SMT. SIBANI BHOWMIK Vs. SRI. NARAYAN BAIDYA

JUDGEMENT

(1.) By filing this petition under Sec. 482 of the Code of Criminal Procedure, the petitioner has challenged the judgment and order, dated 29.04.2009 passed by learned Addl. Sessions Judge, Belonia in Criminal Revision No. 01 of 2009, where under the judgment and order, dated 24.12.2008 passed by learned Sub-Divisional Judicial Magistrate, Belonia in Case No. Misc. 41 of 2007 under Sec. 125 of CrPC was upheld.

(2.) Heard learned counsel, Mr. B. Majumder for the petitioner and learned counsel, Mr. A. Dasgupta for the respondent.

(3.) Shorn of unnecessary details, the fact leading to the filing of the present petition, is that the petitioner approached the Court of Sub-Divisional Judicial Magistrate, Belonia presenting a petition under Section 125 of Crimial P.C. praying for directing the respondent to pay her maintenance at the rate of Rs. 1,500.00 per month on the ground that the respondent, being her husband was refusing and/or neglecting to maintain her having sufficient means. The petitioner further contended that her marriage with the respondent was solemnized as per Hindu rites on 15.07.1993 and thereafter they lived and cohabited as husband and wife but after about six months the respondent married another woman and refused to live with her and also was neglecting to maintain her.