BEFORE THE HONABLE COURT OF ALIPORE

IN THE MATTER OF

MR. DHARMENDAR SINGH PETITIONER

v.

MRS. SWARUPA SINGH RESPONDENT

MEMORANDUM ON BEHALF OF THE PETITIONER

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TABLE OF CONTENTS

Table of contents

List of Abbreviations

Index of Authority

Statement of Jurisdiction

Statement of facts

Statement of Issues

Summary of Arguments

Arguments advanced

Prayer
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LIST OF ABBREVIATIONS

Sl. No. Abbreviations Expansions

1. v. Versus

2. AIR All India Reporter

3. HC High Court

4. SC Supreme Court

5. SCC Supreme Court Cases

6. Ors. Others

7. Anr. Another

8. HON’BLE Honorable

9. Art. Article

10. IPC Indian Penal Code

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INDEX OF AUTHORITIES

CASES REFFERED:

1. Binod Anand Lakra v. Smt. Belulah Lakra and Anr. Pat 213, 1982 (30) BLJR 372
2. Subrata Kumar Bannerjee v. DiptiBannerjee AIR 1974 Cal 61, 77 CWN 944
3. A.J. Tulloch v. M.P. Tulloch and Anr. AIR 1975 Cal 243, 79 CWN 157
4. Arun Kumar Aggarwal v. RadhaArun and Anr. ILR 2004 KAR 808,2003 (6) KarLJ 120
5. Sikha Singh v. Dina Chakrabarty and Ors. Air 1982 Cal 370, 86 CWN 901
6. Dr. N.G. Dastane v. Mrs. S. Dastane AIR (1975) 2 SCC 326
7. GananathPattnaik v. State of Orissa AIR (2002) 2 SCC 619
8. Vinita Saxena v. Pankaj Pandit AIR (2006) 6 SCC 778

WEBSITES REFFERED:

● www.indiankanoon.org
● www.manupatra.com
● www.blog.ipleaders.in
● www.lawctopus.com

STATUTES REFFERED:
 Hindu Marriage Act, 1955
 Indian Divorce Act, 1869
 Special Marriage Act, 1954
 Indian Penal Code, 1860
BOOKS REFFERED:
 Dr. Paras Diwan, Modern Hindu Law(Allahabad Law Agency, 22nd edition).
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STATEMENT OF JURISDICTION

The Petitioner humbly submits to Hon’ble District Court of Alipore by way of filing a Divorce
case on the ground of cruelty and adultery under section 27 of Special Marriage Act, 1954.
The present memorandum sets forth the facts, contentions and arguments on the behalf of
petitioner.

Section 27

Divorce-(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be
presented to the District Court either by the husband or the wife on the ground that the respondent-

(a) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or
her spouse; or

(b) has deserted the petitioner for a continuous period of not less than two years immediately proceeding the
presentation of the petition; or

(c) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal
Code (45 of 1860); or

(d) has since the solemnization of the marriage treated the petitioner with cruelty; or

(e) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of
such a kind, and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
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STATEMENT OF FACTS

1. Mr. Dharmendar Singh is a marketing manager in FMCG company living in Alipore,

Kolkata. His marriage was fixed in the year 2012 with Swarupa Bannerjee who is a
graduate belonging to a wealthy family. The marriage took place under the Special
Marriage Act, 1954.
2. Dharmendar’s posting was not fixed at one place as a result he was transferred every
alternative year.
3. In the year 2013, due to frequent shifting at work of Swarupa’s husband, she decided to
stay with her parents at Jamsedpur.
4. In December 2014 Swarupa decided to meet Dharmendar in Jaipur where her husband
was transferred, she met with Dharmendar and they spend some time with each other.
5. On 20th January 2015 Swarupa returned back to her parental home, Swarupa decided to
work in order to pass her idle time and joined a Call-Center job where sometimes she
worked overnight.
6. Swarupa made a close friendship with one of her colleagues named Sourav with whom
she shared all her loneliness, feelings, thoughts, fancies she accompanied Sourav to the
hotels and parties and thus in this way a good friendship grew between them.
7. In the month of December 2017 she visited Dharmendar in Chennai where he was posted.
Dharmendar noticed an unusual behavior in her. It seemed to Dharmendar that she was
hiding something.
8. Some incident of Swarupa shocked Dharmendar like mixing excess chilly powder in the
food, keeping soap water in the bathroom floor, finding of pieces of glass in the food and
her complete change of behavior toward him.
9. Dharmendar on seeing all this incident adviced Swarupa to go back to her parental home
in Jamsedpur and to have a medical check-up.
10. On 5th January 2017 she came to her parental home and rejoined her job and she became
more close to Sourav as he used to take care of her and console her often when she
complained of her husband that Dharmendar do not give time to her anymore.
11. On 28th January 2017 Swarupa got an order from her boss that she had to stay back at
office the whole night along with Sourav in order to complete a deadline project. They
stayed back in the office.
12. On 16th February 2017 Swarupa was found pregnant. Meanwhile Dharmendar got the
news of the kind of friendship Swarupa was maintaining with Surav through What’s App
messages and the chat between both of them and also about the night stay at office with
Sourav.
13. Dharmendar refuses to accept Swarupa and her unborn child and filed a petition for
divorce on the ground of cruelty and adultery in the District Court of Alipore.
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ISSUES RAISED

1. Whether Dharmendar Singh is entitled to get a decree from the court on the ground of
cruelty and adultery?

2. Whether Swarupa has committed adultery with Sourav or not?

3. If Divorce is given, can Swarupa claim maintainance for her child?

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SUMMARY OF ARGUMENTS

1. Whether Dharmendar Singh is entitled to get a decree from the Court on the
ground of cruelty and adultery?

It is humbly submitted before the Hon’ble Court that the petitioner Dharmendar Singh should
be entitled to get a decree from the court on the ground of cruelty and adultery. From the
incident stated in the facts i.e; mixing excess chilly powder in the food, keeping soap water in
the bathroom floor, finding of pieces of glass in the food and her complete change of
behavior towards him states the committing of cruelty on part of respondent.

2. Whether Swarupa has committed adultery with Sourav or not?

It is humbly submitted before the Hon’ble Court that the respondent Swarupa had a very
close relationship with her colleague Sourav. It is clear from the facts that she might have
performed adultery during the time when she accompanied Sourav to hotels, parties or
when she had to stay back at office the whole night along with Sourav in order to
complete a deadline project.

4. If Divorce is given, can Swarupa claim maintainance for her child?

It is humbly submitted before the Hon’ble Court that even if divorce is given to the
respondent she cannot claim maintenance for her child because the child does not belongs
to the petitioner.
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ARGUMENTS ADVANCED

 Whether Dharmendar Singh is entitled to get a decree from the Court on the
ground of cruelty and adultery?

It is humbly submitted before the Hon’ble Court that the respondent has done some act
which is of cruelty and adultery towards the petitioner. And these acts like mixing excess
chilly powder in the food, keeping soap water in the bathroom floor, finding of pieces of
glass in the food were not due to unmindfulness or depression these were simply some
acts of cruelty.
It is also clear from the facts that the respondent had performed adultery with Sourav
because:
 On 20th January 2015 Swarupa herself decided and returned back to her parental home,
Swarupa decided to work in order to pass her idle time and joined a Call-Center job
where sometimes she worked overnight.
 Swarupa made a close friendship with her colleague named Sourav with whom she
shared all her loneliness, feelings, thoughts, fancies she accompanied Sourav to the hotels
and parties.
 On 5th January 2017 she came to her parental home and rejoined her job and she became
more close to Sourav as he used to take care of her and console her.
 On 28th January 2017 Swarupa got an order from her boss that she had to stay back at
office the whole night along with Sourav in order to complete a deadline project. They
stayed back in the office.

From these acts it is quite clear that Swarupa started getting very close to Sourav and she
might have committed adultery during this period.

 Whether Swarupa has committed adultery with Sourav or not?

It is humbly submitted before the Hon’ble Court that the respondent Swarupa had a very
close relationship with her colleague Sourav. It is clear from the facts that she might have
performed adultery during the time when she accompanied Sourav to hotels, parties or when
she had to stay back at office the whole night along with Sourav in order to complete a
deadline project. She even shared all her loneliness, feelings, thoughts, fancies and Sourav
used to take care of her and console her.
Section 13(1) (i) of the Hindu Marriage Act,1955 describes adultery as “ Any marriage
solemnized, whether before or after the commencement of this act may, on a petition
presented by either the husband or wife, be dissolved by a decree of divorce on the ground
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that the other party has, after the solemnization of the marriage, had voluntary sexual
intercourse with any person other than his or her spouse.

 If Divorce is given, can Swarupa claim maintainance for her child?

It is humbly submitted before the Hon’ble Court that even if divorce is given to the
respondent she cannot claim maintenance for her child because it is not proved that the
child belongs to the petitioner so there must be a paternity test before claiming
maintenance.
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PRAYER

Wherefore, in the light of the fact of the case, issues raised argument advanced and
authority cited; it is most respectfully submitted that this Hon’ble Court maybe pleased
to adjudged and declare that:

1. That the writ filed is valid and the petitioner gets a decree from Hon’ble
Court on the ground of cruelty and adultery.
2. That the respondent has committed an act of cruelty and adultery.
3. That if the divorce is given the respondent cannot claim maintenance for
her unborn child.

AND PASS ANY ORDER THAT THIS HON’BLE COURT MAY DEEM FIT IN THE
INTEREST OF EQUITY, JUSTICE AND GOOD CONSCIENCE.

AND FOR THE ACT OF KINDNESS, THE COUNCIL FOR PETITIONER SHALL
DUTY BOUND FOREVER PRAY.

SD/-

(COUNCIL FOR PETITIONER)