District North 24 Parganas

Before the Ld. District Judge at Barasat

Mat /2021

ANKITA DEY D/O Balaram Dey

aged about 31 years, presently

residing at C/O Milan Roy, 505

Swamiji Sarani, P.S. Laketown,

District North 24 Parganas, Kol –

700048

…Plaintiff

-VS-

SUMIT MANDAL S/O Susanta

Kumar Mandal aged about 32 years

residing at 19(15/A), Kalianibas

Main Road, P.O. Nona

Chandanpukur, Barrackpore, P.S.

Titagarh, District North 24

Parganas, Pin – 700122 personally

works for gain as Senior Sectional

Engineer at the office of Chief

Engineer South Eastern Railway

Head Quarter, Garden Reach,

Kolkata - 700043

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 …Defendant

An Application under Section 27 of

the Special Marriage Act

Most Respectfully Sheweth,

1. That both the parties to the suit Hindu by Religion and presently

the plaintiff is residing at the above-mentioned address i.e., at C/O

Milan Roy, 505 Swamiji Sarani, P.S. Laketown, District North 24

Parganas, Kol – 700048 which is well within the jurisdiction of this

Ld. Court.

2. That both the parties to the suit were studying in the same college

while they are pursuing their B. Tech. Degree and while they were

studying in the same college they have affection with each other

and thereafter with an intention to convert their love and affection

into the relationship of husband and wife they have applied for

registering their marriage under the Provision of Special Marriage

Act before the Marriage registrar Kasipati Chakraborty on

13.07.2012 and thereafter the said marriage was registered before

the said Marriage registrar on 14.08.2012 as per Special Marriage

Act, and a Certificate of Marriage was issued in favour of the said

parties to the suit bearing Certificate no. 146 of 2012 by the said

Marriage registrar Kasipati Chakraborty.

Xerox copy of the Certificate of Marriage bearing Certificate no. 146

of 2012 is filed herewith as annexure ‘A’.

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3. That as at the time of registration of the marriage the parents of

both the parties were not in support of the marriage, the parents of

the defendant were dread against to accept the plaintiff as their

daughter in law and to take her to the house of the plaintiff and

they were not even ready to recognize the said marriage between

the parties to the suit in front of the society, but as the parents of

the defendant are very greedy in nature they accepted the plaintiff

to take her to their house with a condition of dowry and after

taking the dowry of ₹ 2,00,000/- in cash from the father of the

plaintiff and various furniture worth ₹ 50,000 etc. the parents of

the Defendant have accepted the plaintiff as their daughter in law

and got ready for the social marriage between the parties to the

suit and the parents of the plaintiff without having no other

alternative but to save their prestige before the society they have to

accept the terms of the Defendant’s parents and gave the dowry

without any protest and on the said illegal work the Defendant at

that time has not said a single word as he was unemployed at that

time and going to pursue his M. Tech. at Jamshedpur.

4. That subsequently the social marriage was solemnized between the

parties to the suit on 27.02.2013 at the paternal house of the

Plaintiff J.C. 2/3, Ashwini Nagar, Baguiati, P.S. Baguiati, District

North 24 Parganas, Kolkata – 700059 which is well within the

jurisdiction of this Ld. Court.

5. That after the said marriage the Boubhaat Ceremony was arranged

in the house of the Defendant i.e., at 19(15/A), Kalianibas Main

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 Road, P.O. Nona Chandanpukur, Barrackpore, P.S. Titagarh,

District North 24 Parganas, Pin – 700122 and started living there

as husband and wife, which is well within the jurisdiction of this

Ld. Court.

6. That after the marriage the plaintiff also requested her husband to

get herself admitted in M. Tech. but as the parents of the

defendant were dread against the decision of the plaintiff the

defendant has also turned her ear about the desire of the plaintiff

to pursue the M. Tech. and as such the plaintiff has no other

option but to Give up here dreams of pursuing for M. Tech.

7. That soon after the marriage the plaintiff had to hear various

taunting words from their in laws regarding their dissatisfaction of

much lower dowry they got from her father’s house. And she often

have to hear that, “amader kopal kharap je tor moto meye

jutechhe!! nahole amar chheler jonyo emon rajkonya antam je

amader ghor bhoriye dito!!” and on such repeated taunting from

her in laws the plaintiff has got a huge mental agony from the first

days of her marriage.

8. That from February, 2013 the Defendant for the purpose of

pursuing his M. Tech. went to Jamshedpur and took the plaintiff

with him and started living therein and during these days

throughout the day the plaintiff used live along in the rented house

in Jamshedpur and therein their marriage has also got

consummated and in that year before the puja vacation the

plaintiff has got pregnant and soon after she got pregnant the

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 Defendant has taken the plaintiff straight to her fathers house as

her in laws has denied to maintain her during her pregnancy.

9. That the plaintiff from the month of September, 2013 stayed in her

paternal house wherein she got maintained by her parents, both

physically and financially, and during that period the defendant

and his parents have not taken any news from the plaintiff which

was also a reason of mental stress for the plaintiff at that period of

time. It is also pertinent to mention here that due to strange

reason the Defendant struck to his decision to admit the plaintiff

at Mother Teresa (Memorial) Care Home, situated at 36, B.T. Road,

Talpukur, Kolkata – 123, which far from the paternal house of the

plaintiff and despite of not having of the plaintiff and her parents

the defendant and his parents repeatedly stressed on admitting the

plaintiff in the said nursing home and the plaintiff was operated in

the said nursing home at the cost of the father of the plaintiff and

the said receipts are lying with the custody of the Defendant as he

stated to the father of the plaintiff that required those documents

for the purpose of obtaining the birth certificate.

10. That on 08.06.2014 a female child was born out of the wedlock of

the parties to the suit, whose name is SHRIYA MANDAL, and all

the expenses of the delivery of the said female child and medical

charges was bourn by the father of the plaintiff and after 10 to 11

days of the birth of the said female child the plaintiff had to do all

the household works and for that reason the plaintiff’s health

condition was getting deteriorated day by day and for that reason

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 the plaintiff with her baby had to went to her paternal house for

the maintenance of her baby on September, 14, 2014, and

subsequently the birth of the said Marriage was registered before

the Registrar of Birth and Death, Barrackpore Municipality on

29.10.2014.

Xerox copy of the Birth Certificate of SHRIYA MANDAL bearing

Registration Certificate no. WB_BR_2014/200006/1/2757 dated

29.10.2014 is filed herewith as annexure ‘B’.

11. Thereafter the plaintiff went back to her matrimonial house on

January, 15, 2014 and after the plaintiff went back to her

matrimonial house she has to maintain herself and the in laws

intentionally doesn’t provide proper food and nutrition to her as

they have bitterness on the plaintiff since from the first she came

to her matrimonial house and as a result of such hard and

stressful work the plaintiff stich in her belly has got swollen and

for the purpose of medication the plaintiff has to request further

her father to give her some money for the purpose of medication

and she has done the medication completely out of the expenses

she got from her father and as she was living in her matrimonial

house all the papers and documents is left there due to which the

plaintiff is unable to file the same before your hounor.

12. That as the all the expenses of the plaintiff and her daughter was

continuing to bourn by her parents, she requested the defendant

to arrange for some money every month for their future and by

hearing the same the defendant has got brutal to the plaintiff and

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 when the plaintiff have requested her in-laws to make their son

understand about the situation they have also stated the plaintiff

that if they maintain their granddaughter she can not live with her

and they will take the daughter of the plaintiff with them in their

room, but they denied to maintain the plaintiff and they

obnoxiously forced the plaintiff to bring more money from her

parents. And these behaviors and conducts of the Defendant and

his parents has brought more insecurity to the plaintiff and she

has undergone with mental pressure throughout those days.

Moreover several times the defendants has physically tortured the

plaintiff due to her demand of financial backup for her and their

child and the said physical tortures were used to be done in front

of their child when she was above one year old.

13. That subsequently the defendant and in laws of the plaintiff have

arranged a room in the ground floor in the matrimonial house of

the plaintiff for her separately wherein the plaintiff used to live

alone with her daughter, and even the defendant refused to live

with her in the said room and by this conduct plaintiff got a deep

mental trauma and/or agony for which she was unable to find any

solution and at a sudden point of time the father of the plaintiff

also unable to maintain her due to financial pressure on his

family, and these days the plaintiff had to live at the mercy of the

defendant and her in laws.

14. That continuing with the above mentioned physical and mental

torture from June, 2016 when the plaintiff has started finding a

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 job for her which was desperately needed for herself and her child,

the defendant and in laws of the plaintiff raised their level of

mental and physical torture upon the plaintiff and may a times the

mother in law of the plaintiff forcefully taken the daughter of the

plaintiff from her, and when she protest such kind of conduct, she

had to undergone with utmost physical torture of her husband i.e.,

the defendant and her father in law. And for such conduct the

plaintiff tried to complain before the local police authority but as

the father in law of the plaintiff was in the higher rank of

Government Railway Police all the time she got threat from them

and for the purpose of security of herself and her daughter the

plaintiff has never dare to proceed against her in laws or the

defendant.

15. That subsequently the defendant has to went for the training

purpose in many states, and during those days the plaintiff has to

completely depend upon her laws regarding the food and

medication for herself and her daughter and taking advantage of

this situation the father in law of the plaintiff used to do many

unnatural behavior with the plaintiff and many a time he used

enter into the room of the plaintiff when she used to feed her

daughter, and on such awkward situation when the plaintiff

request him to go out of the room he did not hear the same and

while on returning home the plaintiff complain the same to the

defendant, she used to bit her mercilessly. And due to such

distressed attitude of the in laws of the plaintiff and due to the

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 detreatment upon her the plaintiff had to suffer from ulcer on

those days.

16. That in the first quarter of 2017 the defendant got the first posting

at Jamshedpur, and this time the defendant, despite of request of

the plaintiff to take them with him, has not turned his ear to the

plaintiff and went to Jamshedpur in his first posting alone. And

literally refused to take the responsibility of the plaintiff and his

daughter and the defendant also refused to send a single penny for

his family.

17. That in the Month of May, 2017, plaintiff despite several atrocities

to her husband and in laws, started doing a job for the survival of

herself and her daughter wherein she used to got a salary of ₹

10000 per month.

18. That on first day of July, 2017, the in laws of the plaintiff refused

to let her enter into her matrimonial house and on several request

the father in law of the plaintiff forcefully taken her to her paternal

house and clearly said to the father of the plaintiff that we will

never take back your daughter to our house unless and until she

leave the job and after some days as the daughter of the plaintiff

was not able to live without her mother after some days the

defendant taken her daughter to the paternal house of the plaintiff

and said to the plaintiff and the father of the plaintiff that, unless

and until and plaintiff leave her job he will not let the plaintiff in

their house and by saying that the defendant and his parents has

clearly deserted the Plaintiff from her matrimonial house.

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19. That the plaintiff has also admitted her daughter in the month of

May, 2017 in the lower nursery in Calcutta Montessori House and

upper nursery at Calcutta Public School and these education

expenses has done by the plaintiff alone.

Xerox copy of bills issued by Calcutta Montessori House and

Calcutta Public School along with the money receipts are filed

herewith as annexure ‘C’ series.

20. That on such threat of the defendant and his parents and mother

of the plaintiff several times requested her to leave the job for the

satisfaction of her husband and in laws but the plaintiff refuse to

leave the same as she is well aware of the situation of her

matrimonial house and as the plaintiff was unable to comply with

the request of her mother, she has shown her inability to permit

the plaintiff and her daughter in their house due to diminishing of

their prestige in the society and the father of the plaintiff has to

nord his head with the decision of his wife.

21. That from April, 2018 the plaintiff has managed to take an

apartment on rent for herself and her daughter at C/O Milan Roy,

505, Swamiji Sarani, P.S. Laketown, District North 24 Parganas,

Kol – 700048, and she has to maintain herself and her daughter

along with giving rent of the apartment internet expenses etc.

amount to ₹4000 per month in total.

Xerox copy of the House rent and internet bill is filed herewith as

annexure ‘D’ series and ‘E’ series respectively.

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22. That during this period the daughter of the plaintiff has undergone

with an accident due to which her leg has got burnt and for that

the plaintiff have called the defendant to come and visit her

daughter but the defendant has never taken care of the plaintiff

and her daughter and for all the medication for herself and her

baby the plaintiff has face all the expenses alone.

Xerox copy of the prescriptions and medical expenses for plaintiff

and her daughter Shriya Mandal are filed herewith as Annexure ‘F’

series and ‘G’ series respectively.

23. That in the month of August, 2019, as the plaintiff has become

financially so week, she continued requesting the defendant to

take some responsibility of his daughter and to send some money

due to her need. But the defendant has stuck to his point to take

the custody of her daughter and at that time due to better future of

her child she gave her daughter in the custody of the defendant.

24. That thereafter they mutually decided to file a petition for divorce

on mutual consent and from the month of August, 2019 the

plaintiff has started conversation over email with the defendant

and as per the conversation the defendant have sent a draft copy

of petition for divorce on mutual consent to the Plaintiff but

subsequently defendant showing the various reasons finally denied

to file the said petition.

Xerox copy of the conversation of the parties to the suit through

email is filed herewith as annexure ‘H’

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25. That thereafter during the lockdown period the plaintiff has lost

her job and doing some part time job still now and somehow

managed to earned ₹4000 per month now a days whereas the

Defendant is posted as Senior Sectional Engineer in the office of

Chief Engineer, South Eastern Railway Head Quarter, Garden

Reach, Kolkata – 700043 and his grade pay is ₹4600 per month

and he is drawing a gross salary of ₹57000 to ₹60000 per month

and the father in law of the defendant is also in higher post of

Government Railway Police and thus the defendant does not have

to maintain their parents also. And on the other hand the plaintiff

has no independent income sufficient for her support and the

Xerox copy income certificate and service documents filed as Annexure ‘I’ series.
necessary expenses for herself and/or her future security and for

that your hounor may pleased to direct the defendant to secure the

life of the plaintiff and to pay maintenance permanently after the

disposal of the instant suit as prayed for.

26. That lastly on 08.01.2021 the Defendant refused to sign on the

petition praying for mutual divorce and also denied to accept the

plaintiff as his wife starting from 01.07.2017 at a stretch.

27. Thus having no other alternative the plaintiff have filed the instant

suit for getting a decree of divorce on the above mentioned ground

against the defendant inter alia.

28. That the cause of action arose on 14.08.2012 when the marriage

between the parties to the suit was registered and thereafter on

27.02.2013 when the social marriage between the parties to the

suit was solemnized and thereafter continues till 01.07.2017, the

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 defendant has completely deserted the plaintiff from her

matrimonial house and lastly on 08.01.2021 the Defendant

refused to sign on the petition praying for mutual divorce and also

denied to accept the plaintiff as his wife starting from 01.07.2021

at a stretch. And presently the plaintiff is residing at C/O Milan

Roy, 505 Swamiji Sarani, P.S. Laketown, District North 24

Parganas, Kol – 700048 and the marriage between the parties to

the suit was solemnized at the paternal house of the plaintiff i.e.,

at J.C. 2/3, Ashwini Nagar, Baguiati, P.S. Baguiati, District North

24 Parganas, Kolkata – 700059 and both of these address are

within the jurisdiction of this Ld. Court.

29. That instant petition is made bonafide and there was no

connivance or collusion or misrepresentation for filing the instant

suit.

30. That for the determination of pecuniary jurisdiction and court the

suit is valued at ₹100 and for that proper court has been filed

herewith.

Therefor the plaintiff prays for:-

(a) A Decree of Dissolution of marriage

between the parties to the suit which was

registered on 14.08.2012 and solemnized

on 27.02.2013 in favour of the plaintiff

against the defendant;

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 (b) A Decree of permanent alimony and

maintenance directing the Defendant to

pay an amount of ₹20,000 per month to

the plaintiff permanently as your hounor

may deem fit.

(c) Litigation cost of ₹50,000

(d) Cost;

(e) Any other relief/relieves as your hounor

may deem fit and proper.

Verification

I, ANKITA DEY D/O Balaram Dey aged about 31 years, presently

residing at C/O Biplab Mitra, 55 Swamiji Sarani, P.S. Laketown,
District North 24 Parganas, Kol – 700048, being the sole plaintiff of the
instant suit have gone through the above mentioned paras and
knowing the same true to best of my knowledge and belief signed this
verification on ________________.
Deponent

Affidavit

I, ANKITA DEY D/O Balaram Dey aged about 31 years, by faith Hindu,
by Occupation part time job, presently residing at C/O Milan Roy, 505,
Swamiji Sarani, P.S. Laketown, District North 24 Parganas, Kol –
700048, do hereby solemnly affirm as follows:-

1. That I am the sole plaintiff of the instant suit and well conversant of
the facts of this case. …this is true to best of my Knowledge.

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2. That the statements made in the above paras are true to best of my
Knowledge and belief and sign this affirdavit in the Barasat Court
premises on

Deponent,
Identified by me

Advocate

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