SMT SUJATA DEBBARMA Vs. SRI SISIR BARAN CHAKRABORTY

JUDGEMENT

(1.) Heard Mr. D.C. Nath, learned counsel appearing for the petitioner as well Mr. S. Lodh, learned counsel appearing for the respondent.

(2.) The petitioner herein filed an application under Section 125 of the Cr.P.C. claiming maintenance allowance from the respondent alleging that she could not live in the matrimonial home for cruelty of various forms meted to her. Admittedly, the respondent is a Government employee holding the post of Panchayet Secretary and thus, he has means to maintain the petitioner. The petitioner had also claimed maintenance for her son who was admittedly an adult youth. At the time of filing the petition, the said son had been pursuing the course of Bachelor of Business Administration (BBA).

(3.) The respondent herein filed the objection stating that the petitioner left the matrimonial home with her oblique motive to pursue an extra marital affair and he denied the allegation of cruelty squarely. He has also asserted that their son cannot claim maintenance from him as he has attained the age of majority at the time of institution of the proceeding and Section 125 of the Cr.P.C. provides for maintenance only for the minor children.