IN THE COURT OF PRINCIPAL JUDGE::FAMILY COURT

KAMRUP (M) ::AT GUWAHATI.

F. C. (Crl.) NO. /2020

IN THE MATTER OF:

An application U/S 125(1)(2) of the Criminal
Procedure Code, 1973 as amended.

-AND-
IN THE MATTER OF:
Smti. Bhanita Nath,aged 31 years
D/O. Sri Nagen Ch. Nath
Vill- Kshudra Palaha
P.O & P.S- Baihata Chariali
Dist:-Kamrup(R), Assam
PIN:- 781381
Mobile No.-9127580152
……………… FIRST PARTY/WIFE
-VERSUS-
Sri Chandan Deka
S/O. Sri Bhagirath Deka
R/O – House No.- 08
Khanapara, Udaynagar.
P.O.- Khanapara
P.S.- Dispur
Dist.- Kamrup(M) Assam,
PIN:- 781022
Mobile No.7002020046,8723053682
……SECOND PARTY/HUSBAND
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The humble application of the First Party/Wife

above named-

MOST RESPECTFULLY SHEWETH:-

1. That the First Party/Wife is a resident of Kshudra Palaha, Baihata Chariali,

P.S.- Baihata Chariali, PIN- 781381 in the district of Kamrup ( R) (Assam).

2. That the Second Party/Husband is working as by profession physiotherapist

and working in the 104 i.e free medical service under National Health Mission
(NHM) in the district of Kamrup (M), Assam.

3. That the First Party/Wife begs to state that in the month of November
18,2017 she and Second Party/Husband met each other near Science Museum
in Khanapara. The First Party/ Wife and Second Party/ Husband regularly met
though the Second Party/Husband’s house is near by the First Party/Wife’s
office. After 2 (Two) months Second Party/Husband asked her mobile number
and she gave him the mobile number after 3 (Three) days. They have started
talking each other over the phone, and they have started liking each other.
Sometimes the Second Party/Husband took the First Party/Wife for spending
some times in the park and also took her lunch and dinner to the restaurant,
Dhaba etc. and after that they have developed their relationship day by day.
After 8 (Eight) months Second Party/Husband proposed to the First Party/ Wife
that he loves her a lot and he assured that he will marry her very soon.

4. That the First Party/Wife begs to state that after accepting the proposal of
the Second Party/Husband they had good relationship each other. After that in
the month of November, 2018 Second Party/ Husband forced to the First
Party/Wife going with him to the lodge, which he was rented for one day i.e
OYO lodge near Last Gate,in Dispur Kamrup (M) at Guwahati. The First party/
Wife went with him and they had physical relationship. After that the First Party
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Wife became pregnant. When the First Party/Wife told to the Second party/
Husband about her pregnancy he said that he do not want the baby and he
gave her forcefully some medicines for abortion near Down Town Kali Mandir
at Guwahati. That the First Party/ wife took those tablets but it was not
working. After that the Second Party/Husband took the First Party/ Wife near to
the Gynecologist Doctor and doctor advised her to make one ultrasound and
prescribed some medicines. When the ultrasound report has come the baby
womb was one month 10 days.
Copies of the Prescription and
Ultrasound report annexed here
with and the same is marked as
ANNEXURE-………

5. That the First Party/Wife begs to state that the First Party/ Wife was
suggested by the doctor take the medicines. The Second Party/Husband
booked a room in La Sun City Hotel on 24.02.2019 in Ganeshguri. After that
the Second Party/Husband took the First Party/Wife to the aforesaid hotel on
25.02.2019 and he forced her to take some abortion tablets instead of giving
medicines which prescribed by the doctor. In the mean time the First Party/Wife
informed to her younger sister and one of her aunty by Mobile Phone about his
activities. But the Second Party/Husband forcefully let her took the abortion
tablets before reaching her family members by assuring her that he will marry
her very soon.

6. That the First Party/Wife begs to state that after having those tablets the
Second Party/Husband changed his mind and he tried to break up with her and
refused her to marry. After that the First Party/ Wife begged him no to take
such decision otherwise her life will be spoiled. The Second Party/ Husband did
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not listen anything to her and he refused to marry her. After that the First
Party/ Wife went to the Dispur Police Station and lodged a FIR about the
incident on the same day on 25-02-2019 registered as Dispur P.S. Case No.
605/2019, U/S 376/351 IPC. After that the First Party/Wife was taken to the
Guwahati Medical College and Hospital (GMCH) for check up and the report was
positive. And the Officer In- Charge started investigation to arrest the Second
Party/Husband.
Copy of the FIR dated 25-02-
2019 annexed here with and the
same is marked as
ANNEXURE-………

7. That the First Party/Wife begs to state that after lodged the FIR the
Second Party/ Husband started calling her over the phone and he tried to
compromise the matter and he was agreed to marry her. The family member of
the both parties agreed about their marriage. On 29-04-2019 both parties got
married before the Marriage Officer, Kamrup (M) Guwahati vide Certificate
being No.1529. On 12-07-2019 the Second Party/Husband went to the house of
the First Party/ Wife in Baihata Chariali and met her father and other family
members assured them that he will marry her socially very soon. After that on
27-10-2019 (Sunday) the Second Party Husband’s parents also went to her
house met her parents and they discuss about the social marriage.
Copy of the Marriage
Certificate dated 29-04- 2019
annexed here with and the
same is marked as
ANNEXURE-………
8. That the First Party/Wife begs to state that one day the Second Party/
Husband took her in his house and taking about the Court Marriage that the
Marriage between them was false. After few days the Second Party/Husband
started ignore her and he have started mentally and physically torture her. The
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Second Party/Husband’s family members also started ignore her and they have
also said to her that marriage between them was false and they will never
accept her as daughter in law. The First Party/Wife told all the incident to her
family members. The First Party/Wife along with her family members went to
the Second Party/Husband’s house many times but they have misbehaved with
them and said about not to accept her anymore. On 03-08-2020 the First party/
Wife along with her family members went to the house of the Second
Party/Husband but they did not open the house they have looked the house
from inside and misbehaved with them. The First party/ Wife and her family
members went to the asking for help from Kainadhra Development Committee
at Udaynagar and they have organized a meeting for solve the matter but the
Second Party/Husband and his family did not accept and refused to attend the
meeting. The First Party/ Wife totally broke down and she was helpless. The
First party/Wife and her family members tried to convince them many time but
they have never listen to them. The Second Party/ Husband most of the times
called over the phone to the First Party/Wife by harassing her mentally that he
will never accept her as his wife and that marriage was false etc.

9.That the First Party/Wife begs to state that the First Party/ wife along with
her father and her other family members went to police station due to she
always threatened by the Second Party/ Husband. Even the Second Party/
husband were called upon. But the Second Party/ Husband ignored and he kept
his mobile phone off.

10. That the First Party/Wife begs to state the she has no such source of
income now she left her job also . The First Party/ Wife father is a old aged
person and he is having high blood pressure, Diabetic and other physical
problem. The First Party/ Wife tried to call him many times over phone but the
Second Party/Husband ignored her and used to scold her and Second Party/
Husband in fact used to make various excuses and avoided the question of
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social marriage and he used to give her threaten that he will take legal action if
she disturb him again about social marriage. The Second Party/ Husband
always told her that the Court Marriage was fact and he will never accept her as
a wife. The First Party/wife many times went their house along with her family
members but the Second Party/Husband and his family used to lock their house
from inside and never responded them.

11. That the First Party/Wife begs to state that the Second Party/ Husband
is working as by profession physiotherapist and working in the 104 i.e free
medical service under National Health Mission (NHM) in the district of Kamrup
(M), Assam. The Second Party Husband having private patient also. The Second
Party/ Husband earing minimum Rs. 50,000/- ( Rupees Fifty Thousand) per
month. The Second Party/Husband giving rented house also where he got from
there about Rs.20,000/- ( Rupees Twenty Thousand) per month. The Second
Party/Husband’s father also working in a Transport Office Khanapara at
Guwahati where his monthly salary is Rs.50,000/- to 60,000/-.

12. That the First Party/Wife begs to state that she is staying in rented house
where her monthly rent is Rs. 10,000/- (Rupees Ten Thousand) with her other
expenditure. The Second Party/ Husband never asked her where she lives how
she lives he never gives her a single penny for her daily expenditure.

13. That the First Party/ Wife begs to state that almost many months have
been passed , the Second Party/ Husband has been deliberately/
negligently/willfully escaping from the responsibility to maintain the First Party/
Wife.
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14. That the First Party/Wife begs to state that she has no any other source of
income whatsoever to maintain herself after compelling her to leave her job.
Therefore, the First Party/Wife claims of Rs.30,000/- (Rupees Thirty thousand)
only per month from the Second Party/Husband as monthly allowance.

15. That this Hon’ble Court has jurisdiction to entertain this application as the
second party is the resident of the aforesaid address.

16. That the First Party/ Wife further states that no any other maintenance
petition is simultaneously filed in any other court or is pending before any other
court.

17. That the present/ instant petition is not presented or prosecuted in

collusion with the respondent.

18. That there is no any legal impediment or ground in the grant of the relief
prayed for.

19. That there has not been any unnecessary delay in the institution of the
proceeding.

20. That this petition is made bonafide and for the interest of justice.

In the premises aforesaid

graciously be pleased to admit this petition and
issue notice to the Second Party/Husband and
after hearing both the parties be pleased to
direct the Second Party/Husband to pay
maintenance allowance to the First Party/Wife
at the rate of Rs.30,000/- (Rupees Thirty
 8

Thousand) only per month with effect from

and/or be pleased to pass any other or further
order/orders as to your Honour may deem fit

and proper in the interest of justice.

-AND-
Pending disposal of this maintenance
petition your Honour may be pleased to
pass an order directing the Second
Party/Husband to pay interim maintenance
allowance to the First Party/Wife at the rate of
Rs.30,000/- per month and/or to pass any such
interim order/orders as to your Honour may
deem fit and proper for the interest of justice.

And for this act of kindness your humble First Party/Wife as in duty
bound and shall ever pray.
………………..Verification

V E R I F I C A T I O N

I, Smti. Bhanita Nath , Daughter of Sri Nagen Ch. Nath , R/O. Khudra
Palaha, Baihata Chariali P.S & P.O.- Baihata Chariali, PIN - 781381, Kamrup(R),
Assam, do
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hereby solemnly affirm that the statement made in paragraph 1 to 30 of this

petition are true to my knowledge and those made in paragraph ….. being
matters of record derived therefrom which I verily believe to be true and I sign
this verification on this th day of August, 2020 at Guwahati.

SIGNATURE

IN THE COURT OF PRINCIPAL JUDGE::FAMILY COURT

KAMRUP::AT GUWAHATI

F. C. (Crl.) NO. /2020

Smt. Bhanita Nath

…...........First Party/Wife
-VERSUS-

Sri Chandan Deka

…………Second Party/Husband
TO,

Sri Chandan Deka

S/O. Sri Bhagirath Deka
R/O – House No.- 08
Khanapara, Udaynagar.
P.O.- Khanapara
P.S.- Dispur
Dist.- Kamrup(M) Assam,
PIN:- 781022
Mobile No.70020046, 8723053682
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WHEREAS the above named First Party/Wife has filed an application under
section 125 of Criminal Procedure Code, 1973 372 before this Hon’ble Court for
granting of maintenance. You are hereby summoned to appear in this court in
person on this th day of 2020 to answer the claim.

Take summon that in default of your presence /appearance on the day

before this Hon’ble Court, this case will be heard and decided ex-parte in your
absence in accordance with law.

Given under the hand and seal of this Court on this ………th day of
September, 2020.

Principal Judge,Family Court

Kamrup :: Guwahati