ALIYA BEGUM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application is against an ex-parte order of maintenance in Misc Case No.141 of 2019 dtd. 17/10/2019 by the Learned 5th Judicial Magistrate, Burdwan Court.

(2.) Petitioner's case is that she was married to Harun Rasid Sk. on 5th of Jaistha 1416 B.S. as per Muslim Shariat. After one year of such marriage the O.P. as per instigation of his relatives demanded further cash of Rs.3,00,000.00 from the father of the petitioner for purchasing tractor. As the father of the petitioner expressed his inability so the O.P. and his family members started to inflict physical and mental torture upon the petitioner. O.P. used to assault the petitioner everyday because of instigation by his family members. In the mean time the petitioner gave birth to her minor daughter who is presently 5 years of age. After birth of the girl child, the torture upon the petitioner increased. Ultimately on 13/3/2019 at night the petitioner was severely tortured by O.P. and his relatives after snatching away all her Stridhan Properties, they strangulated the petitioner and poured Kerosene oil upon the petitioner under impression that the petitioner has died. Hearing hue and cry, the father of the petitioner and other persons rushed to the place of occurrence and they rescued the petitioner and her minor daughter from there. The petitioner was taken to Hospital for medical treatment. From then the petitioner along with her minor daughter are residing at her father's house. The petitioner has no source of income.

(3.) The petitioner/wife's case is that she now works as a maid servant and has got an ex parte interim order in Misc. Case No. 141 of 2019 by the order dtd. 17/10/2019 passed by the Learned Judicial Magistrate, Burdwan where upon the Learned Magistrate awarded maintenance of Rs.3,000.00per month to the applicant/petitioner herein along with her minor daughter.