DISTRICT - 24 PARGANAS (SOUTH)

IN THE COURT OF THE LEARNED 9TH ADDITIONAL DISTRICT

JUDGE AT ALIPORE.

MATRIMONIAL SUIT NO. - 2077 OF 2019

Amitava Sinha
…… Petitioner/Husband

Vs

Sikha Sinha nee Mukherjee

……. Respondent/Wife

AFFIDAVIT - IN - CHIEF UNDER ORDER XVIII RULE 4 OF THE

CIVIL PROCEDURE CODE 1908 ON BEHALF OF THE
PETITIONER/HUSBAND, SRI AMITAVA SINHA.

I, Amitava Sinha, son of Sri Bishnu Pada Sinha, aged about ______
years, by faith - Hindu, by occupation - service, resident of 5th
Floor, Okay House MIDC, A/35, Street No. 2, Andheri East,
Mumbai, Maharastra, P.O. & P.S. - Mumbai Industrial Development
Complex, Pin - 400093 do hereby solemnly affirm and declare as
follows:

1. That, I am the petitioner husband in this instant matrimonial

suit and am well conversant with the facts and circumstances
of this case to swear this affidavit.
2. That, I and the respondent both are Hindu by faith and
citizens of India and am presently residing at 5th Floor, Okay
House MIDC, A/35, Street No. 2, Andheri East, Mumbai,

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 Maharastra, P.O. & P.S. - Mumbai Industrial Development
Complex, Pin - 400093.
3. That, the acquintence between me and the respondent/wife
happened in the month of August, 2001 at Kolkata through
our colleagues and common friends. Subsequently, the
relationship grew between us, and finally on 21st September,
2002, the marriage between me and the respondent/wife was
solemnized following all Hindu rites and customs and the
same marriage was also duly registered under the Special
Marriage Act, 1954 on 26th April, 2002.
4. That, soon after our marriage being solemnized, I and my
newly married wife being the respondent herein started living
together as husband and wife at Siliguri for the initial phase of
our marriage, then after at Kolkata.
5. That, very few days after our marriage, the widow mother of
the respondent who recently lost her husband after leaving of
the respondent at her matrimonial place started feeling lonely
and went into a series of depressive episode. The situation
worsened and thus, my newly married wife being the
respondent herein to take care of her widowed mother, the
respondent had to intervene and casole her widowed mother
and had to arrange for psychiatric consultation and after due
consultation and due medical procedure, the mother of the
respondent was diagnosed with ‘Bi-polar Disorder’ and the
respondent brought her mother to live with us for the benefit
of the respondent’s widowed mother.
6. That, on 16th June, 2004, we were blessed with a female child
namely Miss. Avisikta Sinha, who is presently studying in
_____________ and aged about ____ years.
7. That, the parents of mine used to live in Guwahati where their
place of work were and after their retirement, my parents
came to Kolkata to live with me in the year, 2007. That it is

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 pertinent that during the birth of the first child of us, my
mother, Smt. ______________ came to assist the Respondent
but the Respondent and her mother didn’t quite like the idea
and created unnecessary altercations and rifts with the my
parents and thus the respondent’s mother involved the
nephews and nieces of the respondent to the extent, that there
was a huge scene created by her and equally supported by her
nieces and nephews. That I being the Petitioner herein tried to
ensure that the Respondent’s mother was not discomforted
due to my parents’ arrival and provided her with all amenities
like single room with toilet, individual TV/Music and ample
individual space and attention. But all the genuine efforts of
mine had no effect upon the Respondent's mother as she used
to abuse my parents with vulgar and filthy languages and the
most shocking part was that the Respondent used to support
her mother in all her intolerable acts.
8. THAT after few days went by after such ruckus created by the
respondent, I started to notice a drastic change in the attitude
of the Respondent. I further state that the Respondent was
highly obsessive and impulsive in nature, and the Respondent
literally dictated and quarrelled with me over trivial issues, it
is also pertinent that the Respondent also misbehaved with
her In-Laws and abused them just to keep her dominance over
the me and my parents Tough I used to overlook the behaviour
of the Respondent, thinking that with time things will change,
but unfortunately it never happened.
9. THAT the Respondent/Wife started showing her true colour
and started initiating unnecessary quarrel on trivial issues,
she started accusing me for not taking proper care of her and
started humiliating me in front of my family members.
Although I have taken several initiatives to understand the

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 problem of the Respondent/Wife and tried to make her
comfortable in all respect but all my attempts went in vain
10. THAT I being the petitioner herein tried my level best to
maintain a healthy and a prosperous matrimonial
relationship. That to make her feel better, I, myself used to
take out time from my office and use to take her out to for fine
dine and tried to spend quality time with the respondent.
11. THAT on 14th June 2013, we were again blessed with a
male child namely Master Aviroop Sinha., who is presently
studding in Class ____ in La Martiniere for Boys' School. After
the arrival of our second child, I hoped that the baby boy
would bring luck and happiness and some possibly change in
the attitude of the Respondent, but unfortunately things got
aggravated further .
12. THAT it is pertinent to mention that the Respondent was
reluctant to discharge the domestic normal work and also
used to pick up quarrels without any reasonable cause. The
Respondent also used filthy language and also used to throw
domestic articles upon me and my family members. The
Respondent always used to demand money from me and my
family members and her greed for money increased day by day
and whenever I failed to meet up her demands she became
agitated and abused and assaulted me on various occasions.
That me and my family members have tried to convince the
Respondent to live a happy conjugal life but she did not
changed her way of living.
13. THAT because of the cruelty displayed by the
respondent, the complication in the family life arose and
continued to become more severe day by day. For all these
days I being the petitioner have searched for a way out so that
I could permanently put an end to all these problems and live
a happy and prosperous life with my wife, two children and

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 family members, but all these attempts showed no sign of
change in the attitude of the Respondent/Wife rather she
became even more aggressive day by day.
14. THAT it is pertinent to mention that meanwhile the
Respondent’s mother fell down and broke her femur joint. She
had to be hospitalized and an artificial ball was installed and
the entire hospital stay lasted for 11 odd days totaling a bill of
about 3 and a half lakhs. And out of good faith and care
towards my wife/respondent had to bear the entire cost of
medical expenditure of the mother of the respondent, but still I
have never complained to the Respondent. All these while I
was doing everything for the Respondent so that she feels good
and change her living as I had no compulsion to keep the
Respondents mother at his home or to bear all her medical
expenses, but unfortunately the Respondent was still not
happy with his efforts.
15. THAT just to put an end to all the problems, I took up a
job outside Kolkata in early 2018 and went to work. Though I
returned to Kolkata once in 3 or 4 weeks to spend some time
with, the Respondent, my children and my parents. But even
during these short visits of 1 or 2 days the Respondent used to
create huge ruckus for reasons best known to her, and used to
abuse and humiliate me infront of my parents without any
apparent reason and continued her mental torture upon the
me day by day.
16. THAT it is pertinent to mention that my parents have
multiple disorders like Pacemaker implant, Spondylosis,
Myasthenia Gravis etc. but still the Respondent never failed to
pose enormous amount of mental torture upon the my parents
which in turn deteriorated the health condition of the my
parents.

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17. THAT I am/was under tremendous mental agony, it is
impossible for me to live under such mental trauma and
pressure, inspite of being very good to the Respondent/Wife.
That it is pertinent to mention that the Respondent has always
taken advantage of the simplicity and innocence of me and my
family members. That due to such constant torture of the
Respondent upon me, my health condition has also
beendeteriorated and for this reason I have been diagnosed
with Type 2 Diabetes and Hypertension.
18. THAT all incidents as narrated and declared by me
herein above in the foregoing paragraphs sufficiently come
under the purview of torture and cruelty and thus the
matrimonial relationship between us should end for justice,
equity and peace.
19. THAT in this situation I am entitled to and seeks
dissolution of marriage solemnized according to Hindu rites
and customs on 21st September 2002, and duly registered on
26th April 2002 under the Special Marriage Act, 1954
amended up to date.
20. THAT, I undertake to submit the relevant documents in
support of my contentions at the time of hearing and/or as
and when directed by the Ld. Court.
21. THAT, I also crave leave of the Learned Court to take
additional grounds, if necessary, for the purpose of better
adjudication of the instant case.
22. THAT, there is no resumption of cohabitation between
me being the petitioner and the respondent after April 15th,
2018.
23. THAT, the cause of action for the suit arose right after
the marriage was registered on 26th April 2002 under the
Special Marriage Act after the day of marriage that is on 21st
September 2002 and the marriage is continuing till date.

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24. THAT, I am the permanent resident of 388 Baghajatin
Place Kolkata 700086, which is within the jurisdiction of this
Ld. Court.
25. THAT, ad valorem Court fees of Rs. 100/- has been duly
affixed for purpose of valuation and I undertake to affix such
additional court fees as and when directed by the Ld. Court.
26. Not a fact that I am not entitled to any relief and/or
reliefs as prayed for in the plaint.
27. I pray as per prayer of my plaint and am entitled to get
a decree of divorce on the grounds of cruelty as depicted
and/or enumerated under section 27 of the Special Marriage
Act, 1954.
28. I state that this affidavit-in-chief has been drafted by my
Ld. Advocate on my instructions and my Ld. Advocate has
read over and explained the whole affidavit.
That the statements made above are true
to my knowledge, information and belief.

____________________________
DEPONENT

KNOWN TO ME & IDENTIFIED BY ME

ADVOCATE