District: South 24
parganas
IN THE COURT OF THE LEARNED 10th JUDICIAL MAGISTRATE AT ALIPORE
Miscellaneous Case no.
of 2014
(Arising out of ACM 403 of 2012)
Smt. Shila Chowdhury
Wife of Binod Chowdhury
Daughter of Late Subdar Chowdhury
of
5,Deb Narayan Banerjee Lane
P.S. Chetla, Kolkata-70027
……………. Petitioner/Wife
-Versus-
Sri Binod Chowdhury
Son of Hiralal Chowdhury
Residing at B-81,Sukanta Pally
Keorapukar,Kolkata-700082
……………. Respondent/Husband
AN APPLICATION FOR RESTORATION THE CASE BEING NO.ACM 403 OF
2012
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 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 the above 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 before your Honour’s Court 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 your Honour’s order.
3. That the opposite party has appeared
this case by filing vakalatnama and he also contests the case by filing show
cause.
4. That the case was fixed for evidence
and on 06.09.2014 your petitioner was present before your Honour’s Court for
filing her affidavit-in-chief but due to not present of the opposite party your
Honour fixed an another date for evidence and necessary order may passed but
unfortunately your
5. Honour passed the order of show cause
against your petitioner whereas your petitioner was present on that day but the
opposite party always absent in every date.
6. That the Learned court was pleased to fixed a
date i.e. 20.09.2014 for show cause and that due to out of station your
petitioner could not before your Honour’s court that day and her Learned
Advocate filed a hazira but unfortunately your Honour dismissed the case for
non –prosecution.
7. That your petitioner states that
there is no willful default and/or latches on the part of your petitioner for
the aforesaid mater whereas her Ld. Advocate does not filed any show cause
petition and due to unforeseen circumstances which was beyond the control of
your petitioner, your petitioner could not proceed on the said day.
8. That your petitioner at all material time have
diligently and assiduously conducted the above case and has taken all necessary
steps in this connection therewith the dismissal of the aforesaid case on
20.09.2014 was beyond your petitioner control and due to unavoidable
circumstances and your petitioner humbly prays for recalling of the said order
dated 20.09.2014 .
9. That in the above premises it is
necessary to set aside the order of dismissal of the aforesaid maintenance case
dated 20.09.2014 the same be restored to the original file otherwise your
petitioner shall suffer irreparable loss and injury.
10.
That
the petition is made bonafide and for ends of justice.
Therefore, your petitioner most humbly prays
that your Honour would graciously be pleased
to
set-aside the order of dismissal of the afore-
said maintenance case dated 20.09.2014 and
restore the same in its original file and also be
pleased to pass such other order or orders as
your Honour may deem fit and proper.
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 9 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
Prepared in my chamber Readover, explained in
Bengali
and Identified by me.
Advocate
Advocate
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