same a social ceremony also took place at petitioner no.2/wife’s house i.e.

The xerox copy of the marriage Certificate is annexed herewith as annexure – ‘A’

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. Ghosh Para, Shyampur, P.S. Maheshtala, Kolkata-700137,District-24 Parganas(South) and the said marriage was consumated there.

4. That the petitioner no.1 and petitioner no.2 got married on 22.12.2010 and got separated on 12/03/2013 and till they said separation continuing. They do not have any issue in their relationship.

5. That after marriage, as the day passed, there were differences in tempermant, 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 March, 2013 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 it should be mentioned here that there is no issue of the parties out of their wedlock and there is no demand of any shorts of things against each other at present or never will grow in future.

9. That the cause of action arose on 12/03/2013 i.e. the date of separation of the house of petitioner no.1 under P.S.Maheshtala, Kolkata-700137, 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 28 of

Special Marriage Act, 1954 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, SOUMYA GHOSH 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, BABY GHOSH (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, SOUMYA GHOSH son of Swapan Ghosh , aged about 36 years, by faith- Hindu, by occupation- Service, residing at Ghosh Para, Shyampur, P.S. Maheshtala, Kolkata-700137, District- Soth 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, BABY GHOSH (Das) wife of Soumya Ghosh , daughter of Kartick Das,aged about years, by faith- Hindu, by occupation- House wife, residing at Ghosh Para, Shyampur, P.S. Maheshtala, Kolkata-700137, District- Soth 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