IN THE COURT OF LEARNED DISTRICT JUDGE AT, ALIPORE

Matrimonial suit no- 52001013/2024

Shri. Ramu Monhar (aged about 33 years) son of Shankar Monhar, resident of village & post
office Sultanpur, Alipore

...Petitioner No. 1

AND

Smt. Nidhu Monhar (aged about 31 years) wife of Shri. Ramu Monhar, Daughter of Sahil
Choudhury, resident of village & post office Adarsh Vihar, Alipore

...Petitioner No. 2

Petition under section 13-B of Hindu Marriage Act, 1955 for dissolution of marriage by a
decree of divorce with mutual consent.

Hon’ble Sir,
 The petitioner above named most respectfully, submit as under: -

1. That marriage was solemnized between the parties (Petitioner No. 1 and 2 herein)
according to Hindu rites, Customs and ceremonies, in the presence of relatives and
friends of both the parties on 12 February 2020 in village Adarsh Vihar, District Alipore.
It was an arranged marriage.
2. That the status and the place of residence of the parties to the petition before the marriage
at the time of filing the present petition where/ Are as follows: -

Before Marriage
______________________________________________________________________________
Name of Party Status Age Place of Residence

Religion around

______________________________________________________________________________
Husband Hindu 29 years VPO Sultanpur,

Petitioner No. 1 Bachelor District Alipore

______________________________________________________________________________
Wife Hindu 27 years VPO Adarsh Vihar,

Petitioner No. 2 Spinster District Alipore

______________________________________________________________________________
AND

At the time of filing of Petition

Religion around

______________________________________________________________________________
Husband Hindu 33 years VPO Sultanpur,

Petitioner No. 1 Married District Alipore

______________________________________________________________________________
Wife Hindu 31 years VPO Adarsh Vihar,

Petitioner No. 2 Married District Alipore

3. That the marriage between the Petitioner No.1 and 2 herein consummated when, after
celebration of marriage, they initially cohabited and/or resided together as husband and
wife at the parental home of the Petitioner No.1 being permanent matrimonial home. a
male child, namely Akash was born out of this wedlock on 1 March 2021.
4. Since the very beginning of the marriage, the parties to the petition could not adjust With
each other due to indifferent ideology and temperament and there were a lot of
differences between understanding of both of them.
5. That there used to remain disputes between them and daily affairs of the family and
facing with this situation, both of them living separately since 3rd March 2022, thereafter,
and they have not been cohabited with each other.
6. That the parents, relatives and respectable persons of both the sides tried their level best
to advise both of them live peacefully as husband and wife in a proper and peaceful
manner, but with no results, as both of them failed to reside together with peacefully and
happily.
7. That now a period of around two years have been passed since the parties to the petition
are living separately and they could not reconcile during this. Of this. Duration and have
also not resumed cohabitation, nor there is any process, probability, or possibility of
living together with as husband and wife under the same roof, thus both the petitioners
have mutually agreed and decided their said marriage may be dissolved by way of a
decree of divorce and with their mutual consent, enabling both of them to lead their lives
as per their own wish and will.
8. By the intervention of the Mediator Mrs. Akanshaya Das in a referral order issued by
Learned Additional District and Session Judge Ms. Yasmin Seikh vide her referral order
dated 12 April 2023 in criminal appeal under D.V. Act, vide Mediation No. 1152 dated
12 April 2023. Meeting of both the parties were held on. 20 April 2023. During the
process of mediation, with the assistance of the mediator, both the parties have agreed to
amicably settle their dispute and differences without any pressure, coercion and undue
influence. Both parties have come to the conclusion that Petitioner No. 2 shall not entitled
for any maintenance in any manner from Petitioner No.1. It was also settled that the
Petitioner No. 2 shall get a sum of Rs.7,00,000/- (Rupees Seven Lacs Only) as full and
final settlement including past, Present and future maintenance. Out of this. The sum of
Rs.3,00,000/- (Rupees Three Lacs Only) shall be paid by the Petitioner No. 1 to the
Petitioner No.2 at the time of recording of statement of first motion and balance amount
of Rs.4,00,000/- (Rupees Four Lacs) shall be paid on the date of recording of second
motion before the court. The dissolution of marriage of both the Petitioners are for the
proper benefit and welfare. That if the Petitioner No.2 does not come on second motion
in that event, she shall have bound to return back the amount of Rs.3,00,000/- to the
 petitioner No.1. The child Akash shall. In the custody of Shri Shankar (Grandfather).
However, Petitioner No.2 shall have visitation right to meet the child twice a month. The
meeting place will be Hari Bol Cartel at Acharya Vihar or any other place as mutually
agreed by both the parties. Custody of the child was handed over to Sri Shankar Monhar
and the petitioner No.1 by the petitioner No.2 on 28 April 2023 at about 2:30 PM without
any pressure, coercion, undue influence in the presence of the mediator.
9. The petitioner No.2 shall bound to make the statement to withdraw the execution
proceeding in a judgment passed under Domestic Violence Act, Pending before the court
of JMIC Alipore as well as criminal appeal pending before the Court of Sh. A.K. Biswas,
Ld.ASJ, Alipore against the judgement of acquittal u/s 498-A, 406, 506 IPC on the next
date of hearing in favour of the petitioner No.1. The petitioner No.1 and 2 shall bound
that they shall withdraw all the cases, pending before the court of law against each other.
Petitioner No.1 & 2 further undertakes that they shall not file any case in future against
each other.
10. That the mutual consent of both the parties to file the present petition has not been
obtained by force. fraud and undue influence by any of them.
11. That there is no other legal ground as to why the relief as prayed for should not be
granted to the Petitioners.
12. The marriage between the parties was solemnized and they also last resided together as
husband and wife within the local limits of the ordinary original jurisdiction of this
Hon'ble court and, hence, this Hon’ble court has proper and competent jurisdiction to
entertain, try and decide the present petition.
13. That a prescribed court fee stamp has been affixed on this petition. The petitioners,
therefore, humbly pray that a decree of divorce by dissolving the marriage between the
parties to the petition with their mutual consent under section 13-B of Hindu Marriage
Act. may kindly be granted, in the interest of justice.

Any other order or direction which this Hon’ble court may deem fit and proper in
the circumstances of the present case may also be passed to meet the end of justice.
 Petitioners

1. Shri. Ramu Monhar, Son of Shri Shankar Monhar,

Resident of village & post office Sultanpur, Alipore

2. Smt. Nidhu Monhar, Wife of Shri Ramu Monhar,

Daughter of Sahil Choudhury, resident of village &

Post office Adarsh Vihar Alipore.

Through Counsels: -

Deep Chakraborty Pritam Lenka

Advocate Advocate

Counsel for the Petitioner No. 1 Counsel for the Petitioner No. 2

Verification:-

Verified that the content of paragraph 01 to 10 of the petition are true and correct to the best of
our knowledge based on the fact and those paragraphs 11 to 13 are based on legal advice sought.
Which you believed to be true and correct. The last paragraph of this Petition contains prayer to
This Hon’ble Court. Verified this the 28th day of February 2024 at Alipore.

Petitioners.
In the court of Miss Bhavna Sharma, Principal District Judge/ Family Court,
Alipore.

Ramu Monhar AND Nidhu Monhar

Petition under section 13-B of the Hindu Marriage Act, 1955.

AFFIDAVIT
I, Ramu monhar (aged about 33 years) son of Shree Shankar Monhar, Resident of village and
post office Sultanpur, Alipore, do hereby solemnly affirm and declare as under: -

1. That I am one of the petitioner in the above titled case, and being familiar with the facts
of the case, I am fully competent to swear this affidavit.
2. That my marriage was solemnized with the petitioner No.2 according to Hindu Rites,
customs and ceremonies in the presence of relatives and friends on 12 February 2020 in
village Adarsh Vihar, district Alipore. one male child namely Akash was born out of this
wedlock on 1st March 2021 who is now in care and custody of the petitioner No.1 w.e.f.
28 april 2023.
3. That the contents of accompanying petition have been read over and made understood to
me in vernacular, and same are true and correct to my knowledge.

Deponent.

Verification: -

Verified on this 28th day of February 2024 at Alipore that the above affidavit's
contents are true and correct to the best of my knowledge and belief, and nothing has been
hidden therein.

Deponent.
In the court of Miss Bhavna Sharma, Principal District Judge/ Family Court,
Alipore.

Ramu Monhar AND Nidhu Monhar

Application under section 13 of the Family Court Act. Seeking permission to file the
petition of dissolution of marriage by way of a decree of divorce by mutual consent through
legal advisor on behalf of the petitioner No.1.

Hon’ble Sir,

The applicant/petitioner No.1 respectfully submit as under: -

That the petitioner is unable to file the case without the legal advice.

Necessary permission may kindly be granted to him, in the interest of justice.

Date: - 28 February 2024

Applicant/Petitioner No. 1

Ramu Monhar