District
: South 24 Parganas
In the Court of the Learned 1st Judicial
Magistrate, Alipore, South 24 Parganas
Misc. Case no. ACM – 610 of 2023
In
the matter of ;
Smt. Putul Mondal,
Wife of Sri Kartik Mondal, 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.
________Petitioner
P.S.
:PurbaJadavpur
-
Versus
–
Kartik Mondal,
Son of Late Shreekanto Mondal, aged about 61 years, residing at Premises being
no. C/28, Jamuna Nagar, Post Office – Mukundapur, Police Station – Purba Jadavpur,
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.
________Opposite Party
INTERIM
APPLICATION UNDER SECTION 125 Cr.P.C., 1973 FOR GRANT OF INTERIM MAINTENANCE;
The humble
petition of the above named Petitioner, most respectfully;
Sheweth
as under;
1. That the instant
proceeding under Section 125 of the Criminal Procedure Code, 1973 has been duly
instituted by the Petitioner and is presently pending before this Learned Court
for proper adjudication and determination of her lawful claim of maintenance against
the Opposite Party. The Petitioner is the legally wedded wife of the Opposite
Party, their marriage having been solemnized in accordance with the prevailing
personal laws and social customs, and the said marital relationship continues
to subsist in the eyes of law. By virtue of such lawful marital status, the
Petitioner is entitled to be maintained by the Opposite Party, who is under a
statutory as well as moral obligation to provide for her basic necessities and
ensure a life of dignity. The present proceeding has thus been initiated to
seek appropriate relief against the willful neglect and refusal on the part of
the Opposite Party to maintain the Petitioner, and the same is awaiting
adjudication before this Learned Court.
2. That the
Petitioner married with the Opposite Party in the year 1989, after
solemnization of their marriage, the Petitioner used to stay at her matrimonial
house with the Opposite Party and her in-laws. The Opposite Party did not take
care of the Petitioner, since inception of their marriage. The Opposite Party
all along used most filthy languages and blame on the Petitioner. The
Petitioner tried to accommodate every unhappy doings of the Opposite Party for
the peaceful family life. The Petitioner tried to make him understand; But this
is the Opposite Party who refused to understand anything and again perpetrated
the same thing, thus the Petitioner became victim of the domestic violence.
3. That the
Petitioner tried to keep everything within the four wall of her matrimonial
home, and same became the cause of violence inflicted by the Opposite Party,
and her in-laws. The Sister in-laws of the Petitioner namely (1) Amala Das, (2)
Sarala Das, and (3) Bimala Das, give shelter of wrong doing of the Opposite
Party. The Sister in-laws of the Petitioner provoked the Opposite Party to
inflict torture on the Petitioner. The mother in-law of the Petitionertake side
of her son i.e. the Opposite Party and consequently blame foe everything to the
Petitioner.
4. That the
Opposite Party treated the Petitioner as a maid 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
Petitioner used to serve everything to the Opposite Party as well as her
in-laws at the matrimonial house. The Petitioner became a maid servant to the
Opposite Party at her matrimonial house.
5. That during
the wedlock of the marriage, the Petitioner gave birth of a male child namely
Subrata Mondal, and one female Child Tumpa Mondal. The Opposite Party 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 Opposite Party, our Son Subrata Mondal,
his wife, and his male child, and the Petitioner are staying. The mother-in-law
died few months ago.
6. That the
Opposite Party is a habitual drunker and in that stage he used most filthy
languages and beating up the Petitioner 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 Opposite Party. The Opposite Party is also engaged with some other
lady in illicit relation, and therefore his refusal and neglect towards the
Petitioner is raising day by day. The Opposite Party is not providing
appropriate fooding, clothing, doctor, medicine, and other necessary expenses
of day to day life.
7. That the
Petitioner is a victim of the domestic violence which inflicted by the Opposite
Party with the assistance of the sister in-laws, their named as stated herein
above in the preceding paragraph. The Opposite Party is in much destitute
condition at this old age, and the Opposite Party is enjoying his life under
the illicit relationship with some other lady.
8. That presently
the Petitioner failed to take the torture of the Opposite Party 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 Opposite Party, off and on.
9. That on
03-09-2021, the Petitioner was compelled to lodge her complaint with the Purba Jadavpur
Police Station against the Opposite Party, while the Opposite Party beaten up
her mercilessly, and she sustained injury, thereof. The big event was happened
in the life of the Petitioner 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
the Petitioner though did not proceed against the Opposite Party before any Court
of law for his Punishment. The Petitioner again tried to resolve issues and to
make him understand; But the Opposite Party refused and neglect the Petitioner
and did not even try to pursue the good moral and peaceful married life, at
least at the old age.
11.
That
the Opposite Party again started his doing of using most filthy languages, and
beaten up the Petitioner, mercilessly. The Opposite Party did not provide the
food, clothing. Medicine, doctor, and did not even take care of the Petitioner.
12.
That
the Petitioner is a victim of the domestic violence at the behest of the
Opposite Party 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 Opposite Party.
13.
That
presently the Opposite Party threatened the Petitioner to driven out her from
her matrimonial home being a new threat in the life of the Petitioner surfaced
presently, at the behest of the Opposite Party, and at instigations of the
Sister-in-laws, so far. The mind of the Petitioner filled up with such
un-lawful threats of the Opposite Party and thus the Petitioner is much
depressed and apprehended such unlawful doing of the Opposite Party, at this
old age.
14.
That
the Opposite Party 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 Petitioner.
15.
That
the Petitioner has no source of income, and she is solely dependent on the
Opposite Party. 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
the Petitioner need care, protection, and monetary relief from the Opposite
Party at the first threshold being the moral as well as the lawful duty of the
Opposite Party, which the Opposite Party all along refused and neglected to
perform towards the Petitioner.
17.
That
the Petitioner is in need to take a sum of Rs. 15,000/- ( Ruppes Fifteen
Thousand ) only per month from the Opposite Party 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 Petitioner.
18.
That
the Opposite Party is constantly threatening the Petitioner, and thus she
apprehends that the Opposite Party can do anything to her. The Opposite Party
is very dangerous, more particularly while he is in drunken stage. The Opposite
Party can do harm to the Petitioner at any point of time. All the other family
members are always active supporters of his all misdeeds.
19.
That
the conduct of the Opposite Party in neglecting and refusing to maintain the
Petitioner is not only unlawful but also deliberate, willful and calculated.
The Opposite Party, despite being fully aware of his legal, moral and social
obligations towards the Petitioner, has intentionally abstained from providing
even the bare minimum necessities required for her survival. Such neglect is
not due to any inability or lack of means on his part, but is a conscious and
purposeful act aimed at depriving the Petitioner of her rightful entitlement to
maintenance.
20.
That
the Opposite Party has, on several occasions, openly refused to provide
financial support to the Petitioner and has shown complete indifference towards
her basic needs, including food, clothing, shelter and medical treatment. His
conduct reflects a persistent disregard for the dignity and well-being of the
Petitioner, thereby compelling her to live in a state of hardship and
deprivation. The said refusal is continuous in nature and has forced the
Petitioner to approach this Learned Court seeking redressal.
21.
That
there exists no justifiable cause, lawful excuse or valid reason for such
neglect on the part of the Opposite Party. The Petitioner has always conducted
herself as a dutiful wife and has never done anything to disentitle herself from
claiming maintenance. On the contrary, it is the Opposite Party who, by his
wrongful acts and omissions, has failed to discharge his statutory duty under
law. Hence, the deliberate and unjustified refusal on the part of the Opposite
Party clearly attracts the provisions of Section 125 of the Criminal Procedure
Code, 1973, entitling the Petitioner to immediate relief.
22.
That
in the facts and circumstances stated above, the Petitioner seeks the following
relief/ direction from the Learned Court;
(a) An order directing
the Opposite Party to pay a sum of Rs. 15,000/- ( Rupees Fifteen Thousand )
only, per month being the maintenance to the Petitioner for the decent living,
i.e. fooding, clothing, doctors, medicine, toiletries, conveyance, telephone
bill of the Petitioner, and day to day necessary expenses of the Petitioner;
(b) An order
directing the Opposite Party to pay compensation for sum of Rs. 5,00,000/- (
Rupees Five Lakhs ) only, to the Petitioner;
(c) An order
directing the Opposite Party to pay litigation cost as sum of Rs. 50,000/- (
Rupees Fifty Thousand ) only, to the Petitioner;
23.
That
the Petitioner is in urgent need of interim monetary relief for her day-to-day
survival including expenses towards food, clothing, medicines, medical
treatment, and other incidental expenses.
24.
That
unless an order of interim maintenance is passed by this Learned Court, the
Petitioner shall suffer irreparable loss and hardship, and her very survival
shall be at stake.
25.
That
the balance of convenience lies in favour of the Petitioner and against the
Opposite Party, and it is just, proper and necessary that interim maintenance
be granted pending final disposal of the case.
26.
That
this application is made bonafide and in the interest of administration of
Justice.
It is therefore, prayed that your
Honour would graciously be pleased to allow this application and pass the
following order or orders or direction/s;
(a) An order
directing the Opposite Party to pay a sum of Rs. 15,000/- (Rupees Fifteen
Thousand) only, per month being the maintenance to the Petitioner as interim maintenance pending
disposal of the main application under Section 125 Cr.P.C;
(b) Direct the
Opposite Party to pay an ad-interim
maintenance amount immediately upon filing of this application;
(c) An order
directing the Opposite Party to pay compensation for sum of Rs. 5,00,000/- (
Rupees Five Lakhs ) only, to the Petitioner;
(d) An order
directing the Opposite Party to pay litigation cost as sum of Rs. 50,000/- (
Rupees Fifty Thousand ) only, to the Petitioner;
(e) Such order or
orders as the Learned Court may deem fit and proper for the end of justice.
And
for this act of kindness, the Petitioner as in duty bound shall ever pray.
Verification
I, Putul Mondal,
being the Petitioner herein, made this application under Section 125 of the
Criminal Procedure Code, 1973. I am acquainted and conversant with the material
facts as stated in the foregoing paragraphs. I, verify and sign, this
application as on this ______the day of ________2026, at Alipore Criminal Court
Premises.
AFFIDAVIT
I, Smt. Putul Mondal,
Wife of Sri Kartik Mondal, aged about 50 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
Petitioner 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 the
statement made in paragraph number _____to _____ are true to my knowledge and
belief and the rests are my humble submissions before the Learned Court.
That the
statements made above are true to my knowledge and belief.
DEPONENT
Identified
by me,
Advocate
Prepared in my
Chamber;
Advocate
Date :
_______________2026,
Place :Alipore
Police Court,
N
O T A R Y
