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IN THE COURT OF THE LEARNED DISTRICT AND SESSIONS

JUDGE AT ALIPORE, 24-PARGANAS (SOUTH)

Matrimonial Suit No. of 2021

In the matter of:-

ABHISHEK GUPTA, son of Ratan

Prasad Gupta, residing at 8/1, Bose

Para Road, Near Pushpashree Cinema

Hall, Purba Barisha, Thakurpukur,

South 24 Parganas, P.S. – Behala,

Kolkata- 700008.

… Petitioner/Husband

-Versus-

ABHINITI GUPTA, daughter of Amar

Nath Gupta and wife of Abhishek

Gupta residing at 41A/H/3,

Chaulpatty Road, Beliaghata, Police

Station- Belaghata, Kolkata – 700010.

… Respondent/Wife

SUIT FOR DISSOLUTION OF MARRIAGE UNDER SECTION 13(1)(ib) OF

THE HINDU MARRIAGE ACT, 1955.

The humble petition of the petitioner

above named.

MOST RESPECTFULLY SHEWETH:-

1) That your petitioner/husband and the Respondent/wife are

legally married couple and their marriage was solemnized

according to Hindu Rites and Customs on the 10th day of

December, 2017 (hereinafter referred as “said marriage”), at the

address of the Petitioner/Husband mentioned in the cause title

and also at the address of the Respondent/Wife as stated in the

cause title of this said suit which was followed by Reception

Ceremony held i.e. Bou-Bhaat on 12th day of December, 2017.

Photocopies of the marriage card is annexed hereto and

marked as “Annexure – A/1 Collectively”.

2) That the said marriage was preceded by negotiation, and was

later followed by engagement ceremony which took place on

________________ .

3) That thereafter the said marriage both the Petitioner/Husband

and Respondent/Wife started living together in the house of the

Petitioner/Husband at 8/1, Bose Para Road, near Pushpashree

Cinema Hall, Purba Barisha, Thakurpukur, South 24 Parganas,

P.S. - Behala Kolkata - 700008.

4) That just after the said marriage, on the day of the First Night

the Respondent/Wife shockingly disclosed to the

Petitioner/Husband that she was very much unhappy with the

marriage as the marriage is solemnized against her will and that

she wanted to pursue her career in Company Secretariat, after

which the Petitioner/Husband tried to calm her down and told

her that he love her very much and as such respect her and will

support her wish to pursue career in Company Secretariat.

Further the Petitioner/Husband said that she need not worry

as she can even continue her studies for pursuing her career in

Company Secretariat and he will provide all the help and

support required to her for the same. The Petitioner/Husband

also promised her that as soon as all the marriage rituals end

he would talk to his parents regarding the same and will try

getting their consent too.

5) That immediately after all the marriage rituals were over, as per

the promise made to the Respondent/Wife, the petitioner spoke

to his parents regarding the Respondent/Wife wish of

continuing her study further and pursuing her career in

Company Secretariat and happily took the consent of his

parents also.

6) That after the Rituals of Pagfera in the month of February, 2018,

when the Respondent/Wife returned back to her husband

house in the middle of April, 2018, she would often complain of

her ill health and thereafter frequently restrained herself from

any sort of household work and would go her room and sleep.

On being asked by the Petitioner/Husband and his parents that

if she is not well she should tell them and they will be taking

her to some good doctor, to this she would very hastily and rude

manner replied that they should not worry and interfere, as she

has consulted to a doctor when lastly she was at her parents’

house and would not like consult any other doctors. Being a

caring personality and a loving husband when the

Petitioner/Husband asked her to show the

prescription/consultation chart of the doctor, as he want to

know what illness is bothering her, for which she denied saying
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that it is not with her but is at her parents’ house and would

always avoid to show the same to him.

7) That thereafter again in the month of July, 2018 the

Respondent/Wife went to her parents house and returned back

on 25th August, 2018.

8) That the Petitioner/Husband provided all support and help to

the Respondent/Wife in her studies as she was preparing for

her C.S Exam, he also got her admitted in a computer course

on the request of the Respondent/Wife as she said that this

might help her in the exam and paid all the requisite fees for the

same.

Xerox Copy of the Fee Receipt of the Computer Course is

annexed hereto and marked as Annexure “A/2”.

9) The Respondent/Wife again in the month of October, 2018 went

to her Parents House for just one day saying that she has got

some urgent work but never disclosed it to the

Petitioner/Husband or her In-Laws about the said urgent work.

10) The Respondent/Wife used to frequently visit her parents house

without even thinking about the Petitioner/Husband, as they

were newly married and never fulfill any duties of a wife toward

her husband.

11) That thereafter the Respondent/Wife again went to her Parents

house on 09th November, 2018 this time saying that her

brother’s health is not well and that she wanted to see him and

would return back on the day when Satyanarayan Puja was to

be held i.e. on 16th November, 2018 at the Petitioner/Husband

house.

12) That thereafter during the period between 09th November, 2018

to 16th November, 2018 the Petitioner/Husband and his

relatives tried to contact the Respondent/Wife but behaving

very strangely she never picked up the calls or gave any reply.

13) That thereafter the Petitioner/Husband who had an exam of

Common Aptitude Test (CAT) scheduled on 25th November,

2018 gave the exam in a tensed and stressed environment due

to such behavior of the Respondent/Wife. After the examination

was over, the Petitioner/Husband directly went to the

Respondent/Wife parents’ place, where he came to know from

the parents of the Respondent/Wife that she was suffering from

fever and as such was not well and that she would not go back

for some more time. Being a caring personality the

Petitioner/Husband believed that the concern regarding their

daughters’ health has made the parents of the Respondent/Wife

restrain her from returning back.

14) That on 10th December, 2018 i.e. on the first marriage

anniversary the Petitioner/Husband again went to

Respondent/Wife parents’ place with an intention to celebrate

their 1st Marriage Anniversary and make her feel happy after

illness, but instead of the celebrating the same with the

Petitioner/Husband, she firmly told him that she may return

back only after 2 months, to which Petitioner/Husband felt

disappointed but out of love for her and her decision, he

peacefully agreed.

15) That during this period of 2 months the Petitioner/Husband

tried to contact her through phone calls and messages, but none

of them were been answered/replied by the Respondent/Wife,

for the reason best known to her.

16) That finally after the said 2 months as per the Respondent/Wife

decision of staying at her parents’ place, the

Petitioner/Husband along with ________________ went to the

parents’ house of the Respondent/Wife to bring her back on the

day of Maha Shivratri in the month of February, 2019, but the

parents of the Respondent/Wife firstly misbehaved with the

Petitioner/Husband and his __________________ and then

secondly in a rude and harsh tone told him that due to her bad

health and ongoing medical treatment of her she may return

only after 8 months. For which the Petitioner/Husband asked

for the detail of the medical treatment ongoing for

Respondent/Wife health disorder/specific illness, to which the

parents and the Respondent/Wife did not said anything or

provide any related medical document to Petitioner/Husband.

Even when it is been offered by the Petitioner/Husband for

better treatments with renowned doctors across the city or

places throughout the country with expert medical facilities are

there for the Respondent/Wife fast and steady recovery, the

parents neglected the offer just stood to their decision of not

sending her back for the next 8 months.

17) Information about General Diary at Beliaghata Police Station.

18) That thereafter Petitioner/Husband for out of care and love

regularly tried to contact the Respondent/Wife through phone

calls, messages, through emails and letter through speed post

but again even after repeated attempts of contact none of them

were successful/answered/replied. This mental stress, tension,

torture and loneliness for no fault of his which made him a

patient for depression and which has very much hampered his

work life making him lose reputation and respect at his

workplace.

Xerox Copy of the images of phone calls, messages, through

emails and letter through speed post is annexed hereto and

marked as Annexure “A/3 Collectively”.

19) That seeing no outcome/solution in staying without contact and

at distance with the Respondent/Wife, on _____________ to seek

peace, mediation and negotiation, if any, (even though when not

at fault) the uncles of the Petitioner/Husband went to the

parents’ place of the Respondent/Wife thinking that if elders of

both the sides talks with maturity then there can be a solution

to this issue, but this time again the parents of the

Respondent/Wife humiliated them very badly with absurd

languages and further in a harsh and loud tone

threatened/warn them with dire consequences if they again

come back further for any peace and negotiation, and further

said that their daughter will not return back to the

Petitioner/Husband house.

20) That lastly, on 6th October, 2019 the Petitioner/Husband again

as an last opportunity visited the parents’ place of the

Respondent/Wife and tried to talk to the her about her health

and of the situation both of them, but even after almost a year

long distance she still has no will to return and love and care

for the Petitioner/Husband.

21) That the Petitioner/Husband states and submits that after 09th

November, 2018 till the filing of this petition the

Respondent/Wife has not returned back from his parents

house.

22) That the Petitioner/Husband out of care and love for the

Respondent/Wife always tried to know the reasons if anything

or problem is bothering her but the Respondent/Wife was never

concerned for the care and love of the Petitioner/Husband.

23) That with passing days, the Petitioner/Husband is presently in

mental stress, tension, torture and loneliness for no fault of his

which made him a patient for depression spending his days

alone, and on the other hand the Respondent/Wife being a

married lady never fulfilled any duties of a wife toward her

husband or her in-laws. Even after knowing that the

Petitioner/Husband is a very caring and a loving husband she

is making him suffer for no fault of his.

24) That to purchase the peace and to keep the matrimonial tie the

Petitioner/Husband had very much tolerated all the acts (with

reason best known to Respondent/Wife) which kept on

repeating and the same was willful and unjustifiable and exceed

all limits of toleration.

25) That the facts and circumstances as stated above, the

Petitioner/Husband is entitled to a decree of divorce dissolving

the marriage between the petitioner and the

respondent/husband on the ground under Section 13(1)(ib) of

the Hindu Marriage Act, 1955.

26) That the Petitioner/Husband has not filed the suit in collusion

with or in connivance with the Respondent/Wife.

27) That the Petitioner/Husband and the Respondent/Wife has

been living separately with each other since 9th November, 2018

more and there is no co-habitation with each other since then.

28) That there is no any previous proceeding in regard to the

marriage between the Petitioner/Husband and the

Respondent/Wife at any court of law.

29) That there has been no any unnecessary or improper delay in

presenting the suit.

30) That there is no legal ground why the relief prayed for should be

rejected.

31) That the cause of the action of the suit arose firstly on 9th

November, 2018 when the Respondent/Wife left her

matrimonial house and deserted the Petitioner/Husband

without reasonable cause and consent of the

Petitioner/Husband, and further willful neglect of the

Respondent/Wife for the Petitioner/Husband at every instance

of their meeting/communication, for a period of more than 2

years and six months.

32) That for the purpose of Court fees and jurisdiction the fixed

Court fees is paid.

Therefore the Petitioner/Husband

prays as follows:-

For a decree of divorce dissolving

the marriage between the

Petitioner/Husband and the

Respondent/Wife solemnized on

10th December, 2017;

And/Or

For such other and further relief

or reliefs as the

Petitioner/Husband is entitled to

the eye of law and equity.

And for this act of kindness, your Petitioner/Husband, as in duty

bound shall ever pray.

VERIFICATION

I, Abhishek Gupta, Son of Ratan Prasad Gupta, residing at 8/1,

Bose Para Road, Near Pushpashree Cinema Hall, Purba Barisha,

Thakurpukur, South 24 Parganas, P.S. – Behala, Kolkata- 700008, do

hereby declare that the statements made above are true to my

knowledge and belief.

I sign this verification on this day of April, 2021 in Advocate

chamber.

Prepared in my office

Advocate
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AFFIDAVIT

I, Abhishek Gupta, Son of Ratan Prasad Gupta, by faith – Hindu,

by Occupation - Business, residing 8/1, Bose Para Road, Near

Pushpashree Cinema Hall, Purba Barisha, Thakurpukur, South 24

Parganas, P.S. – Behala, Kolkata- 700008, do hereby solemnly affirm

and say as follows :-

1) That I, Abhishek Gupta am the Petitioner/Husband of the instant

suit I am well acquainted with facts and circumstances of the

instant case.

2) That the statements contained in paragraphs _______ to of the

plaint are true to my knowledge, and those made in paragraphs

_____________ are derived from the records and I verily believe to

be true and rest of the paragraphs are my respectful

submissions before this Hon’ble Court.

Prepared in my office ______________________

DEPONENT

Advocate

Identified by me

Advocate