District
: South 24 Parganas
In
the Court of the Learned 9th Judicial Magistrate, Alipore, South 24
Parganas
Misc.
Case no. AC/745/2023
In
the matter of ;
Smt.
PutulMondal, Wife of Sri KartikMondal, aged about 50 years, residing at Premises
being no. C/42, Jamuna Nagar, Post Office – Mukundapur, Police Station – Purba Jadavpur,
Kolkata – 700099, District – South 24 Parganas.
________Aggrieved Person
P.S.
: Purba Jadavpur
-
Versus
–
KartikMondal,
Son of Late ShreekantoMondal, aged about 61 years, residing at Premises being
no. C/42, Jamuna Nagar, Post Office – Mukundapur, Police Station –
PurbaJadavpur, Kolkata – 700099, District – South 24 Parganas, and also at
Premises being no. H/20, Baghajatin, Police Station – Netaji Nagar, Kolkata –
700093, District South 24 Parganas.
___________Respondent
Evidence on Affidavit by the Aggrieved Person;
AFFIDAVIT
I, Smt. Putul Mondal,
Wife of Sri Kartik Mondal, aged about 51 years, by faith Hindu, by Occupation
House Wife, residing at Premises being no. C/42, Jamuna Nagar, Post Office –
Mukundapur, Police Station – Purba Jadavpur, Kolkata – 700099, District – South
24 Parganas, do hereby solemnly affirm and says as follows;
1. That I am the
aggrieved person in the present application. I am acquainted and conversant
with the material facts stated in the foregoing paragraph of this application.
I am competent to swear this affidavit.
2. That I beg to
say that the aggrieved person married with the respondent in the year 1989,
after solemnization of their marriage, the aggrieved person used to stay at her
matrimonial house with the respondent and her in-laws. The respondent did not
take care of the aggrieved person, since inception of their marriage. The
respondent all along used most filthy languages and blame on the aggrieved
person. The aggrieved person tried to accommodate every unhappy doings of the
respondent for the peaceful family life. The aggrieved person tried to make him
understand; But this is the respondent who refused to understand anything and
again perpetrated the same thing, thus the aggrieved person became victim of
the domestic violence.
3. That I beg to
say that the aggrieved person tried to keep everything within the four wall of
her matrimonial home, and same became the cause of violence inflicted by the
respondent, and her in-laws. The Sister in-laws of the aggrieved person namely
(1) Amala Das, (2) Sarala Das, and (3) Bimala Das, give shelter of wrong doing
of the respondent. The Sister in-laws of the aggrieved person provoked the
respondent to inflict torture on the aggrieved person. The mother in-law of the
aggrieved person take side of her son i.e. the respondent and consequently
blame foe everything to the aggrieved person.
4. That I beg to
say that the respondent treated the aggrieved person as a main in her
matrimonial house, and forced to do every little things of household work
including the work of her sisters, while they were unmarried and stayed in the
matrimonial house. The aggrieved person used to serve everything to the
respondent as well as her in-laws at the matrimonial house. The aggrieved
person became a maid servant to the respondent at her matrimonial house.
5. That I beg to
say that during the wedlock of the marriage, the aggrieved person gave birth of
a male child namely Subrata Mondal, and one female Child Tumpa Mondal. The
respondent did not take appropriate care of the children therefore their higher
education was not possible. Presently, the female child (Daughter) got married
and used stayed in her matrimonial home. The male child (Son) also married and
he have one male child. Thus at the matrimonial home, the respondent, our Son
Subrata Mondal, his wife, and his male child, and the aggrieved person are
staying. The mother-in-law died few months ago.
6. That I beg to
say that the respondent is a habitual drunker and in that stage he used most
filthy languages and beating up the aggrieved person in from of the family
members as well as in from of the others. The vicinity people are witnessed to
such a wrongful acts of the respondent. The respondent is also engaged with
some other lady in illicit relation, and therefore his refusal and neglect towards
the aggrieved person is raising day by day. The respondent is not providing
appropriate fooding, clothing, doctor, medicine, and other necessary expenses
of day to day life.
7. That I beg to
say that the aggrieved person is a victim of the domestic violence which
inflicted by the respondent with the assistance of the sister in-laws, their
named as stated herein above in the preceding paragraph. The respondent is in
much destitute condition at this old age, and the respondent is enjoying his
life under the illicit relationship with some other lady.
8. That I beg to
say that presently the aggrieved person failed to take the torture of the
respondent and his deeds, so far, and therefore failed in her endavour towards
a peaceful family life. Presently, her old age is not permitting to take the
continuous mental and physical torture, inflicted by the respondent, off and
on.
9. That I beg to
say that on 03-09-2021, the aggrieved person was compelled to lodge her
complaint with the Purba Jadavpur Police Station against the respondent, while
the respondent beaten up her mercilessly, and she sustained injury, thereof.
The big event was happened in the life of the aggrieved person in front of her
Son and daughter-in-law, and others. The Police take such complaint and registered
as G.D. Entry no. 147 of 2021.
10.
That
I beg to say that the aggrieved person though did not proceed against the
respondent before any Court of law for his Punishment. The aggrieved person
again tried to resolve issues and to make him understand; But the respondent
refused and neglect the aggrieved person and did not even try to pursue the
good moral and peaceful married life, at least at the old age.
11.
That
I beg to say that the respondent again started his doing of using most filthy
languages, and beaten up the aggrieved person, mercilessly. The respondent did
not provide the food, clothing. Medicine, doctor, and did not even take care of
the aggrieved person.
12.
That
I beg to say that the aggrieved person is a victim of the domestic violence at
the behest of the respondent and his family members. She has been victimized
for a prolong period of 33 (thirty three) years, need care and protection at
her this old age, her mind failed to take any more mental torture and physical
torture inflicted by the respondent.
13.
That
I beg to say that presently the respondent threatened the aggrieved person to
driven out her from her matrimonial home being a new threat in the life of the
aggrieved person surfaced presently, at the behest of the respondent, and at
instigations of the Sister-in-laws, so far. The mind of the aggrieved person
filled up with such un-lawfull threats of the respondent and thus the aggrieved
person is much depressed and apprehend such unlawful doing of the respondent,
at this old age.
14.
That
I beg to say that the respondent is a Plumber, and thereby he is earning a
handsome money about Rs. 30,000/- ( Rupees Thirty Thousand ) only, per month,
so far informed by him to the aggrieved person.
15.
That
I beg to say that the aggrieved person has no source of income, and she is
solely dependent on the respondent. Presently, her life is at the charity of
her Son whose earning is much meager amount in which he is looking after her
wife and a little child, and their care and protection.
16.
That
I beg to say that the aggrieved person need care, protection, and monetary
relief from the respondent at the first threshold being the moral as well as
the lawful duty of the respondent, which the respondent all along refused and
neglected to perform towards the aggrieved person.
17.
That
I beg to say that the aggrieved person is in need to take a sum of Rs. 15,000/-
( Rupees Fifteen Thousand ) only per month from the respondent towards monetary
relief for herself which include fooding, clothing, medicine, doctor, and
others for day to day need for livelihood, and the protection to stay in share
household at the matrimonial house of the aggrieved person.
18.
That
I beg to say that the respondent is constantly threatening the aggrieved
person, and thus she apprehends that the respondent can do anything to her. The
respondent is very dangerous, more particularly while he is in drunken stage.
The respondent can do harm to the aggrieved person at any point of time. All
the other family members are always active supporters of his all misdeeds.
19.
That
I beg to say that in the facts and circumstances stated above, the aggrieved
person seeks the following relief/ direction from the Learned Court;
(a) An order
restraining the respondent from committing any act of domestic violence by way
of mental and physical torture on the aggrieved person;
(b) An order
restraining the respondent from aiding or abetting in commission of acts of
domestic violence;
(c) An order
restraining the respondent from attempting to communicate in any form
whatsoever with the aggrieved person including communication in personal, oral,
written, electronic or telephonic form;
(d) An order
retraining the respondent from causing violence to the aggrieved person, with
or without assistance of any person/s;
(e) An order
restraining the respondent from committing any other acts as shall be specified
in the protection order;
(f)
An
order directing the PurbaJadavpur Police Station to give protection to the
aggrieved person;
(g) An order
directing the respondent to secure accommodation as enjoyed by her in her shared
household to the aggrieved person;
(h) An order
directing the respondent to pay a sum of Rs. 15,000/- ( Rupees Fifteen Thousand
) only, per month being the monetary relief to the aggrieved person for the
decent living, i.e. fooding, clothing, doctors, medicine, toiletries,
conveyance, telephone bill of the aggrieved person, and day to day necessary
expenses of the aggrieved person;
(i)
An
order directing the respondent to pay compensation for sum of Rs. 5,00,000/- (
Rupees Five Lakhs ) only, to the aggrieved person;
(j)
An
order directing the respondent to pay litigation cost as sum of Rs. 50,000/- (
Rupees Fifty Thousand ) only, to the aggrieved person;
20.
That
the relief claimed in the application are urgent in as much as the aggrieved
person would face great financial hardship and would be forced to live under
threat of repetition/ escalation of acts of domestic violence complained of in
the application under Section 12 of the Protection of Women from Domestic
Violence Act’ 2005, by the respondent.
21.
That
I pray to exhibit the following documents;
(a) G.D. Entry no.
147 of 2021, dated 03-09-2021;
(b) Affidavit on
Assets & Liabilities of the Aggrieved Person;
(c) Aadhar Card;
(d) PAN Card;
(e) Bank Pass
Book;
22.
That
the facts mentioned herein are true and correct to the best of my knowledge and
belief and nothing material has been concealed therefrom.
DEPONENT
VERIFICATION
Verified at
Alipore Police Court, on this _____the day of March, 2024. That the contents of
the above affidavit are correct to the best of my knowledge and belief and no
part of it is false and nothing material has been concealed therefrom.
DEPONENT
Identified
by me,
Advocate
Prepared in my
Chamber;
Advocate
Date :
_______________2024,
Place :Alipore
Police Court,
N
O T A R Y
