DISTRICT- MALDA
IN THE COURT OF THE LEARNED ADDITIONAL CHIEF JUDICIAL MAGISTRATE
AT CHANCHAL, DISTRICT- HOOGHLY
Ref:- Misc.Case No. /2025
In The Matter Of:
An Application Under Section 144 of the Bharatiya
Nagarik Suraksha Sanhita Act,2023;
AND
In The Matter Of:
Smt. Rakhi Mandal Das @ Rakhi Mandal, daughter of
Mr. Nidhir Mandal, wife of Mr. Asit Das, residing at
Village- Goraksha, Post Office- Goraksha, Police
Station- Ratua, District- Malda-732204
…Petitioner
- Versus –
Asit Das, aged about 34 years, Son of Mr. Manindra
Nath Das, residing at Village and Post Office:
Goraksha, Police Station- Ratua, District- Malda-
732204
…Respondents/Opposite Parties
APPLICATION FOR SEEKING MAINTENANCE UNDER SECTION 144 OF THE BHARATIYA
NAGARIK SURAKSHA SANHITA ACT,2023 FOR AND ON BEHALF OF THE PETITIONER.
AMOUNT CLAIMED -RS.50,000/- PER MONTH
MOST RESPECTFULLY SHEWETH:
1. That the petitioner is a peaceful and law-abiding citizen and the legally wedded wife of the
respondent. The petitioner is residing within the jurisdiction of this Hon'ble Court.
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2. That petitioner was married to the respondent according to the Hindu rites and ceremonies
on the 20th Day of April, 2019, under the Hindu Marriage Act, 1955 in presence of members of
both the families, and therebefore there was social ceremony on 10th Day of June, 2010 which
took place at the Petitioner parent house. That one child, namely Abhishek Das, out of said wedlock
Copy of the marriage certificate, photographs and child birth certificate is annexed herewith as
Annexure A.
3. That it is crucial to highlight that above mentioned marriage was consummated since 15 years
and the respondent stayed together after their marriage till 06.02.2025 and thereafter due to
temperamental indifferences the petitioner was started residing with her parents.
4. That the petitioner was subjected to the utmost cruelty by the respondent and his family
members on account of dowry demands. The petitioner being a law abiding citizen has already
filed a criminal complaint to this effect before the Pukuria Police Station, against the
respondent and his family members and the same was converted into an FIR , Pukuria Police
Station Case No. 179/2025 , dated 12.09.2025, Under Section 498A/323/307 of Indian Penal Code,
1860, r/w section 4 of the Protection of Women from Domestic Violence Act, 2005 and the
contents of the same are not repeated herein for the sake of brevity and the same may be
read as part and parcel of this petition. Copy of the same is annexed herewith as Annexure-
B.
5. That at the time of negotiation of the marriage, the Respondents/Opposite Parties had specific
demands of money to the tune of Rs. 20 lakhs, gold ornaments, furniture, goods, etc which could
not be fulfilled by the Petitioner herein and her family members. However, at the time of marriage,
the Petitioner’s father could able to arrange for the a sum of Rs. 2 lakhs and the same was handed
over to him along with several other gold ornaments such as one 1.5 bhori of gold chain, one
golden ring, one 2 bhori weighing necklace, one piece of 1 bhori gold chain, two 1.5 bhori bouti
(each), one gold mantasha etc and furniture like bed, bedding, almirah, dressing table and bed side
table and other household goods and items.
6. That it is regretted that respondent and his family members are not satisfied with the
dowry articles given by petitioner’s father at the time of solemnization of marriage and on
very first night, the respondent said the petitioner that there were many parties who were
ready to given Rs.20 lacs in dowry. The condition of the petitioner can be well imagined
as she had to listen these words on very first night of her matrimonial life. The petitioner
became suspicious on very first night that the intention of the respondent and his family
members is malafide and greedy. The mother-in-law, father-in-law and sister-in-law of the
petitioner taunted the petitioner for bringing dowry which was not upto their satisfaction.
All of them openly said that such an ordinary marriage is solemnized these days by
common people and they never expected that the petitioner will b ring so less dowry
with her.
7. That thereafter, respondent and his family members used to taunt the petitioner for
bringing less dowry and they used to compare the dowry of others. when the petitioner said to
the respondent that such type of behaviour and taunts had been increasing, the respondent
said that the petitioner deserve these taunts as she has not brought dowry up to their
expectations.
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8. That whenever some one come from petitioner’s parental family to see the petitioner,
respondent and his family members used to misbehave with them. Even father-in-law of
the petitioner said to the petitioner that if her mother came to see her, they will kill the
petitioner. The respondent often used to beat the petitioner mercilessly. Once mother-in-law
of the petitioner also beated the petitioner with a frypan and once she pushed the
petitioner from the stairs, the petitioner was and there was mild bleeding from her head.
Inspite of this, the petitioner did not respect the matter to police or to her parents as she
did not want to spoil her matrimonial life. The petitioner tolerated their misbehaviour and
taunts only to save her matrimonial life.
9. That on the very next day of marriage, petitioner’s mother-in-law took all the jewellery
given by petitioner’s parents to the petitioner and she also took all the jewellery which
was given to petitioner by her in-laws. She said that it is risky to wear jewellery and she
will keep the jewellery at a safe place.
10. The petitioner was not allowed even to watch T.V. whenever she tried so. The T.V.
was switched off by petitioner’s mother-in-law as saying “UTILITY BILL KI TOR BAAP
DIBE.” The petitioner’s sister-in-law 1is also in hand in gloves with them and whenever
she visited the matrimonial home of the petitioner, a meeting used to take place and
thereafter, the petitioner was beaten by the respondent. All the provocation was from her
Nand Poonam Talwar, who also used to taunt the petitioner saying “CHOTO LOK PORIBAR
LOK”. The petitioner’s in laws also said that she wanted a heavy golden chain for herself
and a heavy golden kada for her husband. Petitioner’s parents-in-laws said that they will
marry their son with girlfriend else and even in second marriage, their son will get about
Rs.1l5 lacs in dowry. In short, they all want to thrown the petitioner out of her matrimonial
home.
11. That the respondent never gave the petitioner even a single paise for petitioner patty
expenses, which an ordinary women requires for her personal use articles. Whatever the
petitioner ‘s mother give her when she visited at the time of festivals, petitioner’s mother-
in-law snatched all the money and articles from the petitioner, given to the petitioner by
her mother.
12. That petitioner’s mother-in-law used to taunt the petitioner by calling her a characterless
lady and she used to take the petitioner’s name with some persons whom even the
petitioner do not know by their names. Their only ultimate aim is to harass and get rid
of the petitioner.
13. That on 2nd Day of May, 2024 in the evening, the petitioner heard some noises in the
house and saw that the respondent and father-in-law were discussing something loudly and
when they saw the petitioner, they said that they require Rs.5 lacs urgently and asked the
petitioner to call her parents and informed them about the demand of Rs.5 lakh by the
abovesaid persons. The petitioner said that recently her father has solemnized her marriage
and it will be very difficult for him to arrange such a big amount of Rs.5 lacs. At this
both, respondent and his father got annoyed and said that now they do not want to keep
the petitioner with them and even said that the petitioner should leave their home
immediately.
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The petitioner said that she wants to stay at the matrimonial home. However, the
developments were informed to her parents by the petitioner. On listening all the things,
the petitioner’s father got worried. Back home the petitioner was not allowed to sleep
throughout night and in the morning, the respondent said that the petitioner is going to
leave her at her parental home. seeing no alternative, the petitioner agreed. While the
petitioner and her husband were coming out of the society by chance father of the petitioner
also arrived and thereafter, all of us came back for discussion and if was decided that the
petitioner will continue to stay at her matrimonial home.
14. That the respondent are employee employed as a Constable with the West Bengal State Police,
posted at Beldanga EF Line, under the Berhampore Superintendent of Police, Murshidabad, vide
CONS No. 1606.
15. The respondent is engaged in an extramarital and sexual relationship with their colleague at
the workplace. Additionally, the respondent transfers one lakh rupees to her every month.
16. That the respondent has neglected and refused to maintain the petitioner and has
deliberately and malafidely never provided any maintenance allowance to her. Since the
time she is living separately the burden of looking after the petitioner is on her parents
and she has borne physical and mental cruelties at the hands of the respondent and the
respondent has been thoroughly insensitive to the needs of the petitioner. The petitioner is
entitled to the same standard of living as maintained by the respondent. The respondent is
legally, socially and morally bound to maintain the petitioner. The respondent has no other
liability except to maintain the petitioner.
17. That the break up of the expenses of the petitioner, incurred per month is being given
as under:
(a) House maintenance including
Including electricity, water and
Telephone charges etc. Rs 20,000/-
(b) Medical expenses Rs. 5,000/-
(c) Expenses on clothes Rs. 10,000/-
(d) Misc, expenses, entertainment
Amusement parks, etc. Rs. 5,000/~
(f) Transportation Rs. 7,000/-
(g) Other expenses Rs. 3,000/-
Total Rs. 50,000/- ( In words: Fifty Thousand Only)
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18. That the respondent 1is living in his own house and enjoying all the luxuries available
as he 1is earning from salary and business approx. Rs.1,25,000/- Per month and above out of
his aforesaid resources. The respondent has neglected the petitioner in such a manner that
he has totally forgotten her as that she has never existed in his life.
19. That the petitioner is claiming an amount of Rs. 50,000/- per month from the respondent
for her food, clothing, house maintenance, medical expenses. The amount claimed 1is quite
reasonable. The respondent who is having monthly income of Rs. 1,25,000/-per month can
easily afford to pay the amount of Rs.50,000/- per month towards the maintenance of the
petitioner and the respondent is legally and morally bound to maintain the petitioners.
20. That the marriage of the petitioner with the Respondent was solemnized in Pukuria,
Malda. The petitioner as well as the respondent also resides and work for gain in
Beharampur, Murshidibad. Thus, this Hon’ble court has the jurisdiction to try and entertain
the present petition.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble
Court may very kindly be pleased to: -
a). direct the respondent to pay a sum of Rs.50,000/-
per month for the maintenance of the petitioner and a
decree to that effect be passed and /or
b) award the Cost of litigation to the tune of
Rs.11,000/-.
c). This Hon’ble court may pass any other or further
order as may be deemed fit and proper in the facts and
circumstances of the cases.
Petitioner
VERIFICATION: -
Verified at Chanchal, Malda on 5th Day of May,2025, that the contents of Para 1 to 20 of
the petition are true and correct to the best of knowledge while those of paras and __ are
true and believed to be correct. Last para is a payer to this Hon'ble Court.
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DISTRICT- MALDA
IN THE COURT OF THE LEARNED ADDITIONAL CHIEF JUDICIAL MAGISTRATE
AT CHANCHAL, DISTRICT- HOOGHLY
Ref:- Misc.Case No. /2025
In The Matter Of:
An Application Under Section 144 of the Bharatiya
Nagarik Suraksha Sanhita Act,2023;
AND
In The Matter Of:
Smt. Rakhi Mandal Das @ Rakhi Mandal, daughter of
Mr. Nidhir Mandal, wife of Mr. Asit Das, residing at
Village- Goraksha, Post Office- Goraksha, Police
Station- Ratua, District- Malda-732204
…Petitioner
- Versus –
Asit Das, aged about 34 years, Son of Mr. Manindra
Nath Das, residing at Village and Post Office:
Goraksha, Police Station- Ratua, District- Malda-
732204
…Respondents/Opposite Parties
AF F I DAVIT
I, Mrs. Rakhi Mandal Das @ Rakhi Mandal, daughter of Mr. Nidhir Mandal, wife of Mr. Asit Das,
residing at Village- Goraksha, Post Office- Goraksha, Police Station- Ratua, District- Malda-
732204, West Bengal, do hereby solemn and affirm by;
1. That I am the petitioner and am well conversant with the facts and circumstances of
the case and also competent to file the present affidavit.
2. That the contents of the annexed petition u/s 144of the BNSS, 2023, has been drafted
by my counsel as per my instruction and the contents of the same have been duly read
over and understood by me and after fully understanding the contents of the same, I
hereby state that the facts stated therein are all true and correct to the best of my
knowledge.
The contents of said application may kindly be read as part and parcel of this affidavit
also as the contents of the same have not been repeated herein for the sake of brevity.
DEPONENT
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DISTRICT- MALDA
IN THE COURT OF THE LEARNED ADDITIONAL CHIEF JUDICIAL MAGISTRATE
AT CHANCHAL, DISTRICT- HOOGHLY
Ref:- Misc.Case No. /2025
In The Matter Of:
An Application Under Section 144 of the Bharatiya
Nagarik Suraksha Sanhita Act,2023;
AND
In The Matter Of:
Smt. Rakhi Mandal Das @ Rakhi Mandal, daughter of
Mr. Nidhir Mandal, wife of Mr. Asit Das, residing at
Village- Goraksha, Post Office- Goraksha, Police
Station- Ratua, District- Malda-732204
…Petitioner
- Versus –
Asit Das, aged about 34 years, Son of Mr. Manindra
Nath Das, residing at Village and Post Office:
Goraksha, Police Station- Ratua, District- Malda-
732204
…Respondents/Opposite Parties
Application for the grant of interim maintenance.
Most respectfully showeth:-—
1. That the petitioner has filed the accompanying petition for maintenance of Rs. 50,000/~
per month from the respondent who is the husband of petitioner. The petitioner has filed
the present petition.
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2. That the respondent is the husband of the petitioner and has neglected to maintain the
petitioner. The petitioner is, thus, claiming an amount of Rs.50,000/- per month from the
respondent who is a man of means and well to do and earning an handsome amount of
Rs. 1,25,000/- per month. The amount claimed is more than reasonable and the respondent
can easily afford to pay such a sum towards the maintenance of petitioner.
3. That the respondent has deliberately and malafide never provided any maintenance
allowance to the petitioner. All these years, the burden of looking after her was totally
upon her old aged parents, who has borne physical and mental cruelties at the hands of
the respondent and the respondent has been thoroughly insensitive to the needs of the
petitioner. The petitioner is entitled to the same standard of living as maintained by the
respondent as she is his legally wedded wife.
4. That the balance of convenience lies in favour of the petitioner and in case the
respondent continues to neglect to provide maintenance to the petitioner, the petitioner will
be deprived of various opportunities which other women and children of the same status
and standard would be enjoying.
PRAYER:
It is, therefore, most respectfully prayed that
a. The respondent be directed to pay a sum of Rs.
50,000/- per month as maintenance to the petitioners by
way of interim maintenance.
b. This Hon’ble court may pass any other or further
order as may be deemed fit and proper in the facts and
circumstances of the case.
Petitioner
VERIFICATION: -
Verified at Chanchal, Malda on 5th Day of May,2025, that the contents of Para 1 to 4 of
the petition are true and correct to the best of knowledge while those of paras and __ are
true and believed to be correct. Last para is a payer to this Hon'ble Court.
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DISTRICT- MALDA
IN THE COURT OF THE LEARNED ADDITIONAL CHIEF JUDICIAL MAGISTRATE
AT CHANCHAL, DISTRICT- HOOGHLY
Ref:- Misc.Case No. /2025
In The Matter Of:
An Application Under Section 144 of the Bharatiya
Nagarik Suraksha Sanhita Act,2023;
AND
In The Matter Of:
Smt. Rakhi Mandal Das @ Rakhi Mandal, daughter of
Mr. Nidhir Mandal, wife of Mr. Asit Das, residing at
Village- Goraksha, Post Office- Goraksha, Police
Station- Ratua, District- Malda-732204
…Petitioner
- Versus –
Asit Das, aged about 34 years, Son of Mr. Manindra
Nath Das, residing at Village and Post Office:
Goraksha, Police Station- Ratua, District- Malda-
732204
…Respondents/Opposite Parties
AF F I DAVIT
I, Mrs. Rakhi Mandal Das @ Rakhi Mandal, daughter of Mr. Nidhir Mandal, wife of Mr. Asit Das,
residing at Village- Goraksha, Post Office- Goraksha, Police Station- Ratua, District- Malda-
732204, West Bengal, do hereby solemn and affirm by;
1. That I am the petitioner and am well conversant with the facts and circumstances of
the case and also competent to file the present affidavit.
2. That the contents of the annexed petition u/s 144of the BNSS, 2023, has been drafted
by my counsel as per my instruction and the contents of the same have been duly read
over and understood by me and after fully understanding the contents of the same, I
hereby state that the facts stated therein are all true and correct to the best of my
knowledge.
The contents of said application may kindly be read as part and parcel of this affidavit
also as the contents of the same have not been repeated herein for the sake of brevity.
DEPONENT
