Petition for Warrant of Arrest against the Respondent

 

District: South 24 Parganas

In the Court of the Learned 10^th Judicial Magistrate at Alipore, South 24 Parganas

 

Misc.  Execution Case No.  335   Of 2024.

{ arising out of AC no. 746 of 2023 }

 

In the matter of:

Smt. Sumi Halder @ Sumi Dey, Wife of Gour Dey, daughter of Narayan halder, aged about 31 years, by faith Hindu, by Occupation House Wife, presently residing at premises being no. 21/1/C Vivekananda Road, Kolkata – 700075, Police Station - Surveypark, Post Office - Santoshpur, South 24 Parganas. Mobile Number : 9038600964

                                             ...... Petitioner.

-Vs-

Shri Gour Dey, Son of Samar Dey, residing at premises being no. 1/U, Motijhil Lane, Sealdah, Kolkata-700015, Police Station – Entali, Post Office – Tangra, South 24 Parganas. Mobile Number : 7980329475

                                                .........Respondent

Petition for Warrant of Arrest against the Respondent;

The Humble Petition on behalf of the Petitioner most respectfully;

Sheweth as under:

1.   That the petitioner has lodged an application under Section 12 of the Protection of Women from Domestic Violence Act 2005, against the respondent husband before the Learned Additional Chief judicial Magistrate, Alipore, South 24 Parganas, the said application has been registered as AC/746/2023. The said application has been transferred to the Learned Judicial Magistrate, 10^th Court, Alipore, South 24 Parganas. The said application has been finally decided on 17.02.2024. The operative portion of the order dated 17/02/2024 is reproduced herein as follows.

 

“That the instant case Under Section 12 of the Domestic Violence Act, is hereby allowed exparte and disposed of finally. The Respondent Husband is directed to pay an amount per month of Rs. 8,000/- for the petitioner/ destitute wife in view of the above observation.

The Respondent Husband is also directed to make such payment of Rs. 8,000/-, within 10^th day of each calendar month for which it falls due on and from 21/03/2023. The petitioner / destitute wife is at liberty to execute the instant Order as per the provision of the law in default of payment by the Respondent Husband. The arrears if any has to be paid by respondent/husband by 5 installment.”

 

2.   That even after the Learned Judicial Magistrate, 10^th Court, Alipore, South 24 Parganas, directed the respondent husband to pay an amount of Rs. 8000/- (Rupees Eight Thousand) per month to the petitioner/destitute wife in the said application AC/746/2023 on 17.02.2024. The respondent husband did not obliged to obey the direction emphasize in the order dated 17.02.2024 passed in AC/746/2023 by the Learned Judicial Magistrate, 10^th Court, Alipore, South 24 Parganas. Therefore the petitioner is still suffering in destitute condition in her day to day in her normal livelihood. The petitioner leading her life on the mercy of her parents and leading her life as hand to mouth.

 

3.   That the respondent husband did not also make any arrear payment to the petitioner/destitute wife till the day in placing this application before the Learned Court. The respondent husband wilfully defaulted in making payment of the petitioner wife as directed in terms of the order dated 17.02.2024 passed in AC/746/2023 by the Learned Judicial Magistrate, 10^th Court, Alipore, South 24 Parganas.

 

4.   That the petitioner wife made her communication through her Learned Advocate upon the respondent husband by a letter dated 15.04.2024, asking for compliance of the order dated 17.02.2024 passed in AC/746/2023 by Learned Judicial Magistrate, 10^th Court, Alipore, South 24 Parganas. The said letter has been sent through speed post on 15.04.2024. The said letter has duly been served on the respondent husband on         16.04.2024.

 

5.   That since the payment of maintenance of Rs. 8000/- (Rupees Eight Thousand) per month directed to make from the date 21.03.2023, therefore a sum of Rs. 96,000/- (Rupees Ninety Six Thousand) accrued as on 21.02.2024, due to wilful default of the respondent husband and disobedience of the Learned Court order dated 17.02.2024 passed in AC/746/2023 by the Learned Judicial Magistrate, 10^th Court, Alipore, South 24 Parganas.

 

6.   That the petitioner wife seeking execution of the order dated 17.02.2024 passed in AC/746/2023 by the Learned Judicial Magistrate, 10^th Court, Alipore, South 24 Parganas and the recovery of the accrued maintenance till 21.02.2024 in the terms of the prescribe provision of the law, preferred to lodge the present Execution Case against the husband, before the Learned Court.

 

7.   That the Learned Court was pleased to give the Notices of the present Execution Case upon the Respondent, by Order dated 22-04-2024, which the Respondent husband was in receipt as per report received and placed on the fixed date on 22/05/2024, in the present Execution Case before the Learned Court, therefore the Learned Court was pleased to issued D/W against the Respondent husband, fixed the date on 24/07/2024, which found not executed on the said fixed date. The Learned Court therefore again fixed the date on 04-09-2024, for Execution report of D/W, by the concerned local Police Station.

 

8.   That it is very clear and established cause has been appeared that the Respondent Husband did not obey the directions and order of the Learned Court. He chose himself in defying the Learned Court’s Order and directions. The Respondent has knowledge of the present Execution Case and the direction in form of D/W given by the Learned Court. The Respondent wilfully disobeying the Learned Court’s Order, resulting the Petitioner being destitute women victimized and deprived at the behest of the wilful disobeyance of the Respondent.

 

9.   That the Petitioner states that the Respondent is well staying and residing at the address given in the cause title of this application, though the Police did not act upon the direction of the execution of D/W against the Respondent, therefore the Petitioner seeks the issuance of the Warrant of Arrest against the Respondent Husband.

 

10.                That unless the learned court direct for the Warrant of Arrest against the Respondent Husband for enforcing compliance of the order dated 17.02.2024 passed in AC/746/2023 by the Learned Judicial Magistrate, 10^th Court, Alipore, South 24 Parganas, the petitioner wife will highly prejudice and suffer with irreparable loss and injury thereof.

 

11.                That this application is made bonafide in the interest of administration of justice.

 

 

 

 

It is therefore prayed that Your Honour would graciously be pleased to direct the Warrant of Arrest against the Respondent Husband for enforcing compliance of the order dated 17.02.2024 passed in AC/746/2023 by the Learned Judicial Magistrate, 10^th Court, Alipore, South 24 Parganas, to make the payments accrued since 21.03.2023 to 21.02.2024, asserting as sum of Rs. 96,000/- (Rupees Ninety Six thousand), to the petitioner wife and to further direct to respondent husband to make payment of maintenance in terms of the order dated 17.02.2024 passed in AC/746/2023 by the Learned Judicial Magistrate, 10^th Court, Alipore, South 24 Parganas, for the present continuing month by month to the petitioner wife, in the interest of administration of justice, and or to pass such other necessary order/orders, as your Honour may deem fit and proper for the end of justice.

 

And for this act of kindness, your petitioners as in duty bound shall ever pray   

 

 

VERIFICATION

 

I, Smt. Sumi Halder , being the Aggrieved person petitioner, made this application, and I am acquainted & conversant with the material facts as stated therein, & I verify and sign this application as on 4^th the day of September’ 2024, at Alipore Criminal Court premises, Alipore, Kolkata – 700 027.

 

 

 

 

 

 

 

 

AFFIDAVIT

 

I, Smt. Sumi Halder @ Sumi Dey, Wife of Gour Dey, daughter of Narayan halder, aged about 31 years, by faith Hindu, by Occupation House Wife, presently residing at premises being no. 21/1/C Vivekananda Road, Police Station- Surveypark, Post Office – Santoshpur, South 24 Parganas, Kolkata – 700075, do hereby solemnly affirmed and says as follows :

1.    That I am the aggrieved person petitioner in the present application placed for the execution of the Order dated 17.02.2024, passed in AC no. 746 of 2023, by the Learned 10^th Court, at Alipore, South 24 Parganas, against the Respondent / opposite party / husband.

 

2.    That I am acquainted & conversant with the material facts as stated therein & I am competent to swear this affidavit.

 

3.    That the statements made in paragraph nos. 1 to 8, are true to my knowledge and belief, and the rests are my humble submissions before the Learned Court.

That the above statements of my declarations are true to my knowledge and belief.

 

 

 

 

DEPONENT

Identified by me,

 

Advocate

Prepared in my Chamber;

 

 

Advocate

Date : 4^th September’ 2024.

Place : Alipore, Kolkata.

 

 

 

NOTARY