SRI MOHAN MIAH Vs. MST. RINKU BEGAM

JUDGEMENT

(1.) Heard Mr. N. Majumder, learned counsel appearing for the petitioner as well as Mr. A. De, learned counsel appearing for the respondents.

(2.) This is a revision petition under Section 397 read with Section 401 and 482 of the Cr.P.C. to question the order dated 25.02.2016 delivered in Misc. 12 of 2014 by the Judicial Magistrate, first class, Sonamura, West Tripura, Court No.2. By the said order dated 25.02.2016, the petitioner has been directed to pay monthly maintenance allowance @ Rs.4,500/- to the respondents with effect from 13.03.2014. It has been further directed by the Judicial Magistrate, first class, Sonamura, West Tripura, Court No.2 that the Drawing and Disbursing Officer (DDO, in short) of East Fotamati High School shall deduct and credit the said maintenance allowance every month to the bank account of the respondent No.1, details of which shall be furnished by the respondent No.1 to the said officer. It has been in addition directed that arrear maintenance allowance for the period from 13.03.2014 till 29.02.2016 shall be paid in 36(thirty six) monthly instalments and be sent to the petitioner No.1 every month by money order.

(3.) Mr. Majumder, learned counsel appearing for the petitioner has submitted that the respondent No.1 has voluntarily left the matrimonial home without any reasonable cause and 'for such desertion' the respondent No.1 is not entitled to get any maintenance. That apart, Mr. Majumder, learned counsel has submitted that the petitioner is an Under Graduate Teacher on fixed pay basis. He even did not earn more than Rs.8,000/- per month. In this regard, Mr. Majumder, learned counsel has drawn notice of this court regarding the observation made by the court below in the following terms: