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DISTRICT: XXXXXX.

In the Court of Ld. Judicial Magistrate Xth Court, 1st class, at Santinagar.

Ref: Case No M - XXX of 2014.

Smt. Kalangkini Bani/Wife.

…………….Petitioner

Vs

Mr. Satyaprikash Bani/Husband.

…………Opp, Party in-person.

Application on behalf of the Oppsite-Party/Husband under section

340 CrPC read with section 195 CrPC

MOST RESPECTFULLY SHEWETH:

1. That the OP husband with a view to restore his marital life at least for

the sake of the child filed the suit for restitution of conjugal rights on

June-2010 whereas in reply the Petitioner-wife filed Maintenance case

U/s 125 CrPC on August-2010 only to intentionally harass and extort

and extract money from the OP husband without paying any heed to the

future of the child.

2. During the pendency of the said suit the petitioner- wife set in motion

the instant proceeding for interim maintenance for herself and the child

on the basis of false and concocted stories which are self contradictory

on the face of it.

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3. That the OP-husband intends to challenge the instant proceeding for

which he has already filed his written objection controverting the

reckless allegations contained therein. The petitioner has not filed any

re-joinder to such objection till this date.

4. That it is now well known that for wrongful gain and for settling scores in

sinuous and seductive depositions are in abundance before the courts

now a day. The present application under section 125 CrPC, by the

petitioner-wife is one such petition. The respondent has already shown in

his reply to the application under section 125 CrPC, how the applicant

has come up with suppression of material facts and false depositions/

unclean hands. The proceeding under section 125 CrPC and FIR No.

XXX u/s 498a, 406 dated dd.mm.yyyy (Annexure-R2) is false, fabricated

and with intent to extort and extract money from the OP Husband. The

basic contents of both the complaints are self-contradictory. The intent of

this interim maintenance on the basis of only being the OP Husband - an

able bodied person is to annoy, injure and harass him to such a degree

so as to compel the OP Husband/ applicant to part with his earnings.

5. That the petitioner in her petition of 125 CrPC in respect of the instant

proceeding has reiterated the same false allegations. In paragraph 6 and

7 of the petition of 125 CrPC the petitioner-wife has alleged that the OP-

husband and his relatives pressurised her for dowry whereas there is no

such mentioning of demand of dowry in aforesaid FIR No. XXX u/s 498a,

406 dated dd.mm.yyyy and Final Charge-Sheet No. XXX (Annexure-R2).

It is thereby submitted that the petitioner, Smt. Kalangkini Bani has

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committed perjury by knowingly making false statement for demand of

dowry to be given to the OP Husband /applicant so as to give credence to

her theory that there were cash and valuables transaction at and after

the time of marriage.

6. That in paragraph 24 of the petition of 125 CrPC the petitioner-wife has

alleged that she was not maintained financially which is another

instance of perjury made with a view to mislead the court for the purpose

of unlawful gain. The OP-husband sent on three occasions sent money to

the tune of Rs. 1500/-, Rs 2000/- , Rs 1500/- vide Money Order to the

petitioner which the petitioner-wife refused to accept. The bank

statement of joint a/c being no 2000200022 disproves such allegation.

The receipts of such MO is attached herewith as Annexure-R1.

7. That It is thereby submitted that the petitioner, Smt. Kalangkini Bani

has committed perjury by knowingly making false statement for the

allegation of not sending money and thereby suppressing the fact of

sending money she has attempted to extract the money out of the OP

Husband/ Applicant.

8. That in paragraph 11 and 12 of the petition of 125 CrPC the petitioner-

wife has alleged that she was tortured during her pregnancy and was

harassed in the hospital which is a strong ground of committing perjury

by her as her treatment was duly done at XYZ Hospital at the expense of

the OP Husband. The pious intention of the OP Husband is proved by

the fact that the petitioner-wife was not admitted in some local

government hospital during her pregnancy. She was given best medical
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treatment during pregnancy. The copy of birth certificate issued from

XYZ Hospital of the girl child is enclosed herewith Annexure R3.

9. That in paragraph 8 and 19 of the petition of 125 CrPC the petitioner-

wife has alleged that several negotiations for restoring the conjugal life

were made from the parents of the petitioner-wife and several diaries had

been lodged in the Santinagar PS by the petitioner-wife which is false as

no such copies of diaries has been annexed in her petition of 125 CrPC.

but the OP Husband has filed G.D. Vide No. GDE. 123 dated 01 rd May,

2013 at Santinagar Police Station after being assaulted by the

petitioner’s parents when he went to bring the petitioner back to her

matrimonial house only to assist him during his father’s accidental

recovery in Calcutta Medical Hospital (Accident date 1 st April 2009 –

death on 7th June 2009). So thereby submitted that the petitioner, Smt.

Kalangkini Bani has committed perjury by knowingly making false

statement in paragraph 8 and 19.

10. That in paragraph 16 of her petition of 125 CrPC the petitioner-

wife has alleged that she was instigated for committing suicide by way of

torture, assault, abusive and slang languages by the OP Husband which

is totally false and fabricated story framed by the petitioner as she had

not given any statement of such suicide in her FIR No. XXX u/s 498a,

406 dated dd.mm.yyyy (Annexure-R2). Smt. Kalangkini Bani has

committed perjury by knowingly making false statement in paragraph

16.
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11. That in paragraph 10 of her petition of 125 CrPC the petitioner-

wife has alleged that OP Husband had some intimacy with another

woman whereas no name and address is mentioned in the petition of 125

CrPC so the statement made by the petitioner is wrong and is ground of

perjury.

12. That in paragraph 9 of her petition of 125 CrPC the petitioner-wife

has alleged that the torture of the OP Husband was severe upon her and

she had been digesting the pills of torture with is again false and is

ground of perjury as she left her matrimonial home 5 months before she

filed the false FIR No. XXX u/s 498a, 406 dated dd.mm.yyyy (Annexure-

R2). She continually refused to take money sent by money-order during

her stay at her parental house. The receipts of such MO is attached

herewith as Annexure-R1.

PRAYER

In the circumstances aforesaid,

a. It is therefore most respectfully prayed

that the Hon’ble Court exercise its powers

U/s 340 Cr.P.C. in the expediency of

Justice.

b. As the false dispositions are shown to

affect the course of the proceedings, the

applicant prays that this application may

be given priority over the parent case.

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AFFIDAVIT

I, Mr. Satyprakash Bani son of Late Satynarayan Bani, aged about XX years,

by religion - Hindu, by occupation service, presently residing at Santinagar, ,

Shivpore, Pin-700XXX, West Bengal, P.S.- Santinagar do hereby solemnly

affirm state and declare as follows:

1. That I am the OP/husband of this instant case and well conversant with

the facts and circumstances of the case.

2. That all the facts, figures and circumstances and contents of the

foregoing paragraphs 1 to 12 are true to the best of my knowledge and

belief and the remaining are my humble submission made before this

Learned Court.

  Prepared by me.

(In Person)

                                                                               _______________________

                               Deponent
Is known to me.

Advocate.