Saturday, November 25, 2023

application under Section 24 of the Hindu Marriage Act

 

 

 

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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