District : South 24
Parganas.
In the Court of the Learned District
Judge, Alipore,
South 24 Parganas.
Matrimonial Suit No. of
2024
In
the matter of :
Shri Aswini Kumar Dash, aged about 47 years, Son
of Hadibandhu Dash, residing at Premises being no. 36, J.L. Nehru Road, Neare
I.T.C. Chowringhee, Post Office & Police Station – Park Street, Middleton
Row, Kolkata – 700071, Mobile Number : 9830653907, Email : adash.101076@gmail.com (Outside the jurisdiction
of this Learned Court),
_________Petitioner no.1 / Husband
-
AND –
Smt. Koyel Bal, aged about 38 years, Wife of Shri
Aswini Kumar Dash, Daughter of Manik Chandra Paul, having Permanent address at
House Number 136, Behind National Highway – 34, Netaji Shakti Sangha Club,
Kapileswar, Nadia – 741221, District Nadia, West Bengal, and presently residing
at Premises being no. M-24, Kamdahari Pyarabagan, Garia, Kolkata - 700084,
Police Station – Bansdroni, District South 24 Parganas, Mobile
Number : 8787479233, Email : poulkoyal365@gmail.com
(Presently residing at within the jurisdiction of this Learned Court),
_______Petitioner no.2 / Wife
An Application
for a Decree of Divorce on Mutual Consent under Section 28 of the Special
Marriage Act 1954;
The humble joint petition of both the petitioners
named above, most respectfully;
Sheweth as
under :
1.
That your Petitioners are peace loving
and law abiding Citizen of India, domiciled in the State of West Bengal.
2.
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 presently residing at their respective address which is given
in the cause title of this application.
3.
That the marriage between the
petitioner no.1, and the petitioner no.2, was solemnized on 27-04-2022, and at
the time of marriage the petitioner no. 1, was a bachelor and the petitioner
no. 2, was a widow. The said marriage has been registered under the Special
Marriage Act’ 1954, on 27th day of April’ 2022, before the Special
Marriage Registrar, Md. Nuruddin, having his Office Address as 4, Imdad Ali
Lane, Kolkata 700016, who give Certificate of Registration under Section 13 of
the Special Marriage Act 1954, having Registration Certificate No. WB3420010001010000227-2022-46624,
Dated 27-04-2022, solemnization took place at Premises being no. 28, Mirza
Ghalib Street, Police Station – New Market, Post Office – New Market, Kolkata –
700087, District Kolkata, West Bengal.
Photostat Copy of the said marriage certificate is
annexed herewith and marked as Annexure – “A”.
4.
That after the said marriage both the
petitioners started living as husband and wife at the house of the petitioner
no.1, i.e. at Premises being no. 36, J.L. Nehru Road, Neare I.T.C. Chowringhee,
Post Office & Police Station – Park Street, Middleton Row, Kolkata –
700071.
5.
That the marriage between the
petitioner and the respondent has been duly consummated, though they do not
have any child out of their wedlock.
6.
That as on 27th day of May’
2022, the Petitioner no.2, with her family member left the matrimonial home,
for her parental home to visit in the religious rituals, and since then the
Petitioner no.2, has been residing separately at her parental house at House
Number 136, Behind National Highway – 34, Netaji Shakti Sangha Club,
Kapileswar, Nadia – 741221, District Nadia, West Bengal, and the Petitioner
no.1, has been residing separately at his premises as mentioned in the cause
title.
7.
That due to incompatibility of taste,
temperament, habits, culture, and understanding between the petitioner no.1,
and the petitioner no.2, it became impossible for the petitioners to lead a
normal life. As a result the Petitioner no.2, living separately at her parental
house at House Number 136, Behind National Highway – 34, Netaji Shakti Sangha
Club, Kapileswar, Nadia – 741221, District Nadia, West Bengal, on and from 27th
day of May’ 2022, and since then both of your petitioners have been living
separately.
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 fully satisfied with the same and the petitioner
no. 2, also returned all goods and articles to the petitioner no. 1.
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 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.
13.
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 27/04/2022,
under Section 13 of the Special Marriage Act 1954, vide Registration
Certificate No. WB3420010001010000227-2022-46624, Dated 27-04-2022, 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.
14.
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.
15.
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 27th may’
2022, 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.
16.
That the present joint petition for mutual
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.
17.
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.
18.
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
28 of the Special Marriage Act’ 1954.
19.
That there is no collusion or
connivance by and between the parties of this present application, before the
Learned Court.
20.
That there is no unnecessary delay in
filling the present application before the Learned Court.
21.
That there is no legal impediment in
granting the Decree of Divorce by mutual consent to the parties of this present
application.
22.
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 28 of the
Special Marriage Act 1954.
23.
That the cause of action or the
instant suit arose on and from 27/04/2022, i.e. from the date of marriage and
finally on and from 27/05/2022, when the petitioner no. 2 / wife left the
matrimonial house and started living at her parental house at House Number 136,
Behind National Highway – 34, Netaji Shakti Sangha Club, Kapileswar, Nadia –
741221, District Nadia, West Bengal, and subsequently started residing at Premises being no. M-24,
Kamdahari Pyarabagan, Garia, Kolkata - 700084, Police Station – Bansdroni,
District South 24 Parganas, which fall under the Jurisdiction
of the Learned Court. The Petitioner no.1, residing at the address given in the
cause title of the application as Premises being no. 36, J.L. Nehru Road, Neare
I.T.C. Chowringhee, Post Office & Police Station – Park Street, Middleton
Row, Kolkata – 700071.
Photostat Copy of the Aadhar Card of the
Petitioners and the rent agreement of the petitioner no.2, are annexed herewith
and marked as Annexure – “B”, Colllectively.
24.
Be it mentioned here that both the
Petitioners herein lastly resided as husband and wife under the same roof at
the matrimonial home of your Petitioner no. 2, Premises being no. 36, J.L.
Nehru Road, Neare I.T.C. Chowringhee, Post Office & Police Station – Park
Street, Middleton Row, Kolkata – 700071, and the Petitioner no.2, presently
residing at Premises being no. M-24, Kamdahari Pyarabagan, Garia, Kolkata - 700084,
Police Station – Bansdroni, District South 24 Parganas, which
is within the jurisdiction of this Learned Court and as such this Learned Court
has ample jurisdiction to try this suit.
25.
That the Court fees of Rs. 100/-
affixed on this application as of Ad-Voleram Court fees for the present
matrimonial application under Section 28 of the Special Marriage Act’ 1954.
26.
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.
27.
That this application is made bona
fide in the interest of administration of justice.
In the aforesaid facts and circumstances, it is
therefore prayed that Your Honour would graciously be pleased to dissolve the
marriage tie in between the petitioners marriage solemnized on 27th
day of April’ 2022 as per provision of Section 28 of the Special Marriage Act’
1954, by a Decree of Divorce on Mutual Consent by the Petitioners and to pass
such further order or orders as Your Honour may deem, 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 Aswini Kumar Dash, the petitioner no.1, of
the instant application made under section 28 of the Special Marriage Act’ 1954,
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
……………………2024, at Alipore Judges’ Court.
Sri
Aswini Kumar Dash
Petitioner
no.1, of the application.
VERIFICATION
I, Smt. Koyel Bal, the petitioner no.2, of the
instant application made under section 28 of the Special Marriage Act’ 1954,
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
……………………2024, at the Alipore Judges’ Court.
Smt.
Koyel Bal.
Petitioner
no.2, of the application.
AFFIDAVIT
I, Shri Aswini
Kumar Dash, Son of Hadibandhu Dash, aged about 47 years, by faith Hindu, by
Occupation Service, residing at Premises being no. 36, J.L. Nehru Road, Neare
I.T.C. Chowringhee, Post Office & Police Station – Park Street, Middleton
Row, Kolkata – 700071, 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 15 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 _____________’ 2024, 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
:……………………2024.
Place : Alipore
Judges’ Court. NOTARY
AFFIDAVIT
I, Smt. Koyel Bal, Wife of Shri Aswini Kumar Dash,
Daughter of Manik Chandra Paul, aged about 38 years, by faith Hindu, by
Occupation Private Tutor, residing at House Number 136, Behind National Highway
– 34, Netaji Shakti Sangha Club, Kapileswar, Nadia – 741221, District Nadia,
West Bengal, and also at Premises being no. M-24, Kamdahari Pyarabagan,
Garia, Kolkata - 700084, Police Station – Bansdroni, District South 24
Parganas, 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 15 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 January’ 2024, 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
:……………………2024.
Place : Alipore
Judges’ Court. NOTARY
