Facts of the Case
Smt. Pritilata Majumder who is deaf and dumb filed a petition in the Family court at Kailashahar. Seeking maintenance allowance for herself and her minor daughter. Alleging that he entered into a matrimonial alliance with the respondent. Furthermore, she was ousted by her husband committing physical and mental torture. She was then shielded by her folks at their home where she gave birth to a little girl. After her girl was conceived, she educated her better half. But neither the spouse nor some other individual from his family came to see the new conceive child. It was expressed by the petitioner that she doesn’t have any job to look after herself and her kid. Though her better half is a finance manager having a month-to-month pay off at the very least Rs.40,000/ -. She, in this way, guaranteed Rs.5,000/ – for herself and Rs.3,000/ – for the girl for their upkeep. Even after various hearings, the respondent did not appear before the Family Court so the court decided to hear the case ex parte. The court drew in Shri. Krishnapada Bhattacharjee. Associate educator of the tragically challenged school of Boulapassa to decipher the proof of the applicant to the court. It has been recorded by the court that as she couldn’t comprehend so the court couldn’t record her evidence. The petitioner showed her mom in the court, she informed that her mom knew about everything in her life. On the ground that her marriage was not demonstrated and the paternity of the little girl was not likewise demonstrated. The petitioner challenged this order on a few grounds – ( That the trial court did not consider the joint affidavit declaring their marriage valid. The Family Court did not also consider the fact that strict proof of marriage is not a sine qua non. The Family Court dismissed the request without thinking about the fitting, steady, and intelligent proof of the applicant.
Arguments on Behalf of Petitioner
Mr S. Lodh learned counsel showing up along with Mr K. Saha, advocate for the petitioner stated that the candidate is poor and tested individual. She doesn’t have any methods for vocation. Refusal of upkeep to her will lead her and her minor girl to finish vagrancy. Learned direction, desires the court for permitting her appeal by giving sensible support remittance to her. The mother of the petitioner stated that the petitioner got pregnant before marriage. At the point when she was conveying 8 months pregnancy. She had shown the respondent as the one who was liable for her pregnancy. The matter was then reported to the police station. Police arrested the respondent who agreed to marry the petitioner.
Ratio
The ground on which the Family Court distrusted the petitioner’s case is that petitioner’s mother was absent during her marriage. Petitioner couldn’t convey her assertion to the court since she neglected to comprehend the gesture-based communication of the teacher. Witnesses have expressed that this marriage was solemnized in a temple at Kumarghat. The respondent didn’t go up to say that the marriage strategy was not continued in the temple. Besides, it is no case that the petitioner was unsound.
Decision of the Court
After reviewing all the evidence produced and arguments made the court allowed a Maintenance allowance of a sum of Rs.5,000/- is allowed to her. Maintenance of Rs.3,000/ – as asserted by the petitioner is permitted to her daughter Tuli Majumder who is a minor. The Judge, Family Court, Kailashahar shall put the order to execution without awaiting a formal petition from the petitioner for this purpose.
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