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In the Court of Ld. Chief Judicial Magistrate at Howrah

Ref Case No: Misc Case No. __________/2020

In the matter of:

Alam Ara, wife of Manoj Kumar Shaw, daughter of
Kalil Ahmed, currently residing at, 65 Pilkhana 2nd
Lane, PS-Golabari, Howrah- 711101, PS-Golabari,
Howrah- 711106.

………. Petitioner

Versus

Manoj Kumar Shaw, son of Chunnulal Shaw,

residing at Indira Nivas, I2-241/B/1, New Gopalpur,
Chittaranjan Park, 2nd Lane, LP-25/45/1/7/1, P.S-
Maheshtala, Kolkata-700143.

………. Opposite Party

In the matter of:

An Application u/s 125 of Cr.P.C for maintenance;

In the matter of:

The humble petition on behalf of the abovenamed
Petitioner.

Most Respectfully Sheweth:

1. That the Petitioner is a peace-loving and law-abiding citizen of the country and is
currently residing at the address mentioned at the cause title herein which is under the
jurisdiction of this Learned Court.

2. That the Petitioner met the Opposite Party sometime in the year 2006 and since then they
were in a love relationship.
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3. That the Petitioner and Opposite Party is from different religious background and hence,
there was plenty of Opposition from the relatives of the Petitioner as well Opposite Party.

4. That in spite receiving vigorous opposition the Petitioner and Opposite Party decided to
marry each other and on 22.02.2014 the Petitioner and Opposite Party got married as per
The Special Marriage Act, 1954.

5. That right after the said wedlock, the Petitioner went to reside at her in-law’s place along
with the Opposite Party at Indira Nivas, T2-241/B/1 New Gopalpur, Chittaranjan Park,
2nd Lane, LP-25/45/1/7/1, PS-Maheshtala, Kolkata-700143.

6. That right after few months of the said wed lock, the Opposite Party started neglecting
the Petitioner and on questioning on this sudden change in attitude of the Opposite Party,
the Opposite Party in connivance with the other Opposite Party adhered to misdeeds such
as abuse and assault which has caused tremendous amount of physical and mental pain
and agony to the Petitioner.

7. That after few months of the said wedlock the Opposite Parties started demanding money
and expensive articles from the Petitioner’s parents and whenever such demands weren’t
fulfilled, the Opposite Party use inflict inhuman mental and physical torture on the
Petitioner. The Father of the Petitioner tried his level best and had fulfilled some of their
demands which was with in his monetary capacity but they weren’t satisfied and
continued with the torture.

8. That on several occasions the Opposite Party use to force the Petitioner to do all the
household work in spite of her ill-health.

9. That on numerous occasions the Opposite Party in connivance with the other Opposite
Party brutally assaulted her and confined her to a locked room without providing the
Opposite Party a morsel of grain.

10. That on numerous occasions the Opposite Party use to get severely drunk on a regular
basis and return home late. Upon protesting, Opposite Party along with his family
members, use to abuse the Petitioner in inexpressibly filthy language and assaulted the
Petitioner with fist, blows and kicks.

11. That in the end of year 2016 Opposite Party along with other Opposite Party also brutally
assaulted the Petitioner during her pregnancy and hence, the Petitioner was left with no
other alternative but to lodge a FIR against all the Opposite Party and his family members
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at Maheshtala Police Station being Case No. 571/2016 dated 05-09-2016 u/s 498 A and
406 of IPC.

12. That it is pertinent to mention that in the year 2017 out of the said wed lock, Petitioner
was blessed with a baby girl namely Anayaa Alam Shaw.

13. That after the case was initiated Opposite Party had apologized for their misdeeds since
the Petitioner’s marriage and they further requested to withdraw the aforesaid case in
presence of well-wishers of both parties, Opposite Party had promised that they won’t
torture the Petitioner in future and hence, the Petitioner decided to amicably settle the
issue hoping for a better life for both the Petitioner and her above said child.

14. That thereafter it was peaceful for few days but then again, the Opposite Party went back
to their old misdeeds and started inflicting inhuman mental and physical torture on the
Petitioner.

15. That the misdeeds of the Opposite Party not only end at that. The Petitioner used to be the
first person to enter their kitchen in the morning, on daily basis, as she was responsible
for cooking for the entire family and on numerous occasions, she found that the gas
cylinder’s knob had been kept open and the entire kitchen use to smelling fowl due to the
leakage. This clearly indicates that the Opposite Party had malafide intention of inflicting
harm on the Petitioner’s life. Not only, that the Opposite Party in connivance with his
family members also tried to the Petitioner by throttling her throat.

16. That the Opposite Party thereafter refused to maintain the Petitioner and further drove the
Petitioner out of her in-law’s place on 22. 07.2020 around midnight on a single cloth. The
Petitioner was helpless and hopeless and was left with no other alternative but to reside
with Petitioner’s ailing father who is himself struggling to make both ends meet.

17. That thereafter, on numerous occasions, the Petitioner had asked the Opposite Party to
give her maintenance but to their utter dismay she was refused and had to return with no
luck.

18. That the Petitioner was left with no other alternative but to again submit a written
complaint before Maheshtala Police Station against the Opposite Party and then it was
registered as FIR being case no. 398/2020 dated 24.07.2020 u/s 498 A / 406 of Indian
Penal Code.

19. That the Petitioner on numerous occasion, had requested the Opposite Party to return her
jewelries and articles provided during her marriage to the Opposite Party and
subsequently to which the Opposite Party paid no heed. On the contrary Opposite Party
threatened the Petitioner that if she tries to take any help from the Law enforcement
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Authority (Police), then the result will not be good as the local Police Authorities are in
hand in glove with the Opposite Party.

20. That the Opposite Party is a habitual law breaker and causes flagrant violation of law at
his whims. The same is clear from the fact that the Opposite Party, time and again, tried
all evil means to inflict undue torture and harassment to the Petitioner.

21. That the Petitioner is spending her days in hand to mouth condition as she has no means
of livelihood and the Opposite Party did not even try to enquire regarding the Petitioner’s
whereabouts whereas the Petitioner still wants to continue her conjugal life.

22. That the Petitioner is unemployed and has no means of income of her own and the
Petitioner’s entire family is solely dependent on the income of the Petitioner’ ailing and
aging father whose monthly income is a meagre amount of Rs. 10,000/- (Rupees Ten
Thousand only) per month. On the other hand, the Opposite Party (No.1) works in a
reputed finance company i.e. EMKAY GLOBAL in Russel Street, Kolkata as a financial
advisor and his yearly income is to the tune of Rs.10,00,000 (Rupees Ten lakhs only).
Therefore, such denials are nothing but clear indication that the Opposite Party just wants
to continue harassing and torturing the Petitioner.

23. That the Opposite Party purchased one Flat in the name of Opposite Party and the
Petitioner amounting upto Rs.44,00,000/- (Rupees Forty- Four Lakhs) at Greenfields at
Shivrampur, Behala, Kolkata.

In view of the above your honour may graciously be

pleased to pass an order of maintenance u/s. 125 of
Criminal Procedure Code directing the Opposite Party to
pay Rs.20,000/- (Rupees Twenty Thousand Only) per
month for herself towards the maintenance such as food,
clothing, lodging & medical expenses of her own and
which is the basic requirement of the Petitioner, 20,000/-
(Rupees Twenty Thousand only) for the maintenance of the
child i.e. in total 40,000/- (Forty Thousand) and one time
litigation cost of Rs. 3,00,000/- (Rupees Three Lakhs)
and / or pass such other order(s) as your Honour may deem
fit.

And for this Act of Kindness, Your Petitioner as in dutybound shall ever pray.
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AFFIDAVIT

I, Alam Ara, wife of Manoj Kumar Shaw, daughter of Kalil Ahmed, aged about 36 years, by
faith- Islam, by occupation -homemaker, currently residing at 65 Pilkhana 2 nd Lane, PS-Golabari,
Howrah- 711101, do hereby solemnly affirm as follows: -

1. That I am the Petitioner of the instant case.

2. That I am acquainted with the facts and circumstances of this case.

3. That the statements made above are true to the best of my knowledge and belief.

Dated: 2nd August, 2020

Place: Howrah
_____________________
Deponent

Identified by me & signed in my

presence.

______________________
Advocate