District 24 Parganas(South)

In the Court of Ld. 8th Additional District Judge(Alipore Court)

Mat suit 62 of 2015
Poulami Banerjee Petitioner/wife
Versus
Anindo Banerjee Respondent/husband
Most Respectfully Shewith

1. That aforesaid petitioner /wife has filed the aforesaid this suit u/s 13(1)
(ia)(ib) of the Hindu Marriage Act ,1955 before your honour and your
humble respondent/husband has received the summons to appear before
your honour for the same.
2. That your honours attention is drawn to the fact an suit u/s 9 of the
Hindu Marriage Act ,1955 (i.e. Mat 25 of 2013) is pending before your
honour since the year 2013 wherein your humble respondent/husband in
the present suit is the petitioner and the petitioner/ wife in the present
suit is the respondent.
3. That it brought to the kind notice of your honour that in present suit the
petitioner/wife(respondent in the former suit ) has given a different
address of residence vis a-vis the former suit but no notice of change in
address of residence was given by her any time during the pendency of
the former suit (i.e. Mat 25 of 2013).
4. That it is also brought to the kind notice of your honour that in the former
suit(i.e. Mat 25 of 2013) the issues have already been framed and the date
has been fixed for hearing and further reconciliation on 27/08/2015.
5. That it in the former suit(i.e Mat 25 of 2013) no counter claim/relief had
been claimed by the respondent/wife(petitioner in the present suit) u/s 13
at the time of her filing the written statement or any time thereafter
before the framing of issues in the former suit by your gracious honour.
6. That in the former suit(i.e. Mat 25 of 2013) several dates had been fixed
by your honour to bring about an reconciliation between the parties but
reconciliation could not take place so far due to the absence of the
respondent/wife(i.e. petitioner in the present suit). Finally by the order
dated 03/08/2015, your gracious honour was pleased to find the
reconciliation to have failed due to reluctance of the respondent/wife to
attend the same.
7. That during the hearing of the former suit(i.e. Mat 25 of 2013) on
03/07/2015 the respondent /wife has prayed for further reconciliation and

your gracious honour was pleased to allow the same and fixed 27/08/2015
as the date for further reconciliation. It is brought to the kind attention of
your honour that she has filed this suit(Mat 62 of 2015) before The
Learned District Judge, Alipore on 22/06/2015(i.e. before 03/07/2015)
wherein she has stated under affidavit in para 23 of the said application
that there are no chances of reconciliation between the parties. Thus the
conduct of petitioner/wife(respondent in the former suit) appears to be
both self contradictory as well as self defeating and as such makes the
present suit infructuous.
8. That since the filing of the of the former suit(i.e. Mat 25 of 2013) of the
petitioner/wife in the present suit(i.e. respondent in the former suit) has
adopted various means to frustrate the honest intention of your humble
respondent/husband(i.e. petitioner in the former suit) for restitution of his
conjugal rights and shown reluctance to contest the said suit as apparent
from the records of the former suit (Mat 25 of 2013) and your humble
respondent/husband(petitioner in the former suit) has reasons to believe
that the present suit is also another attempt to frustrate the former suit.
9. That your humble respondent/husband has reasons to believe that the
petitioner/wife does not have clean hands and intends to take advantage
of her own wrong.
10.That your humble respondent (the petitioner in the former suit) has
reasons to believe that (i.e. Mat 62 of 2015) is of such nature where the
matter in issue is directly and substantially in issue in the previously
instituted suit(i.e. Mat 25 of 2013) and also the parties in the suit are same
so the present suit fulfils all the conditions for stay of suit as envisaged for
stay of a subsequently instituted suit provided u/s 10 of The Code of Civil
Procedure and so the continuance of the present suit will cause grave
injury to your humble respondent/husband(petitioner in the former suit).

It is therefore prayed that your Honour would

graciously pleased to
A) Stay the present suit till the final disposal
of the previously instituted suit (Mat 25 of
2013).
B) Provide your humble respondent any such
relief which may deemed to be just and
equitable of the given circumstances.
And your petitioner, as is bound, shall ever pray