In The Court of Ld. Addl. Dist. Judge at Kalyani, Nadia.

Case NO. Mat Suit / / 2016

CHINMOY BISWAS (31)

S/O- Laxman Biswas
Address-Manasapotha, P.O- Shimurali,
P.S. Chakdaha, Dist- Nadia, W.B
…..Petitioner No.1/ Husband

AND

SUJATA BISWAS DAS (32)

W/O- Chinmoy Biswas
D/O- Laxmikanta Das
Address- Purbapara adi kashimpur,
Kashimpur, Duttapukur,
Dist- North 24 Parganas
…..Petitioner No.2/ Wife

Petition U/S 28 of the Special Marriage Act, 1954 for Decree of Divorce on Mutual
Consent.

The humble petition on behalf of the

Above named both petitioners.
Most respectfully sheweth:

1. That both the Petitioner No.1&2 husband-wife by birth and at the time of marriage
they are by faith Hindu, but both the petitioner no. 1&2 respectively having been
Registry Marriage under the Special Marriage Act 1954 on 05/03/2014. After that both
the parties, in presence of their own family members & relatives, respectively having
been married on Dt- 22/04/2014 in accordance with Hindu Rites & Customs at the
father’s house of the above named Petitioner No.2/Wife at Purbapara Adi Krshimpur,
Kashimpur Duttapukur, Dist-North 24 Parganas, W.B.
 2. That after the social marriage of Petitioner No.2/Wife with the Petitioner
No.1/Husband keeping the dream of happy conjugal life came to the house of the
petitioner No.1/Husband at Manashapotha, P.O- Shimurali P.S- Chakdaha, Dist-Nadia,
W.B, under the jurisdiction of the Ld. Court, where they started their Conjugal Life as
Husband-Wife and performed their marital obligation to each other and their said
marriage was duly conjugated.

3. That it is emphatically contended that soon after marriage owing to differences in

temperament, habit, tastes, thought & increasing in compatibility. The relationship
between the parties deteriorated. Frequent quarrels resulted in between them with
several reconciliations, but no adjustment which did not, however last for any length of
time and obviously both of them were of the opinion that it will be harmful and injurious
for them to live together under the same roof & shade. Finally they shared the similar
view that only the snapping of the marriage tie between them can be consolation in their
mind and their wound in to their mind, would be patched up by curtailing their relation as
Husband-Wife.

4. That further efforts and attempts were made by mutual friends and acquaintances
to effect a reconciliation and for a resumption of the marital relationship, but it has not
been possible owing to the vital differences in temperament and total incompatibility
giving rise to invincible repugnance which had rendered normal married life
impracticable and impossible and fraught dangerous adverse physical and mental
consequences.

5. That it may be added that both the Parties tied utmost to make suitable
adjustment among themselves and restore peaceful Conjugal Life, but their all efforts
ended in smoke and their relation became gradually better and stained and finally it
came to such stage or extreme point that living together in the same place would likely
to destroy any moment of their life ultimately keeping such view in mind that they would
dissolve their marriage tie by mutual consent and the Parties last lived and cohabited at
the house of the Petitioner No.1. for of her own accord and out of the free will broke the
matrimonial home and withdrew herself from the society of the Petitioner No.1/ Husband
with all her personal belonging went to her father’s house at. Purbapara Adi Kashimpur,
Kashimpur Duttapukur, Dist- North 24 Parganas, W.B on dt. 20/12/2014 and the parties
are living separately from each other on and from on 20/12/2014 for more than. It is
pertinent to mentioned here that they are living separately in the aforesaid manner from
the said date entirely giving up all relation as husband & wife and it has been mutually
agreed between the parties of the present suit.

6. That both the Petitioners lastly resided as Husband & Wife at Manashapotha,
P.O- Shimurali P.S.- Chakdaha, Dist-Nadia, W.B within the jurisdiction of the Ld. Court.

7. That the cause of action arose in the suit on & from on Dt-20/12/2014, when the
parties with a view to dissolving their marriage tie by mutual consent started to live
separately.

8. That for the purpose of jurisdiction & court fees the suit has been valued at
Rs.100/- and the parties filed the suit on paying fix court fees as required under the law.

9. That above petition is bonafide and not presented in collusive between the
parties.

Under the above circumstances the

above named both the Petitioners pray
as follows:

a. That marriage between both the

Petitioners under Special
Marriage Act 1954 on Dt-
05/03/2014 be dissolved by
Mutual Consent under the
provision of Section 28 of the
Special Marriage Act,1954.
b. And pass such order/orders
which the Ld. Court deem fit and
proper.

And for this act kindness, your petitioner, as in duly bound and shall ever pray.
 VERIFICATION

I, SUJATA BISWAS (DAS), wife of Chinmoy Biswas, daughter of

Laxmikanta Das, am the Petitioner NO.02 of the instant suit & well conversant with facts
& circumstances mentioned in paragraphs and also I signed this verification at my
Advocate’s chamber on ___ day of August, 2016.

____________________________

Signature of the Petitioner NO.02

AFFIDAVIT

I, SUJATA BISWAS (DAS), wife of Chinmoy Biswas, daughter of Laxmikanta

Das, aged about 32 years, by occupation House-hold Work, by faith Hindu, residing at
Purbapara, Adi kashimpur, Kashimpur, Duttapukur, Dist- 24 Pgs (North), W.B., do here
by solemnly affirm and declare as follows :-

1. That I am the Petitioner NO.02/Wife of this suit and competent to conversant

with the facts & circumstances of the case.

2. That I am the citizen of India, West Bengal.

3. That the foregoing paragraphs Nos. 01 to 08 are my humble submissions and

rest of my humble prayer are true to my knowledge & belief.

That the above statements are true to the best of my knowledge & belief.
 VERIFICATION

I, CHINMOY BISWAS, son of Laxman Biswas, am the Petitioner NO.01 of

the instant suit & well conversant with facts & circumstances mentioned in paragraphs
and also I signed this verification at my Advocate’s chamber on ___ day of August,
2016.

____________________________

Signature of the Petitioner NO.01

AFFIDAVIT

I, CHINMOY BISWAS, son of Laxman Biswas, aged about 31 years, by

occupation Business, by faith Hindu, residing at Manashapotha, P.O.- Shimurali, P.S.-
Chakdaha, Dist- Nadia, W.B., do here by solemnly affirm and declare as follows :-

1. That I am the Petitioner NO.01/Husband of this suit and competent to

conversant with the facts & circumstances of the case.

2. That I am the citizen of India, West Bengal.

3. That the foregoing paragraphs Nos. 01 to 08 are my humble submissions and

rest of my humble prayer are true to my knowledge & belief.

That the above statements are true to the best of my knowledge & belief.