MAT. SUIT NO. 11 OF 2025, REGT. NO. 11 OF 2025.
WBDD04 000135 2025.
DISTRICT: DAKSHIN DINAJPUR
IN THE COURT OF THE CIVIL JUDGE, JUNIOR DIVISION,
BALURGHAT
PRESENT: SMT. RANJANI KASHYAP.
MAT. SUIT NO. 11 OF 2025, [REGT. NO. 11/2025]
WBDD04 000135 2025 [J.O. CODE WB 1339]
Dated: 17th DAY OF MARCH, 2026.
JULEKHA BANU. .....…........PETITIONER.
VS
AHEDUR MONDAL. .........OPPOSITE PARTY.
MONALISHA CHAKRABORTY. ….................Advocate for
Petitioner.
And having stood for consideration to this day, the Court
passed the following final ex parte order:-
This is a suit for dissolution of marriage tie Under S.
2of the dissolution of Muslim Marriage Act., 1939.
Order no. 06 dated 17.01.2026:
Today is fixed for final ex parte order.
Petitioner files hazira.
The matter is taken up for passing order.
This is a suit for dissolution of marriage under section 2
of the dissolution of Muslim Marriage Act, 1939.
The facts of the case is that, the marriage between the
parties was solemnized on 01.11.2023 as per Muslim rites and
customs and the Mohorana/Dower was fixed at Rs. 21,500/-
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MAT. SUIT NO. 11 OF 2025, REGT. NO. 11 OF 2025.
WBDD04 000135 2025.
and the marriage was registered on 30.11.2023 before the
Muslim Marriage Registrar namely Mansur Ali Sarkar. During
the said marriage the father of the petitioner gave one cot, one
refrigerator, one showcase, one dressing table other utensils
and one finger ring to the respondent. and his family as per
their demand. After their marriage, they started to live as
husband and wife in the house of respondent . Petitioner was
subjected to cruelty and negligence by the respondent . and his
family members they even inflicted torture upon the petitioner
both physically and mentally and pressurized her to bring
money and more gold ornaments from her father. At the time of
marriage, the petitioner was a student of B.A. 3 rd Year of
Gangarampur Collage, and after marriage when petitioner
expressed her wish to complete her education, the OP and his
family member did not show any interest. The mother-in-law of
the petitioner used used to pressurise the petitioner to do all
the household work and to forget her dreams. When petitioner
insisted to go to her father’s house for the purpose of
examination on 26.06.2024 and went there and after
completion of B.A. final examination when she returned on
27.07.2024, the respondent . and his family members inflicted
mental physical torture upon the petitioner and the torture kept
on increasing and on 27.09.2024, petitioner was left by the
respondent at her parental house and thereafter OP made no
communication with the petitioner. Petitioner files one
criminal case against the respondent u/s 85 of BNS which has
been registered as GR case no. 995 of 2025.
Summons was duly served upon the respondent but he
did not appear to contest the suit. Hence, the suit proceeded ex-
parte against him.
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MAT. SUIT NO. 11 OF 2025, REGT. NO. 11 OF 2025.
WBDD04 000135 2025.
The petitioner namely Julekha Banu has deposed herself
as PW1 in this suit. She adduced some documents being her
original voter identity card and the same was marked as
Exhibit-1, original copy of marriage certificate whereby name of
husband is mentioned as Ahedur Mondal and the same was
marked as Exhibit-2 and also filed received copy of FIR as well
as copy of formal FIR and the same was marked as Exhibit-3
collectively.
On perusal of the plaint, it becomes clear that the
petitioner has filed the instant suit for dissolution of marriage
u/s 2(ii)(viii)(a) of the dissolution of Muslim Marriage Act, 1939
read with section 325 of the Mohammedan Law. At the outset it
may be mentioned that the said provisions are grounds
available to wife under the Muslim personal law.
Now, it is necessary to mention here in this context that,
this being a suit for dissolution of marriage filed by the
petitioner claiming herself to be the wife of the respondent , the
main question involved in the present suit is as to whether the
parties to this suit are married to each other or not. If the said
question is decided in assertive then this court will proceed with
further adjudication.
It is settled principle of law that the petitioner has to
prove her case on her own strength. Petitioner adduced one
document being her marriage certificate whereby name of
husband is mentioned as Ahedur Mondal and the same was
marked as Exhibit-2.
Also respondent did not appear before this Court inspite
of summons being duly served.
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MAT. SUIT NO. 11 OF 2025, REGT. NO. 11 OF 2025.
WBDD04 000135 2025.
Considering the unchallenged testimony of the petitioner,
I have no hesitation to hold that petitioner is able to prove her
case and she is entitled to get a decree of divorce as prayed for.
Court fees paid is correct.
Hence, it is,
ORDERED
That the suit be and the same is liable to be decreed ex
parte but without any order as to cost.
It is hereby declared that the marriage solemnized
between the petitioner and the respondent on 01.11.2023 and
registered on 30.11.2023 is hereby dissolved.
The petitioner and respondent are hence not wife and
husband any further and that a decree for divorce is hereby
ordered.
The suit is accordingly disposed of.
Note in relevant registers.
D/C by me :
Civil Judge (Jr. Divn.), Civil Judge (Jr. Divn.),
Balurghat, Dakshin Dinajpur Balurghat, Dakshin Dinajpur