In the Court of Principal Judge, Family Court at Jamshedpur

Original Suit No. /2021

Mukesh Sharma, S/o Sri Keval Chand Sharma, aged about 35 years, by

faith – Hindu, Occupation -, Nationality – Indian, Permanent & Present

Address:- Resident Flat No. 418, Prakruthi Aroma, Halgadeva Rahalli, R.R.

Nagar, P.O. and P.S. R.R. Nagar,District- Bangalore, Karnatka-560098.

M. No. +91-9535953909 PETITIONER NO. 1

Vs.

Neha Jha, W/o Sri Mukesh Sharma, D/o Lt. Pankaj Kumar Jha, aged about

29 years, Occupation -, by faith – Hindu, Present residing at Saraswati Nagar,

Tuiladungri, Golmuri, P.O. and P.S. Golmuri, Town Jamshedpur,

District- East Singhbhum, Jharkhand-831003

M. No. +91- 9071974052 PETITIONER NO. 2

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PETITION U/S 28 OF THE SPECIAL MARRIAGE ACT, 1954 -: Divorce by
mutual consent-

(1) Subject to the provisions of this Act and to the rules made thereunder, a
petition for divorce may be presented to the district court by both the parties
together on the ground that they have been living separately for a period of
one year or more, that they have not been able to live together and that they
have mutually agreed that the marriage should be dissolved.

(2) 1[On the motion of both the parties made not earlier than six months after
the date of the presentation of the petition referred to in sub-section (1) and
not later than eighteen months] after the said date, if the petition is not
withdrawn in the meantime, the district court shall, on being satisfied, after
hearing the parties and after making such inquiry as it thinks fit, that a
marriage has been solemnized under this Act, and that the averments in the
petition are true, pass a decree declaring the marriage to be dissolved with
effect from the date of the decree.

The petitioners above named beg to submit as under:

1. That the Petitioner no. 1 and the Petitioner no. 2 are legally
married couple and their marriage was solemnized on 01.12.2019
at Jamshedpur, within the jurisdiction of this Hon’ble court.

2. That no other suit on the same cause of action has ever been filed
by the petitioners in this court or any other courts in India.

3. That the said marriage was solemnized according to Hindu Vedic

rites and rituals. Both the petitioners are Hindu by birth and they
are continued to be so.

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4. That the above marriage was an arranged marriage which was
initiated by the parents of both the petitioners.

5. That after solemnization of marriage, on 01.12.2019 the Petitioner

no. 2 accompanied her husband/ Petitioner no. 1 to her
matrimonial house at R.No- 419, Prakruthi Aroma, Halgadeva
Rahalli , R.R Nagar , P.O and P.S –R.R Nagar District- Bangalore to
lead a happy conjugal marital life and they started living there as
husband and wife. Thus the marriage between the petitioners has
been duly consummated.

6. That the marriage between the petitioner and opposite party was
consummated and the Petitioner and the Opposite Party continued
peaceful conjugal for about a period of four months (Feb 2020 to
May 2020).

7. That it is stated and submitted that thereafter due to the death of

the father of the Opposite Party, the Opposite Party accompanied
by the Petitioner went to Jamshedpur on 28.05.2020, after,
performing all the rituals the Petitioner returned to Bangalore on
15.06.2020 but the Opposite Party never returned from
Jamshedpur to Bangalore

8. That it is stated and submitted that the Opposite Party returned to

Bangalore in January, 2021 but did not come over to the
Petitioner’s house but chose to stay with her friends and only on
05.02.2021 she came to the Petitioner’s house to take her

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 belongings which was duly reported by the Petitioner to the
concerned police station.

9. That it is pertinent to point out at this juncture that the Opposite

Party had already lodged a complaint against the Petitioner and
family members with the Bangalore police which was registered as
Non Cognizable Petition No. 79/1355/2021 alleging domestic
violence and dowry demand.

10. That it is stated and submitted that the Opposite Party apart from
above also lodged a Complaint Case being Complaint Case No.
2209/2021 dated 24.08.2021 before the Learned Chief Judicial
Magistrate, Jamshedpur and vide order dated 27.08.2021 the
complaint of the Opposite Party was sent for registration of FIR in
terms of Section 156(3) Cr.P.C which was registered as Golmuri
P.S. Case No. 136/2021 under sections
498A/323/406/420/506/34 of IPC which is still pending against
the Petitioner and his family members.

11. That it is stated and submitted that in view of the above-

mentioned facts and circumstances and owing to irreconcilable
differences, both parties have decided to legally part ways through
filing this Divorce petition, as there are no further chances of
reconciliation.

12. That it is stated and submitted that the Opposite Party also hereby
undertakes to give a formal application before the Investigating
Officer in Golmuri P.S. Case No. 136/2021 stating therein that she
does not want to proceed with criminal case lodged by her and all
investigations against the Petitioner and his family members be
stopped and such application shall also be given by the Opposite

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 Party before the concerned Court being Learned Judicial
Magistrate 1st Class, Jamshedpur.

13. That it was decided that neither any of petitioners will interfere in
each other’s lives nor shall they lay any claim on any account in
any manner to each other.

14. That there will be no grievance, no claim, no demand from each

other and also they got agreed not to file any civil case/criminal
case against each other on similar grounds, in the course of future.

15. That the both the Petitioners have agreed to co-operate with each
other for early disposal of the said suit by getting their
unsuccessful marriage dissolved by a decree of dissolution of
marriage on mutual consent of this suit.

16. That the petitioners have agreed not to interfere with the family
and personal life of each other and shall not act in any such
manner which may have prejudice against their family and social
life.
17. That the petitioners have agreed and assured to each other that
they will not back out or violate any of the aforesaid agreed terms
and conditions in any circumstances as stipulated in this joint
petition and in case of default of or violation by any of the
petitioner, aggrieved Petitioner shall be at liberty to prosecute
against the other.
18. That the Petitioners have agreed to bear their own cost of
litigation.

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19. That it is further stated and submitted that the Petitioner and the
Opposite Party are living separately since 28.05.2020 and there
has been no cohabitation since then.
20. That for the interest of justice and keeping in view of the
submission made above, it is therefore necessary to dissolve the
marriage solemnized between the petitioners on 01.12.2019 by
decree of divorce by mutual consent.
21. That the petitioners therefore pray for the following reliefs:-

I. For a decree of dissolution of marriage solemnized on

01.12.2019 between the parties on mutual consent.
II. For any other relief or reliefs to which the parties may
found entitled under the law and equity.

VERIFICATION

This is to be verified that no matrimonial suit on the basis of

same cause of action has ever been filed by either petitioner
prior to this suit either in this court or elsewhere.

Advocate

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