IN,

THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,

AT JAMSHEDPUR.

ORIGINAL SUIT (M.T.S). N O. ……….. OF 2023

Smt.Sangita Sahu @ Sangita Kumari, W/O. Kanhu Sahu, D/O:

Prahlad Kumar Shaw,

R/…………………………………………….

……………………. … Plaintiff no.1.

AND

Kanhu Sahu, S/O: Manmath Kumar Sahu, R/O: Ward No.10,

Amladuba, P.S and P.S: Rairangpur, District: Mayurnbhanj,

Odisha, at present R/O: Qtr No.C/26/3, Anumala Township, NPC

Ltd, PO and PS: Kokrapar, District: Tapi, Gujarat.

….Plaintiff no.2.

Humble Petition Under Section 13-B of

Hindu Marriage of Act.

1. That this Humble petition is filed on behalf of both the Plaintiffs

for a decree of divorce with mutual consent for dissolving the

marriage between the parties.

2. That the marriage between the Plaintiff no.1 and the Plaintiff no.2

was solemnized on 24.01.15, under the Hindu Marriage Act.

3. That the marriage was solemnized between the Plaintiffs with their

willful satisfaction and it was an arranged marriage by both the

parents.

4. That Plaintiffs lived as Husband and wife from the day of marriage

till 05.09.2019.

5. That one daughter was born on 31.09.2017 out of the said wedlock,

and the plaintiffs named their daughter as Kheeranshi Sahu.

6. That the marriage between the Plaintiffs was peaceful until 2019

but gradually both the plaintiffs developed differences in

temperament, habits, taste, thought and incompatibility between

them and the marital relation between the parties deteriorated.

7. That though since January 2015 to September 2019, the plaintiffs

lived as husband and wife but in the last few years, things went

beyond control of the Plaintiffs.

8. That Plaintiff no.1 had instituted a criminal Complaint case against

the Plaintiff no.2 being Complaint Case no.83/2021, registered

u/s.498A, 406, 34 of IPC and u/s. ¾ of D.P.Act.

9. That the Plaintiff no.2 moved before the Hon’ble Jharkhand High

Court for Anticipatory Bail in A.B.A case no.5766 of 2022 and

during the pendency of the application both the Plaintiffs resolved

 their disputes amicable at Jharkhand State Legal Services

Authority, A.G.Ofiice Road, Doranda, Ranchi on 12.05.2023.

A photo copy of the certified copy

of the mediation report is annexed

herewith and marked thereto as

Annexure-A to this Application.

10. That the Plaintiffs have amicable settled their disputes and agreed

upon the terms and conditions mentioned in the Report of the

mediator which are as follows:

I. That both the Plaintiffs will live separately.

II. Both the Plaintiffs shall withdraw all the cases filed in any

court/Police Station.

III. Both the parties will neither submit any claim nor file any

case in any court / P.S against each other henceforth.

IV. The custody of the only child girl will be with the Plaintiff

no.1and the Plaintif no.2 may meet his girl child

occasionally in presence of her mother (Plaintiff no.1) or

any responsible guardian.

V. The Plaintiff no.1 will not claim any amount in terms of

maintenance/ alimony.
 VI. The Plaintiff no.2 will return the belongings /ornaments of

the Plaintiff no.1 if any left with Plaintiff no.2. on or before

the next date of hearing of the case in the Hon’ble High

Court.

VII. Both the Plaintiffs will file mutual divorce petition within

one month of grant of bail to the Plaintiff no.2.

11.That in the facts and circumstances above, the Plaintiffs herein has

filed the present mutual Divorce Petition before this Hon’ble

Court.

12. That the Plaintiff no.1 is a resident of Jamshedpur and the same is

the Jurisdiction of this Hon’ble Court.

13.That this petition is filed in bonafide and in the interest of justice.

PRAYER

It is therefore most respectfully prayed that this Learned Court may

graciously be pleased to:
Dissolve the marriage between the Plaintiffs by

a decree of divorce on mutual consent.

AND

And since the Plaintiffs are living separately for

more than three years, hence the cooling off

period may be waived.

 AND

Any other or further relief which this Learned

Court may deem fit and proper in the facts and

circumstances of the case and in the interest of

justice.

AND
FOR THIS ACT OF KINDNESS THE PLAINTIFFS ARE IN DUTY
BOND SHALL EVER PRAY.

Plaintiff no.1: Plaintiff no.2:

AFFIDAVIT
 I, Smt.Sangita Sahu @ Sangita Kumari, W/O. Kanhu Sahu, D/O:
Prahlad Kumar Shaw, R/…………………………………………….
……………………., Jharkhand, do hereby solemnly affirm and
state as follows:-

1. That I am the Plaintiff no.1 in the instant application and I am well

conversant with the facts and circumstances of the case as such am
fully competent to swear the instant affidavit.

2. That the accompanying application has been drafted by our counsel

under my instructions and materials and information’s have been
supplied by me and the contents of the accompanying petition has
been read over and explained to me in vernacular and the same are
true and correct to the best of my knowledge, belief and faith and
nothing material has been concealed there from.

3. That the photocopies of the annexures are true and correct which has
been supplied by me.

DEPONENT

VERIFICATION:
I, Smt.Sangita Sahu @ Sangita Kumari, W/O. Kanhu Sahu, D/O:
Prahlad Kumar Shaw,
R/…………………………………………….
……………………., Jharkhand.

Verify at Ranchi on this day of ………….., that the contents of

the affidavit from para 1 to 3 are true and correct to the best of my
knowledge and nothing material has been concealed there from.

DEPONENT

AFFIDAVIT
 I, Kanhu Sahu, S/O: Manmath Kumar Sahu, R/O: Ward No.10,

Amladuba, P.S and P.S: Rairangpur, District: Mayurnbhanj,

Odisha, at present R/O: Qtr No.C/26/3, Anumala Township, NPC

Ltd, PO and PS: Kokrapar, District: Tapi, Gujarat, Jharkhand.

Mob:- …………….., do hereby solemnly affirm and state as

follows:-

1. That I am the Plaintiff no.2 in the instant application and I am well

conversant with the facts and circumstances of the case as such am
fully competent to swear the instant affidavit.

2. That the accompanying application has been drafted by our counsel

under my instructions and materials and information’s have been
supplied by me and the contents of the accompanying petition has
been read over and explained to me in vernacular and the same are
true and correct to the best of my knowledge, belief and faith and
nothing material has been concealed there from.

3. That the photocopies of the annexures are true and correct which has
been supplied by me.

DEPONENT
 VERIFICATION:

I, Kanhu Sahu, S/O: Manmath Kumar Sahu, R/O: Ward No.10,

Amladuba, P.S and P.S: Rairangpur, District: Mayurnbhanj,

Odisha, at present R/O: Qtr No.C/26/3, Anumala Township, NPC

Ltd, PO and PS: Kokrapar, District: Tapi, Gujarat.

Verify at Jamshedpur on this day of ………………, that the

contents of the affidavit from para 1 to 3 are true and correct to the

best of my knowledge and nothing material has been concealed

there from.

DEPONENT

IN ,
 THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,

AT JAMSHEDPUR.

ORIGINAL SUIT (M.T.S). NO. ……….. OF 2023

Smt.Sangita Sahu @ Sangita Kumari ….Plaintiff no.1

VERSUS.

Kanhu Sahu ….Plaintiff no.2.

I N D E X

Sl. no Particulars Page

1. Petition Under Section 13-B of Hindu

Marriage of Act. with affidavit in support.

2. Annexure-A- Report (Settlement) of the

JHALSA, Ranchi.

3. VAKALATNAMA