DEB NARAYAN HALDER Vs. ANUSHREE HALDER

JUDGEMENT

(1.) Leave granted.

(2.) The appellant herein is the husband of the respondent. He has preferred this appeal against the judgment and order of the High Court of Judicature at Calcutta in C. R. R. No. 973 of 2001, dated 26-11-2001 whereby the High Court while allowing the Revision Petition preferred by the respondent directed the appellant to pay a sum of Rs. 1500/- per month by way of maintenance to the respondent and also to pay costs of Rs. 2000/-. While doing so it set aside the order of the Judicial Magistrate, First Class, Sealdah dated 15-12-2000 passed on the application filed by the respondent under Section 125, Cr. P.C. insofar as the learned Magistrate refused the prayer of the respondent for grant of maintenance to her. The learned Magistrate, however, had directed the appellant to pay a sum of Rs. 1500/- per month for the maintenance of his son who was residing with the respondent.

(3.) It is not in dispute that the appellant and the respondent got married on 24th February, 1985. A son was born to them on 14th January, 1987. They continued to live together for many years at different places around the city of Calcutta. On 11th March, 1997, the respondent left her matrimonial home along with her son and came to reside with her parents in Calcutta. According to her, she was tortured over the years by the appellant and ultimately on 11th March, 1997, the appellant forced her to leave her matrimonial home and threatened her with dire consequences if she did not do so. For fear of her life and the life of her son she was compelled to leave the matrimonial home on that day. Only 4 days later, on 15th March, 1997, she filed an application under Section 125, Cr. P. C. claiming maintenance for herself and her son.