13B - Witness Affidavit - Balgoapl

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Family Suit (HMP) No.

595 /2024

IN THE COURT OF HONOURABLE PRINCIPAL FAMILY


COURT JUDGE AT VADODARA
PETITIONERS:

1. Balgopal Radhakrishnan
2. Ruchita D/o Ravindra Dey
W/o Balgopal Radhakrishnan

Affidavit of Examination of Chief of Witness

I, Sumathy Radhakrishnan, Aged: Adult ,


Occupation : ......................, Residing at:-H-501, Shreeji Vandan, Gotri
Talav Road, Nr. Ambica Nagar, Gotri, Vadodara, Mother of the
Petitioner No: 1 in the present Petition being conversant with the facts of
the case do hereby solemnly state on oath as under:

1. I state that I am the mother of Petitioner No. 1 and the marriage of


both petitioners were solemnized in presence of the family
members, relatives, friends and colleagues of the petitioner
according to Hindu rites, rituals and ceremonies at Gotri Ayyappa
Temple, Gotri, Vadodara on 7th December, 2020 and that
petitioners have subsequently applied for registration of the said
marriage, which was eventually Registered vide registration Sr.
No. 00543 of Volume 2 of register of marriages before competent
officer i.e. Registrar of Marriage, Vadodara Municipal Corporation
on 19th Jan, 2021.

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2. I State that both Petitioners after their marriage had started living
together at above mentioned address of Petitioner No. 1 at
Vadodara. It is most humbly submitted that the approach and
outlook of both the petitioners for various important and pivotal
facts, features and elements in life are diametrically different. Both
the petitioners therefore though lived under matrimonial ties under
the same roof, the differences as were cropped up resulted in
practically a breakdown of marriage and the matrimonial life
between the parties did not really served any fruitful association
while it existed/ remained only on paper with no existence either in
fact or truly in their life.

3. I state that Both the Petitioners have been started living


independently and separately since November-2022 i.e. after a
period of almost around 2 year of the marriage. It is most humbly
submitted that the petitioners have thereafter living and leading
their life separately since November-2022 till date, which is a
almost period of over 1.5 years till the institution of the present
petition. It is most humbly submitted that I and petitioner No 1
have thereafter living and leading their life separately since
November-2022 till date, which is an almost period of over 1.5
years till the institution of the present petition, and thereby have
had no marital relations since then. I also submitted that the
Petitioner No. 1 worked and resided with at the address as is
mentioned in the title clause of the present petition. and Petitioner
No. 2 is resided with her maiden home.

4. I state that both the Petitioners have not been able to live together
due to conjugal incompatibility and there is no possibility of the
petitioners to amend or reconcile the situation. Therefore, it is not
possible for the petitioners now to live together as husband and

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wife in any manner whatsoever. I also state that the Both
Petitioners hereto have made sincere and bonafide attempts to
bring about reconciliation amongst themselves through the
intervention of friends and senior family members. However, all
such attempts have failed and there is irretrievable break down of
the marriage between them. Under the circumstances, it is no
longer possible for them to live together peacefully as husband and
wife and the matrimony does not exist at all between the
petitioners and the same ought to be brought to an end by way of
divorce by mutual consent as is decided by the Both petitioners
hereto in accordance with the terms agreed upon by and between
the petitioners hereto in furtherance of the present petition.
Hence, the present petition for divorce by mutual consent.

5. I most humbly submit that both Petitioners, our family members


and well-wishers have made sincere efforts to resolve their
differences as having cropped up and subsisting till date and to
reconcile, including professional counseling and informal
mediation being carried out, but all such efforts have failed
confirming the fact of irretrievable break down of marriage
between parties hereto having become the reality.

6. I state that over One and half (1.5) years has passed from the date
of the Petitioners’ marriage, i.e. 07.12.2020, to the date of this
petition and parties are even living separately since November
2022.

7. I state that the Honorable Court be pleased to pass a decree of


divorce under the Hindu Marriage Act, 1955 declaring that the
marriage of the Petitioners on 07.12.2020, which registered on
19.01.2021 vide Certificate of registration bearing Sr. No. 00543
of Volume 02 of register of marriages before Registrar of

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Marriages, at Vadodara be dissolved from the date of such decree
and accordingly the decree of divorce may kindly be passed in
favor of the petitioners dissolving the marriage between the parties
hereto and the yadi of the same may kindly be ordered to be sent to
Registrar of Marriages, Vadodara to effectuate the decree of
divorce.

Place:Vadodara
Date:19.07.2024 _____________________

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