in the court of sub-divisional judicial magistrate...

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Smt. Sutapa Bhusan, SDJM (M), Titabar Misc. Case No. 35/2018

IN THE COURT OF SUB-DIVISIONAL JUDICIAL MAGISTRATE (M), TITABAR

Ref. : Misc. case No. 35 of 2018

Under section 125 of Cr.P.C.

Smt. Minakshi Chakraborty …... 1st Party

-Vs-

Sri Suman Chakraborty ….. 2nd Party

PRESENT : SMT. SUTAPA BHUSAN, A.J.S.

SUB-DIVISIONAL JUDICIAL MAGISTRATE (M),

TITABAR

Date of recording 1st party evidence …….. 16.07.2019, 02.08.2019, 03.09.2019

Date of recording 2nd party evidence ……. Nil.

Date of argument ....... 19.11.2019

Date of judgment/order ....... 24.12.2019

Ld. Advocates for the 1st party .... Mr. Deepak Prasad, Mrs. Anindita

Saikia & Mrs. R. Devi

Ld. Advocate for the 2nd party .... Nil.

JUDGMENT AND ORDER (Ex-parte) 1. The application is filed by the 1st party under section 125 of Cr.P.C. where

1st party inter-alia states that her marriage was solemnized with the 2nd party on

23.01.2018 as per Hindu Customs and Rites and at the time of her marriage, she

was provided with all the ‘streedhan’ as required in her marital life. 1st party

states in her petition that the 2nd party is a businessman by profession having his

own shop deals with gift items, Xerox, mobile recharge card, etc. under the

name and style as “Balaji Enterprise” situated at Barma Camp, Dimapur and his

father Sri Sibu Prasad Chakraborty is the Chief Ticket Inspector in Indian Railway

presently posted at Dimapur Railway Station. 1st party also states that at the time

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of marriage the 1st party was studying in H.S. Final Year at Mariani College,

Mariani. It was a mutual settlement between both the families that the 1st party

will continue her studies after marriage and accordingly after 15 days of her

marriage the father of the 1st party took her home for giving the H.S. Final

Examination. When the examination was over the father of the 1st party informed

the 2nd party to take the 1st party to their home that the 2nd party had shown no

interest to take back her home and always make silly excuses therefore the 1st

party was bound to stay at her paternal home for 1½ months. And at last leaving

with no other option on 20.03.2018 the father of the 1st party took her to 2nd

party’s home. That the 2nd party gradually started to abuses the 1st party with

filthy languages and implicit mental torture upon her. The 1st party tried to adjust

with her conjugal life considering all those atrocities as a domestic wear and tear

of the conjugal life and everything will be alright as the time goes by. That the

2nd party and his father Sri Sibu Prasad Chakraborty demanded dowry from the

1st party and ask her to bring valuable items from her paternal house. When the

1st party refused to abide by their demand, the 2nd party had physically assaulted

her. That the 1st party in her matrimonial home was treated like a maid and she

was almost compel to confine in the kitchen only. The 2nd party and his family

members compel the 1st party to do all the household works without any rest and

did not provide her proper food and water. That the 1st party tried to adjust with

all these traumas considering that these are domestic wear and tear and as the

time goes by the things will fall into places but her hope and aspirations of the

peaceful marital life did not materialize. That the 2nd party since the day of his

marriage never took any care and responsibilities as a husband. That the 2nd

party always behaved weirdly with the 1st party and whenever the 1st party

wishes to be intimated with him, he always avoided her under various pretext.

That on 17.04.2018, the father of the 1st party took her home for NRC related

matter and about cruel behavour of her husband/2nd party and their parents.

After completion of NRC works on 01.05.2018 the father of the 1st party took her

back to the 2nd party’s home. That on 20.05.2018 the parties of the 1st party

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along with her paternal uncle Bijay Chakraborty and Manab Chakraborty went to

2nd party’s home at Dimapur for reconciliation between 1st party and 2nd party.

But parents of the 2nd party did not allow them to enter their house and give a

place to sit down at Railway guest house. The father of the 2nd party and the 2nd

party itself alleges that the 1st party is not a virgin and the 2nd party came to

know this at the very first night of their marriage and they alleged that she has

an affair with another man before her marriage. The father of the 2nd party have

given assurance that the difference between 1st party and 2nd party will be

resolved by him but he fails to keep his promise and he said the 1st party that

they will only able to provide food and cloth to the 1st party. That the 2nd party

from the very first night of his marriage shown strange behaviour although the

2nd party seem to be a well built healthy made but his attitude and conduct

showed some bizarre as he showed some female characteristic in his behaviour.

The 2nd party has serious sexual problem and he has taken medicine (Joributi) as

being advised by some local “Baba” at his locality whenever the 1st party tried to

become intimate with the 2nd party he always gave some strange reason for not

making any physical relationship with the 1st party. That on 03.06.2018 the

parents of the 1st party along with her paternal uncle Manab Chakraborty and

Bijay Chakraborty and one neighbor Anita Roy went to 1st party matrimonial

home and found the 1st party in a horrible manner. The second party and his

father abused them with foul languages and asked them to take the 1st party

with them otherwise the 2nd party will kill her. They have no other option but

took the 1st party to Mariani. That the parents of the 1st party along with

President and Member of Surujmukhee Mahila Committee, Mariani Smt. Niru

Buragohain and Sukla Banik went to 1st party’s matrimonial home trying to

settled the differences between 1st party and the 2nd party on the occasion dated

26.07.2018 and 12.08.2018 but they have not got any fruitful result. That since

03.06.2018 the 1st party is living with her parents. The 1st party is only 20 years

old and she failed to pass the H.S. Final Year Examination therefore she took the

admission again in H.S. 2nd Year at Mariani College, Mariani and she is not in a

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position to maintain herself. The 2nd party till date never bears a single penny in

the 1st party. The 1st party is facing insurmountable financial hardship for raising

educational expenses. That the 1st party is living a miserable life with no hope

and aspiration. She was waiting with a faint expectation that the 2nd party will

come back and take her and to resume their conjugal life, but unfortunately her

hope did not yield the desired results as the 2nd party never turned upto

reconcile. That the 2nd party is an established businessman having his own shop

at Barma Camp, Dimapur under the name and style of “Balaji Enterprise” deals

with gift items, Xerox and mobile recharge card. The 2nd party’s father Sri Sibu

Prasad Chakraborty is the Chief Ticket Inspector in Indian Railway presently

posted at Dimapur Railway Station and together the 2nd party and his father

earns more than Rs. 2,00,000/- per month. That the 1st party at present solely

relying on the income of her parents as she is unable to maintain herself. The 1st

party is facing immense difficulty in maintaining herself. The 2nd party in spite of

having all the luxury and comfort as mentioned herein above did not provide a

single penny to the 1st party till date for her maintenance and placed the 1st party

in penurious and hopeless position and the 1st party being left with no other

option compel to file this maintenance application. Hence, the 1st party prays

before this Court to grant maintenance of amount of Rs. 30,000/- (Rupees Thirty

Thousand) only per month as per provision of law.

2] On filing of this application under section 125 Cr.P.C. same was

registered and notice was issued to the second party, who appeared and

contested this case by filing written statement. 2nd party in his written statement

has denied all the facts mentioned by the 1st party paragraph wise and stated

that the petition has been filed by the 1st party with false allegation and cooked

by stories to put the 2nd party to harassment for the reason best known to the

said 1st party. Hence, the petition is not maintainable and liable to be dismissed.

2nd party stated that the statement made by the 1st party in Para No. 2 of the

Misc. petition are denied and in this regard the answering 2nd party states that

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the 2nd party is not a Businessman by Occupation, but he is a mere Private

Employee, having earning of Rs. 5,500/- (Rupees Five Thousand and Five

Hundred) only. It is not correct to say that the second party is having his Shop in

the name and style of M/S. Balaji Enterprise, in fact, the said business

establishment was closed on 09/02/2018 owing to failure of business and

thereafter the 2nd party is serving in a Private Firm at Dimapur and supporting his

livelihood. It is stated further that the 2nd party is presently residing in a rented

house since after separation from his father. 2nd party stated that the statement

made in Para No. 3 of the Misc. petition as regards to the solemnization of

marriage, the answering second party offers no comments, however, as regards

to the stridhan, the second party states that considering the economic

background of the father of the 1st party, the 2nd party had solemnized marriage

without any gift or offer from the father of the 1st party stated as ‘stridhan’. Thus,

the 1st party has file this instant Misc. petition under false pleas and cooked up

stories. 2nd party also stated that the statements made in Para No.4 of the

petition as regards to the going of the 1st party at her father’s house for

appearing examination are not controverted, however, since after taking her last

examination, the first party did not turned up to matrimonial home, rather on

every occasion of the calling of the second party to come back the first party had

been delaying her return under false plea. 2nd party stated that the statement

made by the 1st party in Para No.5 of the Misc. petition are denied and in this

regard the answering second party states that after her return to matrimonial

home, the 1st party started misbehaving with the 2nd party and his parents and

the 1st party on every occasion, now and then, started pressurizing 2nd party to

take her to the father’s home, even denying conjugal relation with the second

party. 2nd party stated that the statement made by the 1st party in Para No.6

inter-alia that “the second party and his father Sri Sibu Prasad Chakraborty

demand dowry from the 1st party and asked her to bring valuable items from her

parental house. When the 1st party refused to abide by their demand the 2nd

party had physically assaulted her” asserted her blatant lie and in this regard the

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answering second party states that the first party with a view to harass the

second party putting such baseless unfounded allegation against the second

party. 2nd party stated that the statements made by the first party in Para No. 7

of the Misc. petition inter-alia “that the fist party in her matrimonial home was

treated like a maid and she was almost compel to confine in the kitchen only.

The second party and his family members compel the first party to do all the

household works without any rest and did not provide her proper food and

water,” the second party states that during those days the second party was

residing with his parents in Railway Colony Quarter, wherein the family consisted

four members and the mother of the second party used to do her household

works with the help of the domestic aid, whereto during the staying period of the

fist party in matrimonial home, the first party was not required to do any

household works. 2nd party stated that the statement made in Para No. 8 are

denied and in this regard the answering 2nd party states that it is the first party

who since after keeping her steps to matrimonial home and during her brief stay,

always treated the second party and his parents indifferently and the first party

every and now and then was pressurizing the second party to provide monetary

assistance enabling to switch over the father of the first party form present

vegetable vendor to a permanent sitting business. 2nd party stated that the

statement made by the first party in Para No. 9 of the Misc. petition inter alia

“that the first party tried to adjust with all these trauma considering that these

are domestic wear and tear and as the time goes by the things will fall into

places but her hope and aspirations of the peaceful material life did not

materialize. That the 2nd party since the day of his marriage never took any care

and responsibilities as a husband. That the second party always behaved weirdly

without the first party and whenever first party wishes to be intimated with him,

he always avoided her under various pretext….” are controverted and in this

regard the second party states that the first party did not have notion to stay at

matrimonial home, whereto the first party used to leave matrimonial home with

the plea of bringing the issue of N.R.C. work. 2nd party stated that the

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statement made in Para No. 10 by the first party in the Misc. petition inter-alia

“that on 20.04.2018 the parents of the first party along with her paternal uncle

Bijoy Chakraborty went to the second party’s home at Dimapur for reconciliation

between first party and second party. But parents of the second party did not

allow them to enter their house and give a place to sit down at Railway gust

house. The father of the second party and the second party itself alleges that the

first party is not a virgin and the second party came to know this at the very first

night of their marriage and they alleged that she has an affair with another man

before her marriage. The father of the second party have given assurance that

the difference between first party and second party will resolve by him but he

fails to kept his promise and he said the first party that they will only able to

provide food and cloth to the first party…..” are denied and in this regard the

second party states that first party with a view to put the second party and his

parents to harassment and suffering are putting such unfounded and baseless

allegation. The statement made in Para No. 11 by the first party in the Misc.

petition is denied and the averments of the first party are crystal clear about the

attitude of the first party. The statement made in Para No. 12, as regards to the

appearance of the parties are not denied, however, the parties and accompanied

persons attached the second party and his parents with abusive/filthy languages

and it is not correct that the second party asked the father of the first party to

take her otherwise she would be killed. 2nd party stated with respect to Para No.

14 that the first party is somehow well educated and is engaged in giving tuition

to support her parents. 2nd party stated that the statement made in Para No. 15

and Para No. 16 by the first party in the Misc. petition are not correct, as it is the

first party herself who has raised the physical bail of the second party. The 2nd

party stated that the statement made in Para No. 17 by the first party in the

Misc. petition is denied as the first party is imparting private tuition and which is

sufficient to maintain the said first party. Therefore, second party prays before

this Court to dismiss this instant case.

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3] Based on the above pleadings of the parties the point which

arise for determination in this case are :-

1. Whether the 1st party is legally married wife of the second party?

2. Whether 2nd party refused or neglected to maintain 1st party?

3. Whether the 1st party without sufficient cause is living away from 2nd

party?

4. Whether the 2nd party has sufficient means to provide maintenance to

the 1st party?

5. Whether the 1st party is entitled to the relief of maintenance as prayed

for?

4] Evidence of 1st party is lead by herself, who is examined as PW1

and three others as PW2, PW3 and PW4. 2nd party had not adduced any evidence

in this case.

5] I have heard both sides and also perused the materials

and evidence on record. My decision and reasons for the decision are as

follows:-

6] PW1, Smt. Minakshi Chakraborty is the Informant of this case who

has stated in her evidence that she got married with the 2nd party on 23.01.2018

and she started to live with 2nd party. When their marriage was settled (her final

examination of H.S. XII was nearby), it was agreed that after marriage she shall

be allowed to give H.S. Final Examination. But after marriage in-laws restrained

her to give exam which was 15 days after marriage. After 15 days of marriage

her father went to her husband’s house and bring her back to give exam. Her

father-in-laws Shibu Prasad Chakraborty called her father over telephone that

she cannot wear saree, cannot work properly and she does not know manners.

2nd party refused to take her back. After completion of examination when her

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father called her husband to take her, her husband told him that he is busy and

could not take her back and asked her father to take her to 2nd party’s house. On

20.03.2018, her father along with her brother took her to her husband’s house at

Dimapur. Then 2nd party started mental torture upon her along with mother-in-

law and father-in-law. Her husband refused to maintain conjugal relationship

with her. 2nd party and other in-laws demanded Rs. 2,00,000/- from her father

and said if said amount is paid then their relationship (husband-wife) will become

good. Her father told that he is unable to pay the money. Her father-in-law in

drunken condition mentally tortured her for fulfilling demand of Rs. 2,00,000/-.

After ashirbad also 2nd party demanded money. Father-in-law said that if money

is not given, she has to stay there as Servant and if she refuse to stay like

Servant she can go back to her father’s house. 2nd party and in-laws confine her

if some outsider came to house. They also used to treat her like Servant and she

had to work all the work of kitchen. When she beg to her husband to start good

relationship with her he kicked her and told that he does not like her now and

asked her to go to her father’s house. For NRC work on 17.04.2018 her parents

went to 2nd party’s house and took her. Since then 2nd party had not came to

take her back, though her father called them. Her father-in-law and husband had

not shown any interest to take her back. Again on 20.05.2018 her father and

brother took her to her husband’s house. Like earlier 2nd party and in-laws

continued torture upon her. Father-in-law also started to threaten her to beat

with a stick. Then she informed her mother over telephone. Then her uncle Bijoy

Chakraborty, Anita Roy, her mother and father went to Dimapur to discuss over

the matter. 2nd party and in-laws behaved badly with her parents and relatives.

Her father-in-law is working as T.T. Inspector. They took her relatives and

parents to sent house instead of house and said 2nd party is not satisfied with her

and 2nd party said that on first day in bed he had understood that she has illicit

relationship with another person and he is not satisfied with her to continue

married life. Her father-in-law insisted to keep her to in-laws house and he will

settle the matter. But he never tried to settle and always asked her to return to

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her parent’s house if she cannot stay in their house like Servant. 2nd party has

some sexual problems and he is impotent. She saw him taking many medicines

and also realized from their physical relationship. On 03.06.2018, her parents

were forced to take her back to her parent’s house. 2nd party to cover his own

fault tried to blame her by bringing various allegations against her. Her father

tried to settle the matter with the interference of Mahila Samiti but no fruitful

result came out. Since 03.06.2018 2nd party has never tried to take her back,

never called her or never given any maintenance. Her father is financially weak

and she need Rs. 30,000/- for her education and maintenance. Her husband has

shop in the name of Balaji Enterprise where gift items, recharge card and Xerox

business is run by her husband. Her husband is single child of her father-in-law.

Father-in-law is working as Chief T.T. Her husband earns more than Rs. 50,000/-

p.m. from all sources and father-in-law also earns more than 1,00,000/- per

month. Their total income is Rs. 2,00,000/- per month.

7] PW2, Sri Bijoy Chakraborty deposed in his evidence that 1st party is

his niece. She got married with 2nd party on 23.01.2018 as per Social Rites and

Rituals. After 7-8 days of marriage dispute started. Prior to marriage it was

agreed that 1st party will be allowed to appear in H.S. examination. For that

purpose father of 1st party brought her in his house. After completion of

examination no one from in-laws came to take her back. Then 1st party father

went to the house of 2nd party to keep her there. Again for NRC hearing father of

1st party brought her and again took her back to father’s house. Then phone

came to the father of 1st party to take her back. 1st party’s father when refused

to take her back then they send her to their house with unknown person. For 1-

1½ months they remained silent. They decided to go there. She, along with

father, mother of 1st party, and one of her brother Manab went to the house of

2nd party on 20.05.2018. They were sitting in the house of 2nd party but no one

came to talk with them. They went to Railway Station and met father of 2nd

party. He took her in Railway Guest House and call 2nd party. 2nd party told that

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he is not willing to keep 1st party. Father of 2nd party told that 2nd party is not

satisfied with 1st party. They asked the reason. Then 2nd party blamed that 1st

party had earlier illicit relationship with another boy which he understood when

he slept with 1st party after marriage. They became very disappointed. Father of

2nd party told to give some time and he will settle the matter. On his assurance

they keep 1st party in the house of 2nd party. But father of 2nd party demanded

Rs. 2,00,000/- in return. Thereafter, torture started with the 1st party. She was

confined in a room. 1st party then informed about torture by whatsapp and

through video call. On 03.06.2018, they again went to the house of 2nd party and

took her back for her treatment. From then 1st party is staying in father’s house.

2nd party has shop in Main Road, where Xerox, gift items are there. He is also a

Distributor of Nestle Company. During marriage 2nd party told that he earns

about 1,00,000/- per month. 1st party requires Rs. 30,000/- per month for her

education and other expenses.

8] PW3, Smt. Kanika Chakraborty deposed in her evidence that 1st party

is her daughter. 2nd party is her son-in-law. On 23.01.2018, they got married

socially. It was agreed prior to marriage that 1st party will be allowed to give

examination. Accordingly, 1st party’s father brought her for examination. But in-

laws never came to take her back. 1st party father went there with 1st party to

keep her. But since then torture started to 1st party. 1st party crying informed the

torture over telephone. They went to the house of 2nd party to settle the matter.

2nd party neglects them. 2nd party and his family members brought many

allegations regarding manner of 1st party. On 20.05.2018 when discussion was

going on with 2nd party and his father then 2nd party brought allegation of having

illicit relationship of 1st party with another person. Since 03.06.2018, 1st party is

staying in their house. Though they tried to communicate with 2nd party they

switched off their mobile. 2nd party has told that his income will be around Rs.

1,00,000/- per month, prior to marriage. 1st party requires Rs. 30,000/- per

month for education and other expenses.

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9] PW4, Sri Ajoy Chakraborty deposed in his evidence that 1st party is his

elder daughter. He knows 2nd party. On 23.01.2018 1st party got married with 2nd

party socially and as per agreement prior to marriage that 1st will come back to

her mother’s house for appearing in exam. Accordingly, 09.02.2018 he went to

2nd party’s home to bring 1st party. The day when he brought 1st party, father of

2nd party called his wife and complaint many allegations against 1st party. When

he heard this after coming home he called back but he has not picked up the

phone. Then he called 2nd party, 2nd party stated that matter will be resolved and

not to worry. On the next day 2nd party called 1st party and scolded her. After

exam he went along with 1st party and kept her there. Again on 17.04.2018, he

went to bring 1st party back to her mother’s home for NRC hearing. On

20.05.2018 he went again to keep her in her in-laws house. After two days

mother of 2nd party called and asked her to take her back when they refused

they sent her back to mother’s house. But they never came to take her back. For

that reason he went to keep her there. Thereafter, all the in-laws started to

torture 1st party severely. 1st party requested them to take her. They went there

but in house they cold not meet her in-laws. They went to meet them in Office.

He along with his brother, father of 2nd party were present, where 2nd party

alleges that 1st party had illicit relationship prior to marriage and he does not

want to stay with 1st party. They asked father of 2nd party wheat will happen to

1st party. He replied that if they give Rs. 2,00,000/- he will settle the matter.

They told their inability to pay Rs. 2,00,000/- and came back keeping 1st party

there. From that night 1st party started to call them and told them that 2nd party

and in-laws started severe torturing. Getting no alternative they went there with

the person who settled their marriage and brought 1st party for treatment. But

since then 2nd party neither called them nor paid any maintenance amount. They

took help of Mahila Samiti. But the matter could not be resolved. When marriage

was settled then 2nd party and his father told they have sufficient property. He

saw that 2nd party has a shop namely Balaji Enterprise in Main Town with gift

items, mobile recharge card and dealership of cerelac and 2nd party stated his

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income will be around Rs. 50,000/- per month. One Naga people told him of

having business of collection of money. Taking together, the income of 2nd party

will be Rs. 1,00,000/-. As father of 2nd party is a Government Servant, 2nd party

has no burden to maintain others. His daughter needs Rs. 30,000/- for her

education and other expenses.

10] Point for determination No.1:-

PW1/1st party stated that her marriage was solemnized as per

Hindu Customs and Rites with the 2nd party on 23.01.2018. In written statement

2nd party admitted his marriage with 1st party. All the witnesses of 1st party has

also corroborated about the fact of marriage and stated about consummation of

marriage of parties as husband and wife. Since fact of marriage between parties

is an admitted position and admitted facts needs not be prove, so it is found that

1st party is legally married wife of the 2nd party. This point is therefore decided in

favour of the first party.

11] Point for determination No. 2. & 3.

PW1 in her evidence stated that PW1/1st party was tortured by the

2nd party. PW1 stated that 2nd party stated to demand dowry from her. Also from

the evidence of 1st party, it appears that 2nd party used to torture her on several

occasions. 1st party being unable to bear tortures started to live in her parental

house. PW1 deposed that she is also not maintained by the 2nd party. All the PWs

corroborated regarding torture of 2nd party and his family member upon 1st party.

12] On the other hand, 2nd party in his written statement though

denied all the allegations and alleges that 1st party willfully started to live in her

parent’s house but no corroborating witness is examined to prove such claim.

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13] From the evidence of PW1, PW2, PW3 and PW4, it appears that

preponderance of probabilities about alleged torture of first party by the second

party is more in favour of the 1st party. On the other hand, 1st party’s evidence is

that she was not maintained by the 2nd party and was tortured on several

occasions for fulfilling demand dowry from her is found to be more believable

and trustworthy and therefore, both the issues are decided in favour of the first

party.

14] The marital life of 1st party and 2nd party was not long lived and

evidence proved beyond doubt that there was sufficient cause for the first party

to remain away from the second party, which caused, has been created by the

second party himself.

15] Point for determination No.4 & 5:-

In view of the discussions in point No.1, 2 and 3, I am of the

opinion that the 1st party is entitled to the relief of maintenance as prayed for

vide her petition. About income of the second party, the first party stated that

the second party is a healthy and able person and is a businessman and also

being lawfully husband of 1st party. As a husband, 2nd party is bound to maintain

1st party in absence of anything contrary. Though in written statement 2nd party

claim that he has no business now and he is presently privately employed but no

evidence produced to prove such claim. As there is nothing material on record to

show income of 1st party, 2nd party is liable to maintain 1st party.

16] From the above facts, I am of the opinion that the second party is

able bodied person, and from his earning he can also maintain the first party,

who is entitled to the benefit of maintenance under section 125 Cr.P.C.

17] Considering the status of both the parties, and the ability of

second party, I am therefore, of the opinion that the maintenance @ Rs. 4,000/-

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p.m. for the maintenance of 1st party per month will be sufficient as maintenance

allowance to the first party.

18] Considering the torture upon the 1st party by the 2nd party, 2nd party is

directed to pay compensation of Rs. 20,000/- to the 1st party.

O R D E R

In view of above discussions, the application of the first party is therefore

allowed on contest directing the second party to pay Rs.4,000/- (Rupees Four

Thousand) monthly to the first party for maintenance w.e.f. the date of passing

this judgment and order i.e. 24/12/2019.

Considering the torture upon the 1st party by the 2nd party, 2nd party is

directed to pay compensation of Rs. 20,000/- to the 1st party.

Let a copy of the judgment and order be given free of cost to the 1st

party.

Given under my hand and seal of this Court on 24th day of December,

2019.

(Smt. Sutapa Bhusan)

Sub-Divisional Judicial Magistrate (M),

Titabar

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ANNEXURE.

WITNESSES FOR THE 1ST PARTY :

P.W.1 ... Smt. Minakshi Chakraborty

P.W.2 … Sri Bijoy Chakraborty

P.W.3 … Smt. Kanika Chakraborty

P.W.4 … Sri Ajoy Chakraborty

WITNESSES FOR THE OPPOSITE PARTY/2ND PARTY:

NIL.

DOCUMENTS ANNEXED & EXHIBITED BY THE 1ST PARTY:

NIL.

DOCUMENTS ANNEXED & EXHIBITED BY THE 2ND PARTY:

NIL.

(Smt. Sutapa Bhusan)

Sub-Divisional Judicial Magistrate (M),

Titabar

in the court of sub-divisional judicial magistrate...

Documents