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2021 Supreme(Tri) 12

S.G.CHATTOPADHYAY
Pritilata Majumder W/o Shri Krishnapada Majumder – Appellant
Versus
Krishnapada Majumder S/o Shri Rajbihari Majumder – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. S. Lodh, Mr. K. Saha.
For the Respondent: Mr. S. Ghosh.

ORDER :

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 husb

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