IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION),

PADAMPUR, BARGARH
HMA PETITION NO. OF 2020

IN THE MATTER OF :
PRADEEP MAHAPATRA, S/o Balakrushna Mahapatra
R/o Vill/ P.o/ P.s: PADAMPUR, Dist: BARGARH
Occupation: Business. Munsiff: Padampur …. PETITIONER

VERSUS

SARITA MAHAPATRA, W/o Pradeep Mahapatra

R/o Vill/ P.o/ P.s: PADAMPUR, Dist: BARGARH
Occupation: Business, Munsiff: Padampur …. RESPONDENT

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF

DIVORCE UNDER SECTION 13 OF THE HINDU MARRIAGE ACT, 1955
(NO 25 OF 1955)

The petitioner prays as follows:

1. That a marriage was solemnized between the petitioner and respondent according to
Hindu customs, rites and ceremonies after the commencement of the Hindu Marriage Act,1955
on Magha, 2015 as on Odia Calender at Nrusinghnath Temple, Mugpal, Near Paikmal, Bargarh.
The said marriage is registered with the Registrar of marriage on dated 2nd February, 2015. An
affidavit, duly attested stating above facts has also been filed.

2. That the status and place of residence of the parties to the marriage before the marriage,
after the marriage and at the time of filing the petition were as follows:
Husband Wife
Place of Place of
Status Age Status Age
Residence Residence
Before Padampur, Padampur,
Hindu 32 Hindu 27
marriage Bargarh Bargarh
After Padampur, Padampur,
Hindu NA Hindu NA
Marriage Bargarh Bargarh
At the time of
Padampur, Padampur,
filing the Hindu 37 Hindu 32
Bargarh Bargarh
petition

3. That the respondent was working in petitioner’s company where they met and marriage
was solemnized and on Dussehra 2017, the respondent left the company of petitioner and didn’t
return till date. After the date of marriage, both the parties stayed together under one roof and
maintained their conjugal life at the residence of petitioner for a period of 2 years i.e. up to
Dussehra, 2017 i.e. the date of leaving the company of the petitioner. The cause of action arose
when the petitioner came to know that the respondent is in a relationship leading to voluntary
sexual intercourse with a person other than her spouse and in spite of several arguments between
the parties, the respondent disrespected the words of the petitioner and continued the relationship
till date which lead to be a ground of divorce under section 13 (1) (i) of Hindu Marriage Act,
1955.

4. That the cause of action arose again when the petitioner’s word became valueless in
front of the respondent as the respondent was not taking care of petitioner as well as petitioner’s
parents which resulted in cruelty on behalf of the petitioner since the date of above cause of
action arose i.e. near about 2017 when which satisfies the ground of divorce u/s 13 (1) (ia and ib)
of Hindu Marriage Act, 1955. The petitioner took several attempts to bring back respondent to
home, but it was in vain.

5. That the respondent have filed a petition before the Hon’ble court claiming maintaince
from petitioner.
 -.2.-

6. That the petition is not presented in collusion with the respondent.

7. That there has not been any unnecessary or improper delay in filing the petition.

8. That the marriage was solemnized on dated Magha, 2015 as on Odia Calender at
Nrusinghnath Temple, Mugpal, Near Paikmal, Bargarh. The parties last resided together
before Dussehra, 2017. The respondent is residing at her matrimonial house and
petitioner is at his own house till date. And hence, the petitioner prays before this
Hon’ble Court to try and entertain this petition as the matter comes under the Jurisdiction
of the Hon’ble Court.

9. That for the purpose of Court Fee and jurisdiction, the Court fee worth of Rs.100/-
(Rupees One Hundred) only is paid herewith the plaint.

10. That the petitioner relied on the following documents which are filed herewith and
reserves its right to file any other relevant documents or papers and raise any other points as and
when necessary.

a) Certified Copy of Marriage Registration vide Document No:223/2020

b) Marriage Photographs
c) Some Photographs which shows the relationship of respondent with another person
d) Call list of respondent with another person

11. That in view of the above facts and circumstances, it is, therefore, most respectfully and
humbly prayed that this Hon’ble Court may be pleased to

i) grant a decree of divorce under Section 13 of HMA in favour of the petitioner.

ii) Any other relief/ order/ Direction this Hon‟ble Court may deem fit in the interest
of justice and equity.

P E T I T I O N E R

VERIFICATION

I Sri PRADEEP MAHAPATRA do hereby declare that the contents of the plaint from para 01
to 11 including the prayer portion to be true and correct, to the best of my knowledge and
information received. Hence, I verify and signed the same on this the 5 th day of August, 2020 at
9.30 A.M. in the office of the Advocate Sri A. Mohanty at Padampur.

Adv for the plaintiff Petitioner

AFFIDAVIT

I Smt PRADEEP MAHAPATRA, aged about 37 years, S/o Balakrushna Mahapatra resident of
Vill/ P.o/ P.s: PADAMPUR, Dist: BARGARH, do hereby solemnly affirm and state as follows:-

1. That I got married to Sarita Mahapatra on Magha, 2015.

2. That I am acquainted with the facts and circumstances of the case and in charge of the
suit/ case.
3. That the contents of the plaint para 01 to 11 and verification is true to the best of my
knowledge, information and belief. Hence, I verify and signed on this the 5 th day of
August, 2020.

I identified the deponent

Who signed before me

Advocate, Padampur DEPONENT