District South 24 Pgns.
In The Court Of Ld. Additional Chief Judicial Magistrate At Diamond
Amita Kayal – Petitioner.
Goutam Kayal –Opp.Party.
Copy of Order
Record is taken up for order
as today is fixed for passing order.
It appears from the record that the notice through post as sent to O.P’s
address did not return even after four months time. Though the postal
receipts was there to show that notice sent to O.P’s address and
considering the same it was demand as service of notice upon the O.P.
and thereafter the case was heard exparte.
The petitioner’s case
in gist is that since after few months of the marriage, her husband,
father-in-law, mother-in-law and brother-in-law (Debar) started physical
and mental torture upon the petitioner as petitioner is not looking
good and they pressed the petitioner to bring case of Rs. 10,000/- for
her father’s house and to fulfill their demand of cash, they used
to assault the petitioner and even kept her under starvation. Petitioner
gave birth of a female baby by the conjugal relation with the O.P. Petitioner
was enduring the torture at her in –law’s house but on 29.06.07.
O.P and his family members after assaulting the petitioner drove her
out from her in-law’s house with out any belongings and being
compelled, petitioner along with her child took shelter at her father’s
house and lodged G.D. being No. 1726 Dt. 29.06.07 Despite taking place
of several sittings before Panchayat the O.P. and his family members
did not agree to compromise the dispute. Petitioner having no income
and being tortured lady has been passing her days along with her child
through inconvenience for want of food.
Under the circumstance,
petitioner prayed for relief u/s. 18,19,20,21 and 22 of the Protection
of Women from Domestic Violence Act, 2005.
On perusal of the testimony
of the petitioner, it to appears that her testimony is the resemblance
of the contentions of her petition u/s. of the Protection of Women from
Domestic Violence Act.
The three papers filled
by the petitioner prove that there were several sittings for compromising
the dispute but from the end of O.P. there was no positive intention
to take the petitioner which constrained the petitioner to come before
the court for relief. Petitioner in her evidence, stated that she prays
for an order so that she can reside with her husband in peace. This
prayer of the petitioner is like other married women and so long the
marital tie exits the petitioner to live with her husband in her fundamental
right guaranteed by the constitution. In the present case it has primafacie
proved that domestic violence taken place in the in-law’s house
and petitioner is aggrieved person. Therefore, the prayer of the petitioner
is found allowable.
that the M.Case is allowed
exparte against the O.P. and thereby O.P. is directed to bring back
the petitioner along with her child from the petitioner’s father’s
house to O.P.’s residence or at a rented house within 15 days
from the receiving of this order and to maintain the petitioner and
her child. Otherwise petitioner is entitled to maintenance @ Rs. 750/-
P.M. for herself and @ Rs. 450/- P.M. for the petitioner’s daughter
from the month of June, 2008.
If O.P. takes back the petitioner as directed, O.C. Kakdwip will visit
the residence of the O.P. once in every month and on 1st Saturday of
each month shall report to the court for six month.
If the O.P. neither takes back the petitioner nor pays her maintenance
by 90(Ninety0 days from knowledge, penalty will follow as per section
30 of the Act.
O.C. Kakdwip is directed to hand over the copy of this order to O.P.
by 48hours from his receiving the copy of the order.
Let two sets of copies of order be sent to O.C. Kakdwip for his information
Let another copy of this order be supplied to the petitioner at free
Memo No. 670 Dated -25.07.2008
Forwarded the copy of order to the O.C. Kakdwip P.S. for information
and necessary action.