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BEFORE THE LEARNED JUDGE, FAMILY COURT, EAST SIKKIM AT

GANGTOK

FAMILY COURT CASE NO. OF 2020

Smt. Priyanka Baraily,

W/O. Shri Diwaker Gurung,
Age about 26 years,
R/O. Chanatar, Rangpo,
P.O & P.S Rangpo. …..…….Petitioner

VERSUS

Shri Diwaker Gurung,

S/o Saren Gurung,
R/o Rongmook,Ceder Tea Garden,
P.O & P.S Sonada,
District Darjeeling,
West Bengal.
……….Respondent/Opposite Party
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Petition for Divorce Under Section 13(1) (i-a) of the Hindu Marriage Act,
1955.
The humble petition of the Petitioner named
above MOST RESPECTFULLY SHEWETH:-
1. That the Petitioner is the legally wedded wife of the Respondent
named above and they were married on 14.10.2014 and started
living together as husband and wife at Chanatar, Rangpo, East
Sikkim.

2. That out of the said wedlock, one daughter namely Aaroshi Gurung
was born, aged about 8 years, studying in class 2 (two) at Evana
Memorial Convent School, Mamring South Sikkim.

3. That the Petitioner was very young when she eloped with the
Respondent, then they started residing together at Chanatar,
Rangpo, East Sikkim as the respondent was working in Alkem
Pharmaceutical Co. as an Operator. He started abusing the
Petitioner Physically and mentally started treating her with cruelty
without any rhyme or reason. The respondent neither gave any
money to petitioner for cost of living nor he brought any ration at
home, all the household expenses borne by the petitioner. The
petitioner could not go back to her parental home as her parents
were fully annoyed of her having married a person who did not have
a proper background.
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4. That in 2017 petitioner asked some amount of money for School

admission of their daughter Aaroshi but the Respondent did not pay
a single penny, as the respondent said he had no money then after
all the School expenses paid by the petitioner herself with the help
of her paternal father. Gradually the behavior of the Respondent
changed a lot.

5. That during 2018 the respondent left the job in Alkem

Pharmaceutical Co. and petitioner several time told not to leave the
job as our daughter is also going School and how we manage all
the expenses, but the respondent refused to join the job. So the
petitioner herself started doing job in Zydus Pharmacutical Co and
all the expenses incurred by the petitioner including rent, monthly
ration, daughter’s School fee etc. The respondent stayed at home
for a year without earning a single Rupee. Somehow, the petitioner
herself managed all the expenses. Sometimes petitioner used to tell
her father for School Fee of her daughter. The petitioner one day
told to do any kind of job how long will you stay in home? It is very
hard to manage all in a single salary but the respondent did not
response her.

6. That during later, 2019 the Respondent joined his duty in same
Alkem Pharmacutucal co. but he did not buy any ration nor he paid
house rent and daughter’s school fee. The respondent did not refill
the LPG cylinder but he cooked his food for himself only. The
petitioner cooked for all but respondent did not take food being
cooked by the petitioner. Being three members in family but
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separate way of eating made more distresses to the petitioner and it

was huge problems to manage all expenditure and to attend social
activities. Then petitioner joined a new job in Brativia Acadamy
School Jolungey South Sikkim.

7. The respondent started to drink alcohol and used to come late

night. The respondent started talking in mobile phone with someone
else whole night. The petitioner told not to speak inside the room
because it disturbed me and my daughter without sound sleep it’s
being difficult to do duty next day but he ignored the petitioner.

8. That in the month of August 2018 the petitioner planned to go in

laws home Rongmook, Sonada for a week but the respondent
denied to go showing the reason of having no casual leave at
Pharma co. and the petitioner decided to go with her daughter. As
the respondent did not called for a week nor he asked about
daughter. Thereafter the petitioner came back to Rangpo. After few
days back neighbor said one girl came and stay for three days. And
same evening petitioner asked the respondent who came here at
our home during my absence and he directly said my girl friend who
was working with me in same Pharma co. As the respondent told
that they had an affair since long time back. The respondent and
the petitioner had a quarrelsome for the whole night.

9. That after few days later, the respondent did not come back to
home as petitioner searched around but she did not find and
petitioner filed a FIR in Rangpo Police Station and Petitioner called
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to her parents in Police station. Next day the respondent came and
appeared in the Police Station and written a apology letter
promising that he shall not repeat this act and will look after the
petitioner and her daughter. After few months he started showing
his behavior as before, the respondent said he did not want to stay
with petitioner and his mother also did not allow staying with the
petitioner. The respondent further stated that he did not want to be
in relation.

10. That on 03.01.2020 that respondent came from duty and he was
talking in mobile phone with someone else and the petitioner said
meal is ready but the respondent denied to take dinner and the
respondent said I don’t want to stay with you and the petitioner
called her parents. The respondent said to parents he did not want
to stay with petitioner and the parents tried to settle the disputes
saying that you are the guardian of this house and your daughter is
going School but the respondent refused to hear what the father in-
law said. And the respondent wrote in a paper in front of petitioner
parents that he wanted divorce with petitioner and offered Rs 5000/-
(Five thousand) only per month as daughter’s School fee and
maintenance. Copy is annexed herewith.

11. That the respondent went from the home same night and stayed
with his another girl at mamring South Sikkim. The respondent
came back home again on 5th Jan 2020 at evening and took his
utensils, Refrigerator, Television, blankets which was bought by
himself.
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12. That the respondent himself wrote that he would pay Rs 5000/-
( Rupees five thousand) monthly but he failed to give full amount.
The details of money received are as follows:

March - Rs 4000/-
April - Rs 3000/-
May -Rs 3000/-
June Rs 2000/-
July Rs 2000/-

13. The respondent paid the said amount in 2020 then after he did not
give a single rupee to the petitioner and he did not called to his
daughter also. Every expenditure including house rents, daughter
school fee, medical expenditure, attending of social function and
many more obligations borne by the petitioner herself.

14. That due to the inhuman behavior of the Respondent, the Petitioner
is no more interested to live with the Respondent any longer and
she want a divorce with the respondent and start a new life.

15. That the parties above named resided together as husband and
wife at Chanatar Rangpo, East Sikkim and as such, this Hon’ble
Court has got the jurisdiction to try and entertain this divorce
petition.
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16. That no collusion or connivance exists between the Petitioner and

the Respondent for the purpose of obtaining a decree for
dissolution of marriage or for any other purpose.

17. That the cause of action first arose on 14 th Oct 2014, when the
parties got married and started living together as husband and wife
at Chanatar, Rangpo, East Sikkim. The cause of action arose again
when the Respondent physically and mentally started abusing the
Petitioner. The cause of action arose again in the year 2019 to such
an extent that the respondent started cooking food separately for
himself, that cause of action arose when the respondent having
relationship with another lady and cause of action when he left the
house and still continuing till date.

Under the facts and circumstances as stated above, the

Petitioner most humbly prays for the following reliefs:-

A) A decree for dissolution of marriage/ divorce in favor of the petitioner.

B) Any other relief or reliefs which this Hon’ble Court may deem fit and
proper.

And for which act of kindness, the Petitioner as in duty bound shall
ever pray.

PETITIONER
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VERIFICATION

I, Priyanka Baraily, daughter of Shri Rupal Baraily, resident of

Chanatar Rangpo, East Sikkim, the Petitioner in the instant case, do
hereby verify and state that the statements made in paragraphs 1 to 17
of the instant petition are true to the best if my knowledge and belief
and the rest are my respectful submission before this Hon’ble Court.

And I have signed this verification on this the ___ day of July,
2022 at Gangtok, East Sikkim.

PETITIONER
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BEFORE THE LD.JUDGE, FAMILY COURT, EAST SIKKIM AT GANGTOK

Family Court Case No._____ of 2022

Smt. Priyanka Baraily -------- Petitioner

:Versus:

Shri Dewakar Gurung --------Respondent

AFFIDAVIT

I, Smt. Priyanka Baraily, daughter of Shri Rupal Baraily, aged about 27

years, by faith Hindu, resident of Chanatar Rangpo, East Sikkim do hereby
solemnly affirm and declare on oath as under :-

1. That I am the petitioner in the instant petition for divorce.

2. That I am well conversant with the facts and circumstances of this case
and competent to swear this affidavit.

3. That the statements made in paragraphs 1 to 17 of the instant petition

are true to the best of my knowledge and belief and the rests are my
respectful submission before this Hon’ble Court.
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That the statements made hereinabove are true to the best of my

knowledge and belief and nothing has been concealed there from.

And I have signed and verified this affidavit on this the ___ day of
July, 2022 at Gangtok, East Sikkim.

IDENTIFIED BY DEPONENT