DISTRICT: SOUTH 24- PARGANAS: -
In the Court of the Ld. Cheif Judicial Magistrate, at Alipore
Ref No……….. CASE No 2024
IN THE MATTER OF: -
An application under section 125 of the Code of
Criminal Procedure, 1973.
A N D
IN THE MATTER OF: -
SHABANA KHATOON {27 years}
Wife of Nazir Hossain
Daughter of Late Md Kasim
Of 7/H/3,M.B.G Lane,
P:S: Ekbalpore, Kolkata -700023
Mobile No.9007273706
….. PETITIONER.
VERSUS
NAZIR HOSSAIN
Son of late Sahadat Hossain
Of 18/2H/7,Mominpore Road,
P:S: Ekbalpore, Kolkata -700023
….. OPPOSITE PARTY.
The humble petition filed on behalf of the
Petitioner above named.
Cont…..P/2
{{ 2 }}
MOST RESPECTFULLY SHEWETH: -
1} That your petitioner is a peace loving and law-abiding citizen of India
and she has been residing at the address given in the cause title of the
present petition, which is under your Honour jurisdiction.
2} That the brief facts is in short the marriage by and between your
petitioner with the opposite party was solemnized on 06/02/2023, according
to Muslim religious rites and custom in the presence of both parties family
members, relatives, friends and well-wishers, at the time of said marriage
your petitioner parents given Cash1 Lakh along with Gold and silver
ornaments, utensils, Clothing’s, house hold articles to the above named
opposite party on demand of his family members, since after that your
petitioner went to her matrimonial house along with all belonging stridhan
articles and started living together as a married couple on same roof with
her husband / opposite party at her matrimonial house together with her in
laws,
3}That one Female child namely LAIBA HOSSAIN being his date of birth
is recorded as 22/01/2024 was born within the said wedlock and the said
minor child is under the care and custody of your petitioner since his birth,
the xerox Copy of Birth Certificate, issued by the office of the birth Registrar
{Health Department} of Kolkata Municipal Corporation is annexed herewith.
4} That since after few years from the birth of said minor child, your
petitioner husband and her in laws started torturing upon your petitioner
both physically and mentally in order for their illegal and wrongful demand
of more dowry by cash with the help of her
Cont…..P/3
{{ 3 }}
parents in laws, apart from that due to said matrimonial disputes your
petitioner along with her said husband came into your petitioner parental
house and both are further started living together as a husband and wife,
thereafter the above named opposite party with the help of his family
members further started torturing upon your petitioner both physically and
mentally in order for their illegal and wrongful demand by putting in fear of
grievous hurt.
5} That due to said matrimonial disputes arisen by and between your
petitioner with the above named opposite party and his family members,
your petitioner and her in laws kicked out upon your petitioner from her
matrimonial house in single clothing, apart from that your Petitioner finding
no any other alternative way lodged a F.I.R, against the above named
opposite party and his family members in connection with Ekbalpore
P.S.Case No. 367 dated 18/08/2022 under section 498A/354C/506/34 IPC
& 3/4 D.P.Act, which is still pending before the Ld. Chief Judicial
Magistrate, at Alipore.
6} That your petitioner being a wife several times requested to the
opposite party and her in laws not to behave like such a manner, but the
opposite party and her in laws did not pay any heed on your petitioner’s
request and the opposite party with the help of his family members did not
allow your petitioner at her matrimonial house, apart from that your
petitioner finding no any others alternatives way and being helpless came
to her parental house in single Clothing’s and since then she has been
living there with her parents to till date together with her minor son.
Cont…..P/4
{{ 4 }}
7} That your petitioner being a legally married wife of the above named
opposite party requested to the opposite party to pay something for her
maintenances together with her minor child through the mobile phone, but
the opposite party did not head to that effect. and the opposite party being
a husband and the father of minor Child have been willingly neglecting to
your petitioner and her minor Son to pay her maintenance.
8} That your petitioner thereafter requested to the opposite party to pay
her something for her maintenance together with her minor child and
upkeep the opposite knew that the petitioner had no other source of income
and yet the request of the petitioner was ignored.
9} That the opposite party has been avoiding his liability to pay for
maintenance together with her minor child and has not so far paid any sum
in spite of repeated requested of the petitioner.
10} That the opposite party is a reputed business as a building contractor
and his monthly income from his aforesaid business more them Rs.
100,000/- only per month and the others sources of income.
11} That the petitioner has no any income of her while and having to feed
several months and she is completely depending on her parent in their low
income.
12} That the instant petition is made bonafide for the ends of justice.
Cont…..P/5
{{ 5 }}
In view of the above facts and circumstances, it is
therefore prayed that your Honour may be pleased to
issue a notice to the opposite party and after taking
evidence of the both sides be pleased to order to the
opposite party to pay the maintenance to the petitioner
together with the minor Child an amount of Rs.
30,000/- each per month, total amounting of Rs.
60,000/- only till disposal of the instant case together
with litigation cost of Rs. 10,000/- only.
And for this act of kindness your petitioner as in duty bound shall ever pray.
V E R I F I CATI O N
I, MRS RESHMA BEGUM, the above-named petitioner, do herby solemnly
and sincerely affirm and declare that the above statements all are true to
the best of my knowledge and I sign this verification on 14 th day of October
2022, at Alipore court premises.
DISTRICT: SOUTH 24- PARGANAS: -
In the Court of the Ld.Chief Judicial Magistrate, at Alipore
Ref No. M. CASE No 2022
IN THE MATTER OF: -
An application for interim maintenance.
A N D
IN THE MATTER OF: -
MRS RESHMA BEGUM
….. PETITIONER
VERSUS
SK NAIMUDDIN
….. OPPOSITE PARTY.
The humble petition filed on behalf of the
Petitioner above named.
MOST RESPECTFULLY SHEWETH: -
1} That your petitioner has filed an application for maintenance under
section 125 of the code of criminal procedure, 1973.
2} That your petitioner has no income of her own and she needs an
immediate medical care and food, that the petitioner is on the verge of the
starvation.
3} That the opposite party has got an income from his reputed business
as a building contractor, and his monthly income is more them of Rs.
1,00000/- only per month, but he has bear neglecting as well as refusing to
maintain to the petitioner till today.
Cont…..P/2
{{ 2 }}
4} That your petitioner thereafter requested to the opposite party to pay
her something for her maintenance together with her minor Child and
upkeep the opposite party knew the petitioner had no other source of
income and yet the requested of the petitioner was ignored.
5} That the opposite party has been avoiding his liability to pay for
maintenance to your petitioner and her minor child and has not so far paid
any sum in spite of repeated requested of the petitioner.
6} That the petitioner is filing herewith an affidavit sworn by herself,
therefore considering the emergency.
7} That the instant petition is made bonafide for the ends of justice.
In view of the above facts and circumstances, it is
therefore humbly prayed that your Honour would be
graciously be pleased to admit the petition and direct
to the opposite party to pay an interim maintenance
allowance to the petitioner together with her minor
Child an amount of Rs. 30,000/- each per month total
amounting of Rs. 60,000/- only per month till disposal
of the instant case.
And for this act of kindness your petitioner as in duty bound shall ever pray.
District: South 24 Parganas.
Before the Notary Public, at Alipore
AFFIDAVIT
I, the undersigned SULTAN ALAM SON of Late Qumrul Hoda , aged about:
33 Years, by Faith: Muslim, by Occupation: Business by Nationality: Indian,
residing at premises No. , 10/S Tilzila Shiptala lane kol-700039, under
jurisdiction of Karaya Police Station, in the City of Kolkata -700039, do
hereby solemnly and sincerely affirm and declare as follows: -
1} That I am the petitioner of the instant case and well conversant the
following facts before the Ld. Court at the time of hearing.
That the above statements made in the forgoing paragraphs all are
true to the best of my knowledge and nothing in material has been
concealed there from.
……………………………………..
DEPONENT
Read overed, explained andadmitted
by the above-named deponent and identified
by me
Advocate
