In the Court of Ld.

District Judge at Howrah

Matrimonial Suit No. /2023

In the matter of: -

SMT. APARNA SARKAR nee BAG, wife of Tapan

Sarkar, daughter of Late Nimai Bag, presently
residing at Bagpara Village- Katliya, Jhautala,
Post Office - Nibara, P.S. Domjur. District
Howrah. Pin Code – 711409. District – Howrah.

............. petitioner No. 1/ Wife.

AND

SHRI. TAPAN SARKAR, son of Late Basumati

Sarkar, residing at Salap, Village - Paikan Dasi,
Post Office – Nibra, Police Station – Domjur,
District – Howrah, Pin code - .

.............petitioner No. 2/ Husband.

In the matter of: -

The humble join petition U/s - 13B of Hindu
Marriage Act, filed by the above-named
Petitioners.

MOST RESPECTFULLY SHEWETH: -

1. That both the petitioners are law abiding citizen of India.

2. That the marriage between the parties was solemnized on 24th December’
2010 at the house of Petitioner no. 1 i.e., Bagpara, Village- Katliya, Jhautala,
Post Office - Nibara, P.S. Domjur. District Howrah. Pin Code – 711409 as per
the Hindu rites and customs.

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3. That it was a negotiable marriage and after marriage, the Petitioner
No.-2/Husband and Petitioner No.- 1/Wife both were started to reside at
Petitioner no. - 2 place, i.e., Salap, Village - Paikan Dasi, Post Office – Nibra,
Police Station – Domjur, District – Howrah, Pin code - , which is
under the jurisdiction of this Ld. Court and they used to reside in the said
house as a spouse and their marriage was duly consummated and out of
their marriage, one male child, namely Rohit Sarkar was born on 12 th
December’ 2012. Now she is 11 years old and residing with her mother i.e.,
the Petitioner No. 1.

4. That after marriage your Petitioners could not adjust themselves due to their
different taste, mind, culture and desire for which on and from 29 th January’
2022, both the Petitioners were get separated and has been living separately
in their respective parent’s house and since that day the parties have no
marital relation with each-other and their marriage become unworkable.

5. That on several occasions, the guardians and the well-wishers of both the
Petitioners tried their level best for reconciliation of their marital tie but all
are in vain.

6. That the emotional estrangement is so complete and inconceivable when

both the petitioners finally and mutually decided to call off the said marriage
is unworkable and the said marital tie is required to be dissolved by a decree
of divorce on mutual consent as there is no possibility between the parties to
live together as spouse under the same roof.

7. That the petitioner No. 1 undertakes not to claim any maintenance from the
petitioner No. 2 either at present or in future.

8. That the child Rohit Sarkar is residing with her mother i.e., the Petitioner
No. 1 and it is mutually agreed and decided between both the Petitioners
that, the Petitioner No. 2/Husband do not claim the custody of his child in
future.

9. That both the petitioners have no claim or counter claim against each other
and both the petitioners forgo their claim in any manner whatsoever against
each other.

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10. That the petitioner No.1/Wife and petitioner No.2/Husband jointly filing
this divorce application on mutual consent without coercion, collusion,
misrepresentation of facts or without any threat or pressure.

11. That the cause of action arose of this suit on and from 24/12/2010,
when both the petitioners get married with each other and last on
29/01/2022, when the petitioner no. 1/wife and the petitioner no
2/husband started living separately and they lastly lived together as
husband and wife at Salap, Village - Paikan Dasi, Post Office – Nibra, Police
Station – Domjur, District – Howrah, Pin code - , which is within the
Jurisdiction of this Ld. Court.

12. That no other similar case is hereby filed / pending or rejected any
higher forum of law.

13. That the fixed court fees Rs. 100/- is paid hereto according to court from
act.

Under the above facts and circumstances, it is

humble prayed that Your Honour may
graciously be pleased to pass a decree of Divorce
on mutual consent u/s. 13B of Hindu Marriage
Act. and dissolve the marriage Dated
24.10.2010, for ends of justice and /or pass
such other order or order as your Honour any
deem fit and proper.

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

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 V E RI F I C A T I O N

I, SMT. APARNA SARKAR nee BAG, wife of Tapan Sarkar, daughter of Late
Nimai Bag, am the petitioner No.1/Wife of this Instant suit do hereby solemnly
affirm and declare that the statements made above are true to the best of my
knowledge and belief and I sign this Verification on this ……. day of March’
2023 at Howrah Court, Howrah.

Verification duly signed

Advocate.

V E RI F I C A T I O N

SHRI. TAPAN SARKAR, son of Late Basumati Sarkar, am the petitioner

No.2/Husband of this Instant suit do hereby solemnly affirm and declare that
the statements made above are true to the best of my knowledge and belief and
I sign this Verification on this ………. day of March’ 2023 at Howrah Court,
Howrah.

Verification duly signed.

Advocate.

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 AFFIDAVIT

I, SMT. APARNA SARKAR nee BAG, wife of Tapan Sarkar, daughter of Late
Nimai Bag, presently residing at Bagpara Village- Katliya, Jhautala, Post Office
- Nibara, P.S. Domjur. District Howrah. Pin Code – 711409. District – Howrah,
do hereby solemnly affirm and declare as follows: -

1. That I am the petitioner No.1/Wife of the instant Suit and I am well

conversant with the fact and circumstance of this instant suit and the
statements made in the above paragraphs are according to my version.

2. That no other similar case is hereby filed / pending or rejected any higher
forum of law.

3. That I was a competent person to swearing this Affidavit for the same.

4. That the statements made above are true to the best of my knowledge and
belief.

.....................................
DEPONENT

Identified by me and
signed in my presence.

Advocate.

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 AFFIDAVIT

I, SHRI. TAPAN SARKAR, son of Late Basumati Sarkar, residing at Salap,

Village - Paikan Dasi, Post Office – Nibra, Police Station – Domjur, District –
Howrah, Pin code - . do hereby solemnly affirm and declare as follows: -

1. That I am the petitioner No. 2/Husband of the instant Suit and I am well
conversant with the fact and circumstance of this instant suit and the
statements made in the above paragraphs are according to my version.

2. That no other similar case is hereby filed / pending or rejected any higher
forum of law.

3. That I was a competent person to swearing this Affidavit for the same.

4. That the statements made above are true to the best of my knowledge and
belief.

.......................................
.......
DEPONENT

Identified by me and
signed in my presence.

Advocate.

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