IN THE COURT OF HON’BLE FAMILY JUDGE, CUTTACK.

C.P. No.________ OF 2019

IN THE MATTER OF :
PETITION UNDER SECTION 10 OF INDIAN
CHRISTIAN MARRIAGE DIVORCE ACT, FOR
DISSOLUTION OF THE MARRIAGE BY A DECREE
OF DIVORCE
AND
IN THE MATTER OF :
DANIEL MATHEW SUBRAMANI, aged about 36
years, S/o. Mr. K. Subhramani, resident of : A.N.R
Gents PG, 1st Floor, 1/190, 1 B2, Pillaiyar Koil Street,
Thoraipakkam, (ICE FACTORY) Chennai - 400 097.
…PETITIONER
VERSUS
RUTH PRINCY DAS, aged About 35 Years, W/O
Daniel Mathew Subramani, D/o Mrs. Pamela Das, at
present residing at R.D. Route, Route’s Compound,
Sutahat ( Near Baptist Church), Cuttack.
…..RESPONDENT
The humble petition of the Petitioner :-
MOST RESPECTFULLY SEWETH:
01. THAT, the petitioner was married with the respondent on 04.06.2005 at Silver
Plate, 1-7-194 / 195, 1st Floor, Sarojini Devi Road, Paradise Circle, Secunderabad-
500003, Andhra Pradesh, as per Christian Rites and Customs in the presence of
friends, relatives and family members of both the parties and the marriage certificate to
this effect was issued by Faith Outreach Christian Organisation by Officiating Minister
Rev. Dr. John P. Bridge in Cox Colony, Jharsuguda on 03.10.2006.
A true copy of the marriage certificate to this
effect alongwith the affidavits of both parties
are enclosed herewith as ANNEXURE-1
(SERIES).
02. THAT, the respondent is residing at her mother’s place on the above noted
address which is within the Jurisdiction of this Hon’ble Court.
03. THAT, after the marriage the petitioner and the respondent lived together as
husband and wife and consummated their marriage for approx two years i.e till January,
2009 at different places like Jharsuguda, Hyderabad and Chennai. There are two
children namely Grace Angeline Gloria Daniel Mathew (12) and Enoch Benjamin Daniel
Mathew (9) out of the said wed-lock. They were born on 13.12.2006 and 21.02.2009
respectively.
04. THAT, the brief fact leading to such petition is that from the very beginning of
their marriage, there was a lack of mutual understanding between both the parties. Due
to lack of faith, transparency and mutual support, they couldn’t pull off their married life
well. Constant interference of the mother of the respondent was also one of the main
cause of the dispute. However in 2006 their first child was born in Jharsuguda. Then in
2009, the second child was born in Cuttack. But their differences didn’t settle rather it
became more aggravated. Situation became so worse that the respondent blocked the
petitioner on phone calls, masseges and even on social media ( Facebook, Whatsapp,
Massenger etc). In spite of that the petitioner tried to contact her many times through
other communication methods but all in vain. The respondent never took any step to
talk to the petitioner or settle the dispute. She never showed her interest to save the
marriage.
05. THAT, it is also a fact that the petitioner gave all possible effort to save their
marriage because he loved his family a lot and wanted to be with his wife and kids but
the respondent didn’t pay any attention towards it. Rather she preferred to live with her
mother at her mother’s house in Cuttack. The petitioner being not financially sound, the
respondent used to abuse and humiliate the petitioner publicly. Respondent was
dominating and used to ask the petitioner to behave the way she wants, as she is the
earning member of the family. The respondent used to ask the petitioner to come and
stay at her mother’s house, which was not acceptable to the petitioner.
06. THAT, it is also a fact that now the petitioner is living a miserable life all alone.
His health condition is not good and he has undergone an open heart surgery on
27.10.2016. Since then he has been living in a Men’s hostel in Chennai without any
family support.
07. THAT, both parties have been living separately for the last 10 years without
consummation of matrimonial relationship or cohabitation since 2009. There is neither
any scant possibility of reunion between both the parties nor any of them desires to
continue the marital life with another.
08. THAT, the petitioner most humbly submits that the respondent deserted the
petitioner and deprived him to meet with his children and that is the biggest mental
torture for the petitioner. In spite of having two kids, the petitioner is compelled by the
respondent to live a lonely life. In such phase of life when his health is bad and he
needs love and family support, he is bound to live in a Men’s hostel and there is no one
to take care of him.
09. THAT, the petitioner prays that:-
a decree of divorce may be passed by dissolving the marriage solemnized on
dtd. 04.06.2005 and marriage certificate dtd. 03.10.2006 issued by the Faith Church,
Cox Colony, Jharsuguda.
And/or any other order be passed which will be deemed just and proper as per
the facts and circumstances of the case.
10. THAT, the cause of action to file the present petition arose when the respondent
left the company of the petitioner in January, 2009 without any reasonable cause and
took their kids away from him and didn’t come back. It also arose when the petitioner
took so much effort to get her back, but she refused to come.
11. THAT, the parties are Christian by religion and they continue to be so.
12. THAT, the present petition has not been filed in collusion with the respondent by
the petitioner.
13. THAT, no such petition is pending or has been filed or decided by any court of law
on the same subject matter between the same parties.
14. THAT, petitioner has no legal impediments why the relief sought for is not
granted to the petitioner.
15. THAT, the respondent is residing at R.D. Route, Route’s Compound, Sutahat
(Near Baptist Church), Cuttack within the jurisdiction of this Hon’ble Court. Therefore,
this Hon’ble Court has got the jurisdiction to entertain and try the present petition.
16. THAT, a fixed court fee has been paid on the petition.
PRAYER:
It is, therefore most humbly prayed that a decree for Divorce Under section 10 of
the Indian Christian divorce Act be passed thereby dissolving the marriage of the
petitioner and the respondent on the ground of mental cruelty and desertion may kindly
be passed in favor of the petitioner.
And for the said act of kindness, the petitioner as in duty bound shall pray.

CUTTACK PETITIONER
DATE : ______________
VERIFICATION
I, DANIEL MATHEW SUBRAMANI, aged about 36 years, S/O Mr. K.
Subhramani, resident of Kumaranagar, Chennai, presently residing at : Men’s Hostel,
Thoraipakkam, Chennai, do hereby verify that the contents from paras 1 to 16 are
correct and true to the best of my knowledge and personal belief, faith and as per my
instructions. The above contents have been read over and explained to me and I have
understood the same. Hence I have signed hereunder on the_____day of June, 2019.

VERIFICANT
AFFIDAVIT
I, DANIEL MATHEW SUBRAMANI, aged about 36 years, S/O Mr. K.
Subhramani, resident of Kumaranagar, Chennai, presently residing at : Men’s Hostel,
Thoraipakkam, Chennai, do hereby solemnly affirms and states as follows;
01. That I am the petitioner in this case.
02. That the facts stated above are true and correct to the best of my knowledge and
belief.
Identified by Deponent 
Advocate