MD ARJAN ALI Vs. NAZMA AKTAR; KEHKASHAA ALI

JUDGEMENT

(1.) Heard Mr. R.G. Chakraborty, learned counsel appearing for the petitioner as well as Mr. S. Bhattacharji, learned counsel appearing for the respondents.

(2.) By means of this petition filed under Section 19(4) of the Family Courts Act, the petitioner has challenged the judgment and order dated 03.05.2013 delivered in Criminal Misc./FC/UDP/25/2012 whereby the petitioner has been directed to pay a sum of Rs.5,000/- as maintenance for the minor child and another sum of Rs.3,000/- as maintenance allowance for the respondent No.1. In aggregate, the petitioner has been directed to pay monthly maintenance allowance of Rs.8,000/- with effect from 31.03.2012. The arrear maintenance has been allowed to be paid by 15(fifteen) equal instalments. Mr. Bhattacharji, learned counsel appearing for the respondents has fairly submitted that there is no subsisting grievance as regard the maintenance, but the petitioner is not regular in paying the maintenance.

(3.) Mr. R.G. Chakraborty, learned counsel appearing for the petitioner has raised two substantive points for consideration of this court being (i) that the respondent No.1 on her own volition deserted the petitioner, even she had unilaterally pronounced or recorded talaq(divorce) to the petitioner by a written instrument which was notarized on 05.11.2012 and (ii) that the petitioner under Section 125 is hit by Section 5 of the Muslim Women(Protection of Rights on Divorce) Act, 1986.