District:
South 24 Parganas
IN
THE COURT OF
THE LEARNED FAST TRACK 6TH ADJ
AT ALIPORE
Matrimonial Suit
No. 9 of 2013
Sib Sankar Bose
……………. Petitioner/ Husband
-Versus-
Rumpa Bose (Saha)
…………….. Respondent/ Wife
AFFIDAVIT AS TO EXAMINATION-IN-CHIEF
ON BEHALF OF THE PETITIONER/ HUSBEND SIB SANKAR BOSE UNDER ORDER 18 RULE 4 READ
WITH SECTION 151 CPC.
I, Sib
Sankar Bose son of Santosh Bose, aged about 39 years, by faith- Hindu,by
occupation- auto driver, residing at 3/119, Vidyasagar Colony, Naktala, P.S.
Patuli, Kolkata- 700047, District- South 24 Parganas, do hereby solemnly affirm
and say as follows :-
1. I am the petitioner/ husband of the
instant suit. I have filed this suit for restitution of conjugal right.
My marriage was solemnized between the respondent namely Rumpa Bose
(Saha) on 11th August 2005 at the house of respondents father i.e.
at 24 K.Sen Street, Nimta, P.S. Nimta, Belgharia, Kolkata- 700049 according to
Hindu rites and customs and all the necessary formalities were duly observed in
the said marriage like Saptapdi, Kushundika etc. and also that marriage was
registered by the marriage register on that day but the marriage certificate
has lying in respondent custody.
2. The aforesaid marriage was solemnized
by negotiation of the both parties and their respective parents taken active
role for solemnization of the said marriage and there was no demands from
either side excepting the gifts as the parties decided in their respective
desire and capacity.
3. That after solemnization of the said
marriage I started leading normal life with my wife and we reside at 3/119,
Vidyasagar Colony, P.S. Patuli, Kolkata-700047 alongwith my aged father, mother
and brother.
4. I am an auto driver and I have taken
a loan for bought that auto and for that reason I have regularly pay my EMI
i.e. Rs. and except that I have no any
other source of income.
Xerox copy of loan documents and statement of EMI are annexed herewith as
exhibit mark
5. After the aforesaid marriage my
married life was normal within one month after ‘Fulasajja’ which was held on 13th
August 2005 and that after respondent has been committing various offences as
well as cruel acts like thrown utensils regularly, without any intimation left
her matrimonial house any time and came bake next day and she always busy to
talk her many boyfriends, she never do their house work as house wife.
6. In several time my wife had started
to quarrel with me and always threatened me that she gave me a punishment with
the help of law. She always misbehaves with my aged mother and father but I
tolerated all sorts of noise and filthy words of my wife but she never try to
adjust my aged father and mother but they are tried to adjust him.
7. The respondent never lived in her matrimonial
house as a house wife whereas she always busy to talk with her many boyfriends
and if I want to request him to don’t do that thing then she use abusive
language towards me and always use to say that if the marriage would not be
dissolve she would commit suicide and this sort of threat is going on
regularly.
8. I have a male child who was born on
16th March, 2006 named Sagnik Bose and who is in the custody of your
respondent/wife at present.
9. On 26th August,2012 my
wife left her matrimonial house without any reason along with her son and also he took some gold
ornaments, some sarees and after that she never came back her matrimonial house
and at present she lived at her father’s house i.e. 24 K.Sen Street, Nimta,
P.S. Nimta, Belgharia, Kolkata- 700049.
10.
I further observed that my wife in extremely
greedy and her financial demands and requirements of luxurious items
gradually raised and started creating
pressure knowing the limited financial means and capacity of mine and whenever
I expressed my inability to provide such fanciful, costly and luxurious demands
of her, then she re-acted and used to call ‘son of a beggar’ and when I want to lead a happy conjugal life
with her as husband and wife but due to bad attitude of her alongwith some of
her inmates (i.e.her mother Smt. Aloka Saha) refused to lead a happy conjugal
life.
11.
In several time I and my family members went
to her father’s house and requested to your respondent for cam back to my house
for lead a happy conjugal life but your respondent refused that proposal with a
filthy language like ‘ Khanki Magi’ address to my aged mother and ‘Suorer
baccha’ etc. and also she said that she never came back her matrimonial house
whereas she demand Rs. 1,00,000/-(Rupees One Lacs) only from me foe dissolve
this marriage.
12.
No other option to bring her back I lodged one
missing diary and also submit one written complaint against the respondent and
her family members to Patuli Police station on 26.08.2012 and also I inform the
matter to the Additional Deputy Police Commissioner-II, Barracpore, 24 Parganas
(North),Belgharia, Assistant Police Commissioner, Barracpore, 24 Parganas
(North),Belgharia, Police Commissioner, Barracpore, 24 Parganas (North), and
Inspector-in-Charge of Nimta P.S. and also I inform the matter to the Secretary
of Vidyasagar refuse Committee, Kolkata by written version.
Xerox copy of complain letter,diary and all letters are annexed herewith
as exhibit mark
13.
If my wife comes back to her matrimonial house
then without any hesitation I am ready to accept my wife with great honor and
respect.
14.
That after my wife filed a criminal Misc. case
310 of 2012 U/s 125 of Cr.PC. against me for demanding for maintenance cost for
him and her child which is pending before the Ld. 2nd Judicial
Magistrate at Barrackpore.
15.
That I submit my wife has left her matrimonial
house willfully and intentionally and deliberately and for her personal gain
and interest and ill-motive.
16.
That in the aforesaid facts and circumstances
I have been compelled to file the present suit for a restitution of conjugal
right against my wife and there is no reason to refuse the prayer of me as made
in the original suit.
17.
Not a fact that my original suit is not
maintainable.
18.
Not a fact that I have filed my suit on some
false, baseless, concocted and manufactured stories.
19.
Not a fact the parents, relatives and others
gave several gifts and presents to the respondent as per the demand made by me
and my relatives.
20.
Not a fact gold necklace, 4 pieces bangle,
ear-ring and Rs. 30,000/- was given to me and not a fact that 22” Samsung
colour TV, Godrej Refrigerator, various utensils and many saree were given to
me and also not a fact that my parents were pressure to the respondent’s father
to provide big size kurlon mattress, show-case, dressing table, micro oven,
sofa- cum- bad, aquarium etc.
21.
Not a fact that your respondent physically
tortured by me and not a fact that my mother, sister started to any blames to
the respondent that I am not the father of my child.
22.
Not a fact that I have made any blame to the
respondent that she had stolen money and golden ornaments.
23.
Not a fact that the respondent has tortured
and cruelty caused by me and my family members and it is false allegation that
I have claimed Rs. 40,000/- from the respondent.
24.
Not a fact that I have not maintain the daily
expenses or not arrange proper food and clothes for respondent and her child
whereas every time I have maintain and I bear full expenses for food and
clothes for respondent and my child.
All the allegation and claims by the respondent through her written
statement are false and baseless and the same has been filed by the respondent motivated
only to deprive me.
I am praying relief as per prayer of my original suit.
All the statements made above are true to my knowledge.
Prepared in my chamber &
Read over and explained by me
In Bengali.
-----------------------------
Advocate
Deponent
Known to me
Advocate
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