DISTRICT: NORTH 24 PARGANAS

IN THE COURT OF LEARNED DISTRICT JUDGE AT BARASAT

MATRIMONIAL SUIT NO. OF 2023

IN THE MATTER OF:-

An application under Section 27 (1) (c) and

Section 27 (1) (d) of the Special Marriage

Act, 1954.

-And-

IN THE MATTER OF:-

SRI CHANCHAL BERA, son of Late Santosh

Bera, aged about 39 years, resident of

Village- Bahirgram, Purba Para, Post Office

and Police Station- Panskura, District-

Purba Medinipur, West Bengal, PIN-

721152.

...Petitioner / Husband

-VERSUS-

SMT PINKI SINGH, Wife of Chanchal Bera,

Daughter of Pappu Singh, aged about 32

years, residing at R.M.-62, Raghunathpur,

Post Office- Deshbandhunagar, Police

Station- Baguiati, District- North 24

Parganas, West Bengal, PIN- 700059.

...Respondent/ Wife
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AN APPLICATION FOR DISSOLUTION OF MARRIAGE UNDER SECTION

27 (1) (c) AND SECTION 27 (1) (d) OF THE SPECIAL MARRIAGE ACT,

1954.

The humble petition on behalf of the

Petitioner/Husband named above;

MOST RESPECTFULLY SHEWETH:

1. That the Petitioner herein is the Citizen of India by Birth and he

is Hindu by faith.

2. That the marriage between the petitioner and the respondent was

solemnized on the 22nd day of September, 2020 at P-84, Lake Town,

Block-B, Post Office- Lake Town, District- North 24 Parganas, West

Bengal, PIN- 700089 under the Special Marriage Act, 1954. The

Marriage Certificate Number is WB33700600011400002418-2020-

102653 and issued under Section 13 of the Special Marriage Act, 1954

and the date of issuance is 26th September, 2020 and the date of Notice

under Section 5 of the Special Marriage Act, 1954 is 22nd August, 2020.

All these points clearly show that indeed marriage took place and the

date of presentation of this instant application/petition for dissolution

of marriage is more than two and a half years since the date of

solemnization of the said marriage and therefore would not be hit by

the provisions of Section 29 of the Special Marriage Act, 1954 which

states clearly that no petition under Section 27 could be filed before

the expiry of one year from the date of solemnization of marriage and

its registration in the Register of Marriage. Finally the place of

solemnization of the marriage is in Lake Town which is well within the

local limits of the original civil jurisdiction of this Learned Court as

provided in Section 31 (1) (i) of the Special Marriage Act, 1954.

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3. That the petitioner states that the prelude of this instant

application/petition is of utmost importance. The petitioner started

interacting with the respondent on and from the month of March, 2018

because the petitioner is an extrovert person and has the habit of

interacting and speaking with all staffs not only of his office but also of

the entire building within which the office is situated and be it

mentioned that the respondent was at that time the receptionist of the

said building known by the name P.S. Aviator within which the

petitioner used to work in the second floor. Even when the petitioner

used to interact with the respondent and there was no love relationship

between him and the respondent, the respondent would used to

enquire from the bodyguards of the office in which the petitioner used

to work as to whether the petitioner was married or not in a very

surreptitious manner, she even asked the colleague(s) of the petitioner

as to the marital status of the petitioner and coupled with the fact that

these things were done at the back of the petitioner clearly shows that

the respondent had the habit of being paranoid. Thereafter the

friendship became more intense and the relationship started to

blossom and at that time the respondent again asked the petitioner as

to why he did not marry and she stated that she wanted to marry the

petitioner by running away from her family which the petitioner did not

agree to. The petitioner also candidly stated to the respondent that he

is an extremely extrovert person and mixes with various people to

which the respondent readily agreed and stated that there is no

objection which was the reason for the acceptance of the relationship

on the part of the petitioner in the first place. The respondent thereafter

stated to the petitioner that all her near brothers and sisters were

married off and she was the last person whose marriage was not yet

done and this fact of her being married created physical stress to her
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mother which led her contracting blood sugar which increased with

such stress. This fact of the ill health of the mother of the respondent

made her to force the petitioner continuously to do the registration of

their marriage but the petitioner was not prepared for the same as also

because the relationship did not blossom much at that time and the

petitioner was not financially stable to marry the respondent but the

respondent was quite adamant. The respondent had cordial relation

with some staffs of the office in which the petitioner used to work

namely Trisha and Sanjukta but with time the respondent started to

doubt the chastity of the petitioner and continuously forced the

petitioner not to talk with some female colleagues or juniors to which

the petitioner strongly objected and even he vented his grievance before

the mother of the respondent by stating that if the respondent

continues to do these activities then he can divorce her soon after their

marriage. The petitioner and the respondent applied for the first time

in relation with the registration of their marriage but due to these

quarrels the said Notice period was over and the registration did not

take place and finally in the year 2020 the registration of their marriage

was done and just seven days before that date of marriage the

petitioner and the respondent also had a quarrel amongst themselves

when they went for shopping in a mall wherein the respondent used

some derogatory words with regards to the petitioner’s relationship

with another woman in his office which clearly shows that with time

the habit of doubting the bona fide of the petitioner increased day in

and day out. The petitioner at that very instant with heavy heart stated

that if this habit of the respondent is not curbed then they would surely

have to part their ways through the process of divorce. Now, it is

further pertinent to mention some other facts besides the ones

mentioned hereinabove and the same may sound to be repetitive but is

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important nevertheless. Previously the petitioner was committed in a

love relationship with a lady for close to ten years but due to no fault

of the petitioner, the said lady left him without any sufficient cause

(which in other colloquial words is known as ditching) and the said

incident left the petitioner crestfallen and together with this mishap

was the passing away of the mother of the petitioner. All in all the

petitioner became extremely emotional and pensive and in this

scenario he met with the respondent who was the receptionist of the

entire building within which the petitioner worked in one of the offices.

To be more precise, the petitioner was the Facility Manager of a

Proprietorship/Company known by the name Envolta Corporation INC

and his Office was situated in Second Floor of a Building known by the

name P.S. Aviator and the respondent was the receptionist of the entire

P.S. Aviator Building as stated above and in this backdrop the

petitioner met with the respondent. Thereafter, both the petitioner and

the respondent was involved in a romantic relationship more so

because the petitioner became emotionally dependent upon the

respondent as a result of the sorrows and pain that he faced previously

and such emotional dependency was the foundation of the said

relationship besides the facts as mentioned hereinabove.

4. That the petitioner further states that the relationship fared well and

was ultimately transformed into a marital tie through the registration

of the said marriage on 22nd September, 2020 and the background of

the said registration is mentioned hereinabove which was quite

acrimonious in nature. The registration of the said marriage was not

totally mutual but more so upon the insistence of the mother of the

respondent as well as the respondent. The reason for the reluctance of

the petitioner in marriage was his poor financial condition owing out of

the Coronavirus Pandemic which struck the entire country in the year
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2020, but somehow the respondent and her mother convinced the

petitioner that whatever his situation would be she was ready to live

with him without any cringe or condition. The petitioner wished to live

with the respondent in his own accommodation which was co-owned

by his elder sister and elder brother without giving any right of

ownership to the petitioner, the respondent was quite satisfied with

that as well but no sooner did the marriage take place than the

respondent started to coerce the petitioner to own the said

accommodation to which the petitioner said no as a result of which

frequent quarrels took place both over phone and the worst part was

that the petitioner and the respondent did not live as husband and wife

in any Matrimonial Home for more than one night. From day one the

petitioner and the respondent lived separately due to the differences as

stated above. The relatives of the petitioner and the local neighbours

tried to break the ice by organizing a vacation in Digha in the month of

December, 2020 wherein the petitioner and respondent went but after

returning from the said vacation both lived separately. From one day

after the date of solemnization of Marriage which was on 22 nd

September, 2020, the petitioner’s association was left by the

respondent which clearly amounts to desertion and that same was

continued for more than two years which in itself is a ground of

dissolution of marriage under the Special Marriage Act, 1954 more

specifically Section 27 (1) (c) of the said Act of 1954.

5. That the petitioner states that he clearly told the respondent that he is

in talking and friendly terms with various associates of his office

besides having multifarious friends to which just after a year from the

date of relationship the respondent abused the petitioner and passed

useless and cringy comments whenever he spoke or met with his

female friends which made the petitioner feel extremely ashamed as his
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respect fell from the cliff due to the misbehavior of the respondent and

as stated hereinbefore this was specifically the reason for which the

registration of marriage between the petitioner and the respondent did

not materialize for the first time. Even when the petitioner spoke with

his sister be it young or old, the respondent misbehaved with him. In

this scenario the petitioner ventilated his grievance before his mother-

in-law regarding such abusive and rough behaviour of the respondent

to which the respondent’s mother assured that the respondent will not

misbehave any further and if she does so then he is at liberty to break

the marital tie with her the fact of which is mentioned in the previous

paragraph as a background of this suit in order to fully appreciate the

relationship that subsisted between the petitioner and the respondent.

Thereafter, things went as it is but the habit of paranoia of the

respondent did not stop, her claim was that the petitioner could never

mix with anybody particularly who is a woman and in this backdrop

the petitioner tried to protect a fellow colleague of his named Ms. Puja

Bhattacharya who joined the office of Envolta in the month of January,

2021 but was subject to a very brutal internal politics in which she was

cornered by some senior Associates who formed a cartel in order to

conspire against her which would further result in her termination

from the job as those senior associates were extremely influential and

had good terms with the Chief Executive Officer of Envolta Corporation

INC. The petitioner on the basis of affection and pity protected Ms.

Bhattacharya as a result of which the brutal politics ended and she

could work properly in the said office of Envolta. Thereafter, one of such

Senior Associates who failed in his attempt of sabotaging the job of Ms.

Bhattacharya informed the respondent that the petitioner was in an

illicit relationship with Ms. Puja Bhattacharya to which the respondent

without verification abused the petitioner over phone and when the
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petitioner proved that he did not have any form of love relationship with

Ms. Puja Bhattacharya, the respondent begged for forgiveness and

asked for a last chance to which the petitioner reluctantly agreed. But

somehow the said prayer for forgiveness was just an eye wash as

because the respondent and her sister gave a threat call to Ms. Puja

Bhattacharya on the false premise that she is involved in an illicit

relationship with her husband that is the petitioner. In this backdrop,

Ms. Puja Bhattacharya was brutally beaten up by her mother on getting

information about the alleged proximal nexus between her and the

petitioner and she was forced to leave her house and she resided with

her sister. In the meantime the respondent somehow arraigned the

petitioner by assailing that Ms. Puja Bhattacharya was living in with

the petitioner and went to the Baguiati Police Station in order to file a

complaint or diary against the petitioner (morefully explained in the

subsequent paragraph) but Ms. Puja Bhattacharya proved that she was

not living in with the petitioner but due to the atrocities which she

faced in the hands of her mother, she was living with her sister. The

case was closed but due to the creation of a scene on numerous

occasions by the mother of Ms. Puja Bhattacharya and the respondent,

Ms. Puja Bhattacharya was terminated from her job by the Chief

Executive Officer of Envolta Corporation INC but eventually at the

insistence of the Inspector-in-Charge, Airport Police Station she got her

job back.

6. That the petitioner states that in the middle of 2022, the respondent

went to Baguiati Police Station in order to file a complaint against the

petitioner for commission of Cruelty towards her which was readily

denied by the female Police Official as because she wanted to cross

verify as to the real state of affairs from the petitioner. The petitioner

stated that he tried to live happily with the respondent since the
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inception of the marriage but he miserably failed and the respondent

continuously committed cruelty towards him in one way or the other

as a result of which he did not want to continue the marital relationship

after which the Lady Sub Inspector advised both the petitioner and the

respondent to get separated as there was no chance of any form of

reconciliation between the parties. Beyond this incident things went as

usual till 7th February, 2023 on which date the respondent successfully

registered a false and fabricated First Information Report detailed

Baguiati Police Station Case Number 69/2023 dated 7 th February,

2023 under Sections 498A/406 of the Indian Penal Code, 1860 against

the petitioner, his brother, sister-in-law, uncle, sister, brother-in-law

and Ms. Puja Bhattacharya based upon incorrect and concocted facts

which were falsely woven by her and not only did the respondent had

made false allegations against the petitioner through the above

mentioned First Information Report but she also stated that she would

intentionally harass the petitioner as a result of which she got hold of

the phone numbers of the relatives of the petitioner and told all of them

about her false plight that the petitioner used to reside in his elder

brother’s house along with her and thereafter he left the said

matrimonial home with another woman whom she regarded as femme

fatal and these brought the respect of the petitioner down in front of all

his relatives, this fact was also the foundation of her false complaint

before the Police Official which is the reason why this instant divorce

application is filed before this Learned Court. Hence, based upon this

fact as well as all the contentions as made in the foregoing paragraphs

the petitioner was treated with cruelty by the respondent which is

another ground for dissolution of Marriage under the Special Marriage

Act, 1954 more specifically under Section 27 (1) (d) of the said Act of
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1954 and in this premise this instant application/petition is filed

before this Learned Court.

7. That the cause of action for this suit firstly arose on 22nd September,

2020 when the marriage was solemnized as per the Special Marriage

Act, 1954 and lastly on 7th February, 2023 when a false First

Information Report was registered against the petitioner and his entire

family. As mentioned previously the petitioner and the respondent’s

marriage was solemnized at P-84, Lake Town, Block-B, Post Office-

Lake Town, District- North 24 Parganas, West Bengal, PIN- 700089

which is well within the jurisdiction of this Learned Court.

8. That there is no collusion, coercion or conspiracy between the

petitioners in filing this instant suit/petition and the same is being filed

voluntarily.

9. That the petitioner accordingly states that the marital tie between the

petitioner and the respondent be dissolved on the ground of desertion

and cruelty as enshrined in Section 27 (1) (c) and Section 27 (1) (d) of

the Special Marriage Act, 1954 respectively.

10. That the petitioner submits that apart from this application under

section 27 of the Special Marriage Act, 1954 no other similar

application and/or litigation is pending as between the parties herein

either before this Learned Court or any other Court in India.

11. That the prescribed court fee of Rs.100/- under Article 20 of Schedule

II of the West Bengal Court Fee (Amendment) Act, 2006 has been paid

on this application.

12. That the petitioner craves leave to submit the necessary documents at

the time of hearing of this instant application.

13. That this application is made bona fide and for ends of justice.
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Under the above circumstances the

Petitioner/Husband prays that Your

Honour would graciously be pleased to

dissolve the marriage solemnized

between the Petitioner/Husband and

the Respondent/Wife on 22nd

September, 2020 under the Special

Marriage Act, 1954 by a Decree of

Divorce under Section 27 (1) (c) and

Section 27 (1) (d) of the Special Marriage

Act, 1954 on the grounds that the

respondent since the date of

solemnization of marriage had deserted

the petitioner for more than two years

and has also treated the petitioner with

cruelty and also to pass such other

order or orders as Your Honour may

deem fit and proper.

And for this act of kindness, the petitioner/husband as in duty bound shall

ever pray.
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VERIFICATION

I, SRI CHANCHAL BERA, the Petitioner/Husband herein, do hereby verify

and state that the statements made herein are all true to the best of my

knowledge and belief and the rests are my humble submission before this

Learned Court. I sign this Verification on this …….. day of June, 2023 at

the Court Compound.

Prepared at my office: Verified by me,

Advocate CHANCHAL BERA

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AFFIDAVIT

I, SRI CHANCHAL BERA, son of Late Santosh Bera, aged about 39 years,

by faith - Hindu, by Nationality - Indian, by Occupation – Unemployed,

presently residing at Village- Bahirgram, Purba Para, Post Office and Police

Station- Panskura, District- Purba Medinipur, West Bengal, PIN- 721152,

do hereby solemnly affirm and declare as follows:

1. That I am the Petitioner/Husband herein and am well conversant with

the facts and circumstances of this case.

2. That the statements made in foregoing paragraphs are true to the best

of my knowledge and belief and the rests are my humble submissions

and/or prayer before this Learned Court.

Read over and explained by me Signature of the Deponent

Identified by me

Advocate
Advocate
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