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DISTRICT – NORTH 24-PARGANAS
IN THE COURT OF THE LEARNED ADDITIONAL DISTRICT &
SESSIONS JUDGE AT BARRACKPORE
Ref:- Mat Suit No.___________/2023
In the matter of :-
An application for dissolution of
marriage by a decree of Divorce on
Mutual consent under Section 28 of
Special Marriage Act, 1954.
AND
In the matter of :-
SMT. DEBASMITA BHATTACHARJEE
Wife of Sri Anindya Chatterjee,
Daughter of Sri Subhashis Bhattacharya,
Residing at Dharsa Pally Mangal Samity
Club, near Kalpar Old Jagacha Road,
near Ramrajatola Station Road, P.S.-
Jagacha, Howrah- 711112.
……Petitioner No.1/Wife.
AND
SRI ANINDYA CHATTERJEE,
Son of Late Amit Chatterjee,
Residing at Rahara Bazar, near Khardah
Station Road, Arobinda Arena Block B,
Room No.4, Old Calcutta Road, P.O. &
P.S.- Rahara, District – North 24-
Parganas, Kolkata – 700118.
……..Petitioner No.2/ Husband.
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The Humble Petition on behalf of the
above named petitioners
MOST RESPECTFULLY SHEWETH–
1. That both the petitioners are citizens of India by birth,
belonging to Hindu religion and having their permanent
residence as per the addresses furnished in the cause title
above.
2. That the marriage between the petitioners was registered
on 10.11.2019 as per Special Marriage Act, 1954 at the
house of petitioner no.2/ husband i.e. Rahara Bazar, near
Khardah Station Road, Arobinda Arena Block B, Room No.4,
Old Calcutta Road, P.O. & P.S.- Rahara, District – North 24-
Parganas, Kolkata – 700118 and subsequently one social
ceremony was organized on 30.11.2020 at Anandanagar
Path, Anandanagar 2nd By Lane, House no.- 65, Sabitri
Bhawan, Guwahati, Assam, Pin-781034, near to Café
Tenzo according to Hindu Rites and Customs.
Photocopy of the Marriage Certificate (No–
WB3410010001020000289-2019-77556) is annexed
hereto. Photographs of the parties, their respective Aadhaar
Cards are also filed herewith.
3. That after the marriage, both the petitioners started to lead
their conjugal life peacefully at Rahara Bazar, near
Khardah Station Road, Arobinda Arena Block B, Room
No.4, Old Calcutta Road, P.O. & P.S.- Rahara, District –
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North 24-Parganas, Kolkata – 700118 i.e. at the house of
Petitioner No.2/Husband.
4. That the marriage between the petitioners was duly
consummated but out of the said wedlock no issue was
born.
5. That after the marriage, the petitioner’s conjugal life
became unpleasant, strainful due to differences in their
thoughts, opinions, cultures, tastes, temperaments, habits
and likeness, as a result, quarrels started between the
petitioners. The marital life of the petitioners became so
strainful day to day that it became impossible for them to
live under one roof.
6. That both the petitioners as well as their friends and
relatives tried their level best to adjust their unfortunate
differences – but both of them failed to restore their marital
relation and they have not been able to live together under
the same roof and have been living separately since
20.01.2021
7. That both the petitioners lastly resided together as
husband and wife at the house of Petitioner No.2/Husband
i.e. at Rahara Bazar, near Khardah Station Road, Arobinda
Arena Block B, Room No.4, Old Calcutta Road, P.O. & P.S.-
Rahara, District – North 24-Parganas, Kolkata – 700118,
which is within the jurisdiction of Your Honour’s Court.
8. That since 20.01.2021 the Petitioner No. 1/Wife has
started residing at her parental house at Dharsa Pally
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Mangal Samity Club, near Kalpar Old Jagacha Road, near
Ramrajatola Station Road, P.S.- Jagacha, Howrah- 711112,
and the Petitioner No. 2/Husband is residing at Rahara
Bazar, near Khardah Station Road, Arobinda Arena Block
B, Room No.4, Old Calcutta Road, P.O. & P.S.- Rahara,
District – North 24-Parganas, Kolkata – 700118.
9. That common relatives, friends and well-wishers of both
the petitioners tried their best for reconciliation of their
matters/dispute but to no effect till date and that the
petitioners have come to the conclusion that there is no
possibility of restoration of conjugal life between them at
any point of time in future.
10. That due to aforesaid reason there is no chance of
reconciliation and re-union between the petitioners and as
such they have mutually agreed to dissolve their marital tie
for their own interest.
11. That the instant petition has not been prepared in
collusion or connivance between the petitioners and none
of the petitioners shall put any further claims or demands
against each other in future.
12. That both the petitioners in this suit have voluntarily
signed in this petition with a view to dissolve the marriage
by a decree of divorce on mutual consent without any
undue influence, coercion or any other illegal means.
13. That the cause of action of the instant suit firstly arose on
10.11.2019 when the marriage was registered as per
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Special Marriage Act, 1954 and subsequently the social
ceremony was organized on 30.11.2020 at Anandanagar
Path, Anandanagar 2nd By Lane, House no.- 65, Sabitri
Bhawan, Guwahati, Assam, Pin-781034, near to Café
Tenzo according to Hindu Rites and Customs and
thereafter on 20.01.2021 when both the Petitioners started
living separately at their respective addresses as above
mentioned.
14. That there is no reason as to why the prayer of the
petitioners shall not be granted.
15. That the proper court fee of Rs. 100/- is affixed herewith.
16. That the petition is made bonafide and for the ends of
justice.
The Petitioners therefore pray for the
following:
a. Dissolution of the marriage dated
10.11.2019 by a decree of Divorce on
mutual consent in terms of the
provisions of Section 28 of the
Special Marriage Act, 1954.
b. Any other relief or reliefs to which the
parties are entitled to;
c. Such other order or orders, direction
or directions as Your Honour may
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deem fit and proper for the ends of
justice;
And for this Act of kindness, your petitioners as in duty bound
shall ever pray.
VERIFICATION
I, SMT. DEBASMITA BHATTACHARJEE, Wife of Sri Anindya
Chatterjee, Daughter of Sri Subhashis Bhattacharya, do hereby
declare that the statements made above are true to the best of my
knowledge, belief and information and I put my Signature upon this
verification at Barrackpore Court premises on _____ day of ,
2023.
……………............................................
(Signature of the Petitioner No.1/Wife)
VERIFICATION
I, SRI ANINDYA CHATTERJEE, Son of Late Amit Chatterjee, do
hereby declare that the statements made above are true to the
best of my knowledge, belief and information and I put my
Signature upon this verification at Barrackpore Court premises
on _____ day of , 2023.
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……...............................................................
(Signature of the Petitioner No.2/Husband)
AFFIDAVIT
I, SMT. DEBASMITA BHATTACHARJEE, Wife of Sri Anindya
Chatterjee, Daughter of Sri Subhashis Bhattacharya, aged about 30
years, by faith – Hindu, by nationality- Indian, by occupation-
Sevice, residing at Dharsa Pally Mangal Samity Club, near Kalpar
Old Jagacha Road, near Ramrajatola Station Road, P.S.- Jagacha,
Howrah- 711112, do hereby solemnly affirm and declare as
follows:-
1) That I am the petitioner No (1)/Wife of this instant suit and
I am fully conversant of the facts of the petition.
2) That the contents of the petition are all true to my
knowledge, belief and information and rest are my humble
submission before Ld. Court.
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…..................................................
(Deponent/Petitioner No.1/Wife)
Identified by me
(Advocate)
AFFIDAVIT
I, SRI ANINDYA CHATTERJEE, Son of Late Amit
Chatterjee, aged about 33 years, by faith – Hindu, by nationality-
Indian, residing at Rahara Bazar, near Khardah Station Road,
Arobinda Arena Block B, Room No.4, Old Calcutta Road, P.O. &
P.S.- Rahara, District – North 24-Parganas, Kolkata – 700118,
do hereby solemnly affirm and declare as follows:-
1) That I am the petitioner No (2)/Husband of this instant suit
and I am fully conversant of the facts of the petition.
2) That the contents of the petition are all true to my
knowledge, belief and information and rest are my humble
submission before Ld. Court.
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.................................................
(Deponent/ Petitioner No.2/Husband)
Identified by me,
(Advocate)
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