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DISTRICT: SOUTH 24 PARGANAS

IN THE COURT OF LEARNED ADDITIONAL CHIEF JUDICIAL MAGISTRATE

AT ALIPORE

POLICE STATION:- REGENT PARK

A.C.M. NO. OF 2024

IN THE MATTER OF:-

An application under Section 144 of the

Bharatiya Nagarik Suraksha Sanhita, 2023
praying for Maintenance;

AND

IN THE MATTER OF:-

SMT BASANTI MONDAL

Wife of Pappu Mondal

Daughter of Sri. Santiram Das

Aged about 39 years

Now residing at 36A, Chandi Ghosh Road, Police

Station and Post Office- Regent Park, District-
South 24 Parganas, West Bengal, PIN-700040.

…….Petitioner/Wife

-Versus-

SRI PAPPU MONDAL

Son of Late Ratan Mondal

Residing at 36A, Chandi Ghosh Road, Police

Station and Post Office- Regent Park, District-
South 24 Parganas, West Bengal, PIN-700040.

….Opposite Party/Husband

The humble petition on behalf of the

petitioner/wife named above;

MOST RESPECTFULLY SHEWETH:-

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1. That your petitioner is the legally married wife of the Opposite party and

got married with him on 17th February, 2014 as per Hindu Rites and

Customs and started to reside as husband and wife in her matrimonial

home which is the place of residence of the opposite party as mentioned

in the cause title and the said marriage was registered under the Hindu

Marriage Act, 1955 later on. It is pertinent to mention herein that a female

child named Ishani Mondal (now aged nine years) was born out of the

wedlock on 29th October, 2015 and from this fact it is amply clear that the

female child born out of the wedlock is a minor. The said marriage was

duly registered under Section 8 of the Hindu Marriage Act, 1955 which

gives legal validity to the said marriage as well.

2. That your petitioner states that initially the matrimonial relationship

blossomed like a flower initially for the first three months but since then

the petitioner was brutally tortured and beaten up by the opposite party

on account of cooking food for around ten people who were residing in the

said house or homestead as a paying guest. The petitioner was even

abused when she asked for her basic financial needs and she was always

shown the door and also bluntly told that she is able to live in the said

house and she is being given food, that is enough for her and she deserves

nothing more. She was made to feel that she is living a mere animal

existence. Even the medical expenses and clothing was afforded by her

parents and not by the opposite party which is extremely cruel to say the

least. Since that the parents of the petitioner told her that things may

improve if a new child is born but soon after the petitioner conceived,

things went from bad to worse, when the petitioner was pregnant for nine

months, at that time as well she was forced to cook food for the paying

guests and the medical expenses was not borne by him and even nutritious

food which a pregnant woman requires at that stage was not given to her

by the opposite party due to which her father used to bear the same. The

worst part is that the expenses of the new born child was also borne by

the father of the petitioner and not by the opposite party and on this
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ground the petitioner was brutally tortured day in and day out. From 2017

onwards even the basic amenities were not given to the petitioner and her

child and totally both of them have not been maintained by the opposite

party in any form whatsoever which shows how much trouble the

petitioner is facing for herself and her child. She has no means in order to

sustain herself and her child but the opposite party being her husband

has taken no steps to maintain them instead the petitioner has been

beaten up and tortured to no end when she asked for her basic amenities.

On this facts already a complaint was filed in Regent Park Police Station

which was treated as a First Information Report detailed Regent Park

Police Station 278 of 2024 dated 03.12.2024 under Section 498A read with

Sections 3 and 4 of the Dowry Prohibition Act, 1961 which also

corroborates with the claim of the petitioner that she has been treated with

cruelty. The opposite party since the date of birth of the daughter of the

petitioner started to sleep in a different room at night and left the petitioner

all alone to take care of her newly born daughter which clearly also

amounts to cruelty.

3. That your petitioner states that since November, 2019, the petitioner and

the opposite party are living separately in the same house but in a different

room and they have no contact with each other and they have separate

fooding and lodging even though within the same address as because the

petitioner does not interfere or protest before the opposite party in any

manner that she is living in the same house otherwise she would have

been thrown out of the said house. The petitioner and her minor daughter

are living together and she has no means of sustenance and now her father

has become old and feeble and he cannot manage the livelihood of the

petitioner and her daughter. The opposite party being the husband of the

petitioner and father of her daughter is bound to maintain them. The

opposite party earns from the rent of the paying guests, he also buys

shares and sells them at a hefty profit and also lends money to people in

need and get a hefty interest along with the principal sum of money from
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them and all in all he earns Rs. 40,000.00 per month from such means

but he does not pay a single penny to the petitioner or her daughter who

is a minor and under such circumstances this instant application has

been filed before this Ld. Court.

4. That your petitioner states that she is living in her father’s house under a

huge financial constraint and her father does not have sufficient income

to maintain the petitioner and her son along with the minor brother and

mother of the petitioner. In short the father of the petitioner has a meager

income. Furthermore, the petitioner has no independent income to

maintain herself and/or her minor son due to which this instant

application has been filed before This Ld. Court.

5. That your petitioner requires Rs. 12,000.00 (Rupees Twelve Thousand)

only per month for her maintenance and she furthermore requires a sum

of Rs. 8,000 (Rupees Eight Thousand) only per month for the maintenance

of her minor daughter.

6. That in the aforesaid circumstances, an order of monthly maintenance is

required to be passed directing the opposite party to pay a sum of Rs.

12,000.00 (Rupees Twelve Thousand) only per month for her maintenance

and she furthermore requires a sum of Rs. 8,000 (Rupees Eight Thousand)

only per month for the maintenance of her minor daughter.

7. That besides this application/petition no other similar or deceptively

similar petition is pending or disposed of by any Court of Law in India.

8. That the petitioner craves leave to submit and rely upon various

documents at the time of hearing of this petition.

9. That this application is made bona fide and for the ends of justice.

In the circumstances, it is humbly prayed

that your Honour would graciously be

pleased to consider the above facts and

pass an order granting maintenance in

favour of your petitioner with a direction

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upon the opposite party to pay a sum of Rs.

12,000.00 (Rupees Twelve Thousand) only

per month for her maintenance and she

furthermore requires a sum of Rs. 8,000

(Rupees Eight Thousand) only per month

for the maintenance of her minor daughter

and further a total/consolidated sum of Rs.

15,000.00 (Rupees Fifteen Thousand Only)

as litigation cost and/or pass such other

order or orders as your Honour may deem

fit and proper.

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

VERIFICATION

I, BASANTI MONDAL, the petitioner herein, do hereby declare that the

statements made in paragraphs above are true to the best of my knowledge and

belief and the rests are my humble submissions before this Learned Court and I
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sign this verification on this 24th day of December, 2024 at the Alipore Police

Court premises.

Prepared at my office: Verified by me,

Advocate BASANTI MONDAL

AFFIDAVIT

I, SMT. BASANTI MONDAL, wife of Sri. Pappu Mondal, Daughter of Santiram

Das, aged about 39 years, by faith- Hindu, by occupation- House Wife, by

Nationality-Indian, presently residing at 36A, Chandi Ghosh Road, Police Station

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and Post Office- Regent Park, District- South 24 Parganas, West Bengal, PIN-

700040, do hereby solemnly affirm and declare as follows :-

1. That I am the Petitioner/ Wife of the instant case and I am well conversant

with the facts and circumstances of the case and I have filed this Maintenance

Case against my husband/opposite party.

2. That the statements made in foregoing paragraph numbers 1 to 7 are true to

the best of my knowledge and belief and the rests are my humble submission

before this Learned Court.

3. That besides this petition/application no other similar petition or application

is pending or disposed of by any Court of Law.

Read over and explained by me,

_______________
Advocate
DEPONENT

Identified by me

Advocate