DISTRICT- SOUTH 24 PARGANAS
In the court of Learned 6th Judicial Magistrate at Alipore
Misc. Case No. 7 of 2015
IN THE MATTER OF :
Dr. AMRITA CHAKRABARTI, wife of. Koustav
Bhattacharya, daughter of Late Santipada
Chakrabarti, GC-44, Sector-III, Salt Lake City,
P.S- Bidhan Nagar (South), Kolkata-700106.
VERSUS
Dr. KOUSTAV BHATTACHARYA, son of Dr.
Bhaskar Bhattacharya, of 13A, Shyamananda
Road, flat no 2-S, P.S Bhawanipore,Kolkata-
700025, presently residing at 1000SW Vista,
Ave#504, Portland, working for gain.
AN APPLICATION UNDER SECTION 125 OF CRIMINAL PROCEDURE CODE.
The humble petition on behalf of the
petitioner/wife;
Most respectfully sheweth:-
1).. That petitioner and the opposite party legally married as husband and wife. The marriage was solemnized on 4th july, 2009 the parties according to the provision of Special Marriage Act, 1954 on 04.07.2009, having his office at HA-59,Sector-III,Saltlake Post office Purbanchal, Kolkata- 700097, before the marriage register Milan Kumar Saha.
2).. thereafter social marriage took place on 01.06.2010 at her matrimonial house and the petitioner and the respondent started there a matrimonial life at the address at Bhowanipore as mentioned in the cause title.
3).. Thereafterfew days staying over the said address the petitioner and opposite party flew to USA as the opposite party has been working with Intel corporation, USA having its Registered office and stayed there till May, 2011, as a happy married couple holding the equal status with her husband.
4)..That the petitioner wife is a student and after completion of her MBBS she is studying DNB at Apollo Gleneagles Hospital and get up a spend to the tune of Rs.28,000/- per month for her further education as mentioned above. But, the Rs.28,000/- is used to spend for her DNR program though the said stripen of Rs.28,000/- is not enough for her DNR programme.
5).. The opposite party/ husband is working as a computer architect in Intel corporation USAhaving his office and used to earn Rs10,00,000/- (INR)(rupees ten lacs )only as salary per month and he has no dependent upon him . The opposite party since the month of May 2011 refused and neglected to maintain the petitioner / wife being the legally wedded wife of the opposite party.on the other hand the petitioner has no income on her own . It is pertinent to mention here that the opposite party/ husband filed a matrimonial suit before the learned district judge at Alipore being computer mat suit no .2819, which has been transferred to the learned 7th Additional District Judge at Alipore beingMat.suit no 7 of 2012 on the ground of cruelty and desertion .But after a contested hearing the learned court was pleased to dismissed the said suit on 12.06.2014.
6).. That inspite of being aware about the judgement& decree passed by the Learned 7th Additional District Judge, the opposite party refused to take the petitioner at her matrimonial house inspite of several efforts.
7).. That the allegation made by the opposite party in his matrimonial suit has been turned down by the Ld. 7th A.D.J. at alipore which amounts to mental cruelty against the petitioner. Not only thatit is pertinent to mention here that during staying at USA, the opposite party and his father consuming alchohol caused tortured upon the petitioner mentally on the ground that the mother of your petitioner as unable to arrange Luxurious marriage ceremony as per the status of the O.P. family and also failed to provide valuable gifts and articles to the O.P. and his relations.
8).. That the dream of a happy married life of the petitioner came to an end due to the cruel and negligent attitude of the opposite party and his father. In drunken condition the father-in-law regularly abused the petitioner in filthy languages during her staying in USA, knowing the same her husband did not take any step to prevent such nuisance.
9).. That the petitioner is interestedto persue her further education, requested to her husband to take initiative to get admission in USA, on hearing such request, the O.P. get more furious abused the petitioner more filthily, asked your petitioner to bring the entire amount of expenditure from her ailing mother.
On such condition the petitioner was directed to continue her further education in India, also assured her back to USA on completion of further education.
10).. That on compelling circumstances your petitioner returned to India, since then the O.P. never enquired about the petitioner refused to maintain his wife till date.
11).. That just after marriage the O.P. took the custody of all the expensive ornaments of the petitioner which were gifted to her by her mother brother and other relatives and till those ornaments are in his custody.
12).. The opposite party always suffering from complex and outcome of the same was the rough, rude and negligent attitude toward the petitioner.
13).. That since the month of May,2011 the petitioner was mentally and financially dependent upon her mother and brother, inspite of knowing the same the opposite party/husband all along refused and neglected to maintain the petitioner even being his legally married wife.
14).. In view of the above your petitioner is very much entitled to get maintencence @Rs. 1.5 lacs per month as status of the opposite party.
15).. That your petitioner crave liberty to file relevant paper documents to corroborate with the statement made above during the course of trial.
16).. That the petition is made bonafide for the ends of justice.
It is therefore humbly prayed that your Honour
party for the above stated reason and/or may pass
such order or orders as your honour may deem fit
to provide maintenance @Rs.1.5 lac per month,
to the petitioner, as per the status of the opposite
would be graciously be pleased to pass an order
and proper for end of justice.
And your petitioner as in duty bound shall every pray.
AFFIDAVIT
I, DR. AMRITA CHAKRABARTI, wife of Dr. koustav Bhattacharya, daughter of late SantipadaChakrabarti, GC-44, sector-III, Saltlake City, P.S>Bidhannagar (south), Kolkata- 700106, Aged about 35 years, occupation-post graduate student by faith Hindu do hereby solemnly affirm and submit as follows:-
1) That I am the petitioner in the instant case and I am well acquainted with the facts and circumstances of the case.
2) That statement contained in 1 to 16 are true to my knowledge and rests are my humble submission before the Learned Court.
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