District: South 24
parganas
IN THE COURT OF THE LEARNED 16th ADDL. DISTRICT JUDGE AT ALIPORE
Miscellaneous Case no.
of 2014
(Arising out of Mat suit No. 9 of 2013)
Smt. Shila Chowdhury
……………. Petitioner/Wife
-Versus-
Sri Binod Chowdhury
……………. Respondent/Husband
AN APPLICATION UNDER SECTION 24 OF THE HINDU MARRIAGE ACT,
1955
The Humble petition on
behalf of the above
named Petitioner/Wife.
Most Respectfully
Sheweth:-
1. That the wife/petitioner of the above
named suit is the legally married wife of the respondent/Husband and their
marriage was solemnized on 03.03.2001 according to Hindu rites and customs and
out of their marital wedlock a female child was born on 13.12.2001 and another
female child was born on 23.04.2004, who are called and known as “Shikha
Chowdhury” and “Neha Chowdhury” respectively.
2. That both the daughters were admitted
to school at St. Stephen’s School,Keorapukur Branch and the elder one i.e.
Shikha Chowdhury is studying in standard VI and younger one i.e. Neha Chowdhury
is studying in standard IV.
3. That since after marriage the
respondent and his relatives started to inflict physical and mental torture
upon the wife/petitioner for demand of money and the degree of torture upon the
wife gradually increased day by day and also the respondent has regular habit
to return back in drunken condition and on protest he used to beat the
petitioner mercilessly and even did not spare the children to beat them making
their life at stake and ultimately on 30.07.2012 she was driven out from her
matrimonial home with her two minor daughter in a single apparel and since then
she was compelled to live at her distant relative’s house with her two minor
daughters.
4. That thereafter when her husband
never took any information about her and their minor daughters and refused to
pay any sort of maintenance to her and she on 03.08.2012 filed a case of
maintenance as well as interim maintenance before the Court of the Learned ACJM
at Alipore, South 24 Parganas for herself and her minor daughters which
subsequently transferred to the 10th Court of the Learned Judicial
Magistrate at Alipore for its disposal and after hearing of the interim
maintenance the Ld. Court was pleased to pass an order where Ld. Court
directing the husband to pay
the petitioner/wife a monthly sum of
Rs. 2000/-only as interim maintenance for their minor daughter but the
respondent/husband willfully neglecting/violating that Ld. 10th J.M.
Court’s order and the said case is still pending for final hearing.
5. That after receiving the information
about the filing of the maintenance case on 03.08.2012 the husband along with
his mother, father, brother’s, sister’s and one of his friend came to the
relative house of your petitioner/ wife, also abused her with filthy languages
and assaulted her, for which she was medically treated by the doctor and the
incident was reported to the police.
6. That the respondent/wife has got no
independent source of income of her own whatsoever. On the other hand the
respondent/husband is working at a Leather bag Company namely M/s. R.Tiwari,
Gariahat, opposite to Basanti Devi Collage and earns Rs.8000/- per month as
salary and he has lot of property. But the respondent inspite of having sufficient
means did not take any information of his wife or child’s nor sent any money
for their survival.
7. That considering the present social
and pecuniary status of the petitioner/husband the respondent/wife/petitioner
herein requires a monthly allowance of Rs.5000/- only per month for herself as
alimony, Rs.5000/- for their daughter’s and a lump sum amount of Rs. 25,000/-
for expenses of the legal proceeding i.e. cost of litigation.
8. That the application is made bonafide
and for the ends of justice.
Under the circumstances, the petitioner/wife,
humbly prays, that Your Honour may be pleased
to order the husband/respondent
to pay
respondent/wife a monthly sum of Rs.5, 000/-
only as alimony for the respondent/wife,
Rs. 5000/- for their
daughter’s and Rs.25, 000/-
for cost of litigation and may pass necessary
order or orders as your Honour may deem fit
and proper for the ends of justice.
And for the act of kindness, your
petitioner as in duty bound, shall ever pray.
AFFIDAVIT
I, Smt. Shila Chowdhury(Singh), wife
of Sri. Binod Chowdhury, daughter of late Subdar Singh, aged about 28 years, by
faith- Hindu, by occupation- Household duties, residing at 5, Deb Narayan Banerjee
Lane, P.S. Chetla, Kolkata-700027, do hereby solemnly affirm and declare as
follows :-
1.
That
I am the petitioner wife of the above application and I am well conversant with
the facts and circumstances of the case and I am competent to swear this affidavit.
2.
That
the statements made in the paragraph nos. 1 to 7 of the foregoing paragraphs
are all true to my knowledge, information and belief and the rest thereof are
my humble submission before this learned Court.
-----------------------------
DEPONENT
Readover, explained in Bengali
and Identified by me.
Advocate
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