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DISTRICT : SOUTH 24 PARGANAS

IN THE COURT OF THE LD. DISTRICT JUDGE AT ALIPORE

MATRIMONIAL. SUIT NO OF 2023

IN THE MATTER OF :

An application for dissolution of marriage on

mutual consent under Section 28 of the Special
Marriage Act, 1954;

A N D

IN THE MATTER OF :

Shri. Abishek Shaw, son of Shiv Shankar

Shaw, presently residing at 2T, B. D. 1st Lane
Tiljala, Kolkata -700039, Post Office and Police
Station – Tiljala, Kolkata – 700053, District –
South 24 Parganas.

………petitioner no.1/ Husband

AND

SMT. RENU DAS SHAW, daughter of Sri

Dipak Das, residing at 145 D, Swin Hoe Lane
kasba, Kolkata - 42, Post Office and Police
Station – - Kasba, District – South 24
Parganas

……. petitioner no.2/ Wife

The humble joint petition/application on behalf

of the petitioners named above;

Most respectfully sheweth :-

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1. That the parties to the proceeding are Hindus by religion and are
Citizens of India.

2. That the marriage between the parties herein was registered on

16.08.2018, under the Special Marriage Act before the marriage
registrar.

A photo copy of the marriage certificate is annexed hereto and marked as

Annexure “A”.

3. That on 03.10.2018 your petitioner no.1 was duly married with the
petitioner no.2 according to Hindu rites and customs.

4. That immediately after the said marriage the Petitioner No.1 and 2
started living together as husband and wife at the residence of the First
Party and the marriage was duly consummated.

5. The parties ever since the marriage did not adjust with each other being
of different tastes habits, ideas, and bearing and so being completely
different nature and temperament and could never adjust themselves,
but they remained silent in anticipation of improvement; but as time
passed situation became from worse to worst and both the petitioners
failed to adjust with each other due to different tastes habits, ideas and
being completely different in nature and temperament and so they had
no love for each other and they are not going to reconcile between them
in future also. Both the parties broke their marital knot and started to
live separately from 04.12.2020 wherein the Petitioner no. 2 left the
matrimonial home for the first and last time. Petitioner 2 had already
taken all stridhan and belongings with her and started to live in Kolkata,
the address of which is mentioned above. The Petitioner no. 2 has and
will have no claim of maintenance and /or alimony from the Petitioner
no1.

6. That there is no issue out of the said marital wed lock.

7. It is hereby agreed and declared by and between the petitioners that in

future neither of the petitioners shall have any right and/or claim over
the person and property of each other in future.
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8. The petitioners state that agreement/decision of dissolution of marriage

arrived at between the parties on their free will and consent and is free
from fraud and coercion.

9. That the marriage between the parties has broken down irretrievably and
as such the parties have decided that the said marriage be dissolved by a
Decree of Divorce on mutual consent.

10. That there is no chance of continuation of the conjugal relationship

between the parties and they are living separately from each other for
more than one year.

11. That there is no collusion and/or connivance between the parties in

presenting this instant application for a decree of divorce by mutual
consent before the Learned Court.

12. That there is no unnecessary delay in filling this application.

13. That the cause of action of this suit arose on 04.12.2020, when the
Petitioner no. 2 left the matrimonial home. Presently the petitioner no1 is
residing at 2T, B. D. 1st Lane Tiljala, Kolkata -700039 , Post Office and
Police Station – Tiljala, Kolkata – 700053, District – South 24 Parganas,
West Bengal within the jurisdiction of this Learned Court, and the said
cause of action is still subsisting.

14. For the purpose of Court Fees a fixed Court Fees of Rs.100/- is paid and
the petitioners undertake to pay further Court fees, if so required.

15. That this petition is made bonafide and for the ends of justice.

In the above circumstances the petitioners

most humbly pray that Your Honour
would be graciously pleased to pass:-

a) A Decree dissolving the marriage

between the petitioner no. 1 and 2
solemnized on 16.08.2018 according
to the Special Marriage Act, 1954 on
mutual consent;
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A N D
b) Pass such further and/or other
order or orders as Your Honor may
deem fit and proper.

And for this act of kindness your petitioners as in duty bound shall ever pray.

VERIFICATION

I, Shri. Abishek Shaw, the petitioner no.1 herein, do hereby declare and
state that the statements made above are all true to the best of my knowledge
and belief and I sign this verification on this the ….. Day of ............ 2023 at
Court premises.

Prepared in my office.

Advocate

DEPONENT
Identified by me

Advocate

VERIFICATION

I, SRI GOUTAM DAS, the petitioner no.2 herein, do hereby declare and
state that the statements made above are all true to the best of my knowledge
and belief and I sign this verification on this the …… Day of ............ 2023 at
Court premises.

Prepared in my office.

Advocate

DEPONENT
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Identified by me

Advocate
AFFIDAVIT

I, Shri. Abishek Shaw, son of Shiv Shankar Shaw, presently residing at 2T, B.
D. 1st Lane Tiljala, Kolkata -700039, Post Office and Police Station – Tiljala,
Kolkata – 700053, District – South 24 Parganas, West Bengal do hereby
solemnly affirm and state as follows :-

1. That I am the petitioner no. 1 abovenamed and looking after the case
and as such I am well conversant with the facts and circumstances of
this case.
2. That the statements contained in paragraphs No. 1 to 15 are true to
my knowledge and the rests including the prayer and the verification
hereinabove are my humble submissions before this Learned Court.

Prepared in my Office Deponent is known and identified by me

Advocate Advocate
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AFFIDAVIT

I SMT. RENU DAS SHAW, daughter of Sri Dipak Das, residing at 145 D, Swin
Hoe Lane kasba, Kolkata - 42, Post Office and Police Station – Kasba, District –
South 24 Parganas, do hereby solemnly affirm and state as follows :-

1. That I am the petitioner no. 2 abovenamed and looking after the case
and as such I am well conversant with the facts and circumstances of
this case.
2. That the statements contained in paragraphs No. 1 to 15 are true to
my knowledge and the rests including the prayer and the verification
hereinabove are my humble submissions before this Learned Court.

Prepared in my Office Deponent is known and identified by me

Advocate Advocate