Decided on April 23,2021

Pritilata Majumder Appellant
Krishnapada Majumder Respondents


S.G.CHATTOPADHYAY, J. - (1.) Petitioner has challenged impugned order dated 09.10.2018 passed by Judge, Family Court, Kailashahar in Crl. Misc. (125)-50 of 2018 declining to grant maintenance allowance to the petitioner in a proceeding under section 125, Cr.P.C initiated by the petitioner for herself and her minor daughter named Tuli Majumder.
(2.) The factual context of the case is as under: Petitioner Smt. Pritilata Majumder who is deaf and dumb filed a petition in the Family court at Kailashahar under section 125 Cr.P.C seeking maintenance allowance for herself and her minor daughter Tuli Majumder alleging that he entered into matrimonial alliance with the respondent on 19.09.2017 at Kumarghat and thereafter when she was carrying pregnancy her husband ousted her from her matrimonial home on 15.10.2017 committing physical and mental torture on her. She was then sheltered by her parents at their home where she gave birth to a daughter. After her daughter was born, she informed her husband. But neither the husband nor any other member of his family came to see the new born baby. It was stated by the petitioner that she does not have any means of livelihood to maintain her and her child whereas her husband is a businessman having a monthly income of not less than Rs.40,000/-. She, therefore, claimed Rs.5,000/- for herself and Rs.3,000/- for the daughter for their maintenance. After the case was registered in the Family Court, notice was issued to respondent No. 1. It appears from the order dated 07.07.2018 of the Family Court that father of respondent No.1 received notice on his behalf. Thereafter, several chances were given to the respondent to appear and submit his reply in court. Ultimately, the Family Court by order dated 16.08.2018 decided to hear the case ex parte since respondent husband of the petitioner did not appear.
(3.) In the course of trial petitioner examined herself as PW-1. Court engaged Shri. Krishnapada Bhattacharjee, assistant teacher of deaf and dumb school of Boulapassa to interpret the evidence of the petitioner to the court since the petitioner was deaf and dumb. It has been recorded by the court that as she was unable to understand the sign language, court could not record her evidence even with the aid of the trained interpreter. Showing her mother in the court, she told that her mother was aware of everything of her life.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.