DIVORCE - 13B Vikram Rai

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In the Court of Principal Judge, Family Court at Jamshedpur

Original Suit No. /2021

VIKRAM RAI, S/o Sri Saryu Kant Rai, aged about 35 years, by faith – Hindu,
Occupation - Business, Nationality – Indian, Permanent Address:- A – 3/2,
3rd Floor, Gayatri Complex, Phase – 1, Road No. 7th Extension, Sonari,
PO & PS – Sonari, Town - Jamshedpur, District – East Singhbhum,
Jharkhand-831011.
Present Address :-Flat No. 403, H. Building, Dunes Residency, Dunetha, Nani
Daman, Daman and Diu- 396210.

M. No. 8780585655 PETITIONER NO. 1

Vrs.

NIHARIKA JHA, W/o Sri Vikram Rai, D/o Krishna Kant Jha, aged about 27
years, Occupation - Business, by faith – Hindu, Permanent & Present
residing at E Type, Qr. No. 63/3, Park Avenue Colony, Near Children Park,
Kiriburu, Kudamsada, Kiriburu Base Camp, Tonto, District - West
Singhbhum, Jharkhand - 833222.

M. No. 6287046901 PETITIONER NO. 2

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PETITION UNDER SECTION 13(B) OF THE HINDU MARRIAGE ACT –
1955.

The petitioners above named beg to submit as under:

1. That the Petitioner no. 1 and the Petitioner no. 2 are legally
married couple and their marriage was solemnized on 18.01.2017
at Gayatri Complex, Phase – 1, Road No. 7th Extension, Sonari,
PO & PS – Sonari, Town - Jamshedpur, District – East Singhbhum,
within the jurisdiction of this Hon’ble court.

2. That no other suit on the same cause of action has ever been filed
by the petitioners in this court or any other courts in India.

3. That the said marriage was solemnized according to Hindu Vedic


rites and rituals. Both the petitioners are Hindu by birth and they
are continued to be so.

4. That the above marriage was an arranged marriage which was


initiated by the parents of both the petitioners.

5. That after solemnization of marriage, on 19.01.2017 the Petitioner


no. 2 accompanied her husband/ Petitioner no. 1 to her
matrimonial house at A – 3/2, 3rd Floor, Gayatri Complex,
Phase – 1, Road No. 7th Extension, Sonari, PO & PS – Sonari,
Town - Jamshedpur, District – East Singhbhum, to lead a happy
conjugal marital life and they started living there as husband and
wife. Thus the marriage between the petitioners has been duly
consummated.

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6. That after passing of one month, the Petitioner No. 2 went to Flat
No. 403, H. Building, Dunes Residency, Dunetha, Nani Daman,
Daman and Diu - 396210 along with the Petitioner No. 1.

7. That there at Daman, unfortunately both the petitioners could not


continue with their conjugal life smoothly due to different test,
temperament, opinions and views, so they started to quarrel with
each other on almost every day related to even very petty
issues/matters which led to unpleasant atmosphere in the house.

8. That during the period of cohabitation, both the petitioners were


continued to stay and sleep separately in the different rooms.

9. That in the last week of the March, 2019 the petitioner no. 2
returned back to Kiriburu without any consent of the petitioner
no. 1 and thereafter there is no contact/talk between them and
thereby they are living separately since March, 2019 without
having any concern with each other.

10. That with the involvement and pursuance of common well-


wishers and family members of the Petitioners, they mutually
agreed to dissolve their marriage by filing case u/s 13(B) of Hindu
Marriage Act, 1955 before the appropriate court.

11. That it was decided that neither any of petitioners will interfere in
each other’s lives nor shall they lay any claim on any account in
any manner to each other.

12. That there will be no grievance, no claim, no demand from each


other and also they got agreed not to file any civil case/criminal
case against each other on similar grounds, in the course of future.
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13. That the both the Petitioners have agreed to co-operate with each
other for early disposal of the said suit by getting their
unsuccessful marriage dissolved by a decree of dissolution of
marriage on mutual consent of this suit.

14. That the petitioners have agreed not to interfere with the family
and personal life of each other and shall not act in any such
manner which may have prejudice against their family and social
life.
15. That the petitioners have agreed and assured to each other that
they will not back out or violate any of the aforesaid agreed terms
and conditions in any circumstances as stipulated in this joint
petition and in case of default of or violation by any of the
petitioner, aggrieved Petitioner shall be at liberty to prosecute
against the other.
16. That the Petitioners have agreed to bear their own cost of
litigation.
17. That cause of action for this suit arose on 18.01.2017 when
marriage was solemnized between the Petitioners and on March,
2019 since then the petitioners are living separately from each
other.

18. That for the interest of justice and keeping in view of the
submission made above, it is therefore necessary to dissolve the
marriage solemnized between the petitioners on 18.01.2017 by
decree of divorce by mutual consent.

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19. That the petitioners therefore pray for the following reliefs:-

I. For a decree of dissolution of marriage solemnized on


18.01.2017 between the parties on mutual consent.
II. For any other relief or reliefs to which the parties may
found entitled under the law and equity.

VERIFICATION

This is to be verified that no matrimonial suit on the basis of


same cause of action has ever been filed by either petitioner
prior to this suit either in this court or elsewhere.

Advocate

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AFFIDAVIT

I, NIHARIKA JHA, W/o Sri Vikram Rai, D/o Sri Krishna Kant Jha,
aged about 27 years, by faith – Hindu, resident of E Type,
Qr. No. 63/3, Park Avenue Colony, Near Children Park, Kiriburu,
Kudamsada, Kiriburu Base Camp, Tonto, District - West
Singhbhum, Jharkhand - 833222, do hereby solemnly affirm and
declare as under :

I. That I am the petitioner no. 2 of the matrimonial suit.


II. That I have gone through the contents of this
matrimonial suit petition and the same is true to the
best of my knowledge, belief and information and I
signed on this the 22nd day of February, 2021.

Deponent
Known to me

Advocate

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AFFIDAVIT

I, VIKRAM RAI, S/o Sri Saryu Kant Rai, aged about 35 years,
Occupation - Business, by faith – Hindu, resident of A – 3/2, 3 rd
Floor, Gayatri Complex, Phase – 1, Road No. 7 th Extension,
Sonari, PO & PS – Sonari, Town - Jamshedpur, District – East
Singhbhum, Jharkhand, do hereby solemnly affirm and declare
as under :

I That I am the petitioner no. 1 of the matrimonial suit.

II That I have gone through the contents of this matrimonial


suit petition and the same is true to the best of my
knowledge, belief and information and I signed on this
the 22nd day of February, 2021.

Deponent

Known to me

Advocate

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