Brief notes of Argument in Criminal Revision before Session Court

 

In the Court of the Learned 7^th Additional District Session Judge, at Alipore, South 24 Parganas

 

Criminal Motion No.        270 of 2022

 

                                                          In the matter of ;

Shri Subrata Mondal,

                             _______Petitioner

-      Versus –

Shri Kartik Mondal & Another,

          _______Opposite Parties

 

Brief notes of argument

 

1.    Your Petitioner is presently aged about 29 years old is only Son of the Opposite Party, who married in the year 2019. The Petitioner is a married person having his Spouse namely Smt. Aparna Mondal, and having a minor male child born in the year 2021, namely Sadhvik Mondal. The Petitioner have one Elder Sister namely Smt. Tumpa Mondal, who married in the year 2010, and thereafter she is staying at her matrimonial house at Santoshpur, Kolkata.

 

2.    The Petitioner is looking after and caring his old aged mother Smt. Putul Mondal, Grand Mother Smt. Raboti Mondal, who died recently, his Father Sri Kartik Mondal, and his Wife and minor child, out of his earning as Rs. 10,661/- ( rupees Ten Thousand and Six Hundred and Sixty One ) only.

 

3.    The Petitioner and his mother experienced much immoral behavior of the Opposite Party no.1, Sri Kartik Mondal, in their life and still experiencing. The Opposite Party no. 1, Sri Kartik Mondal, is in illicit relationship with one lady, all along, therefore most of his earning spend on his unwarranted choices. The opposite party did not take care of the petitioner and his mother.  The petitioner followed his mother’s word and education to prevail the protection and care of the family members without uttering any words to the opposite party. The Petitioner’s income is much limited and on paper as given by the Employer.

 

4.    The O.P. No. 1, Sri Kartik Mondal, is still working and thereby earning sufficiently, and since the opposite party working freelance therefore it is much difficult to ascertain his exact income unless he himself depose in that respect, which he will not do, as he is claiming maintenance from the petitioner with his oblique motive.

 

5.    The O.P. No. 1, Sri Kartik Mondal, is much healthy, as he is not suffering with any ailment, so far. He is leading his life at his own terms, he did not care to prevail moral obligations and bondage of the relationship within the family.

 

6.    The Petitioner is earning a sum of Rs. 10,661/- ( rupees Ten Thousand and Six Hundred and Sixty One ) only, from his employer, and thereby maintaining his (1) mother, (2) wife, (3) minor male child of 2 years old, (4) himself, and (5) paying Rs. 2,500/- (Rupees Two Thousand and Five Hundred) only to the Opposite Party number 1, Sri Kartik Mondal, in terms of the Order of the Learned Court. In maintaining the family members your petitioner’s income is not sufficient and therefore your petitioner is in need to borrow money from his friend and relatives.

 

In the given situation, the O.P. No.1, Kartik Mondal is not entitled to get any interim maintenance, prevailing moral duty & obligation as well as the Law of Land.

 

Dated : 1^st day of August’ 2023.