JIBAN KRISHNA DAS Vs. RENU DAS

JUDGEMENT

(1.) -The instant Criminal revisional application under sections 401 and 482 of the Code of Criminal Procedure is at the instance of the husband-petitioner Shri Jibankrishna Das and this is directed against the order dated 29.4.2000 passed by the learned Judicial Magistrate, 4th Court, Howrah in Misc. Case No. 284 of 1998 under section 125 of the Code by which the learned Court below allowed maintenance at the rate of Rs. 900/- per month to the O.P. No.1 wife Smt. Renu Das.

(2.) The case of the husband-petitioner was in brief that he married O.P. No.1-Smt. Renu Das long time back according to Hindu rites and customs and that out of this said wedlock two sons and one daughter were born. The daughter was 18 years old and the two sons were aged 21 years and 23 years old respectively at the relevant time. Out of his income from a tailoring shop business, the petitioner purchased a plot of land and constructed a house comprising two rooms, one bathroom and one privy. But unfortunately it so happened that his wife being O.P. No.1 filed a petition under section 125 of the Code in December, 1998 before the learned Chief Judicial Magistrate, Howrah praying for maintenance and that by the impugned order dated 29.4.2000 learned Judicial Magistrate, 4th Court, Howrah granted maintenance at the rate of Rs. 900/- per month to the wife. According to the petitioner he never tortured, assaulted or abused his wife. on the other hand, it was his wife who assaulted him for which the petitioner started living separately in a rented house since 1996 leaving his own house as constructed. The further case of the petitioner was that his wife Renu was living in adultery with one Shri Nirmal Dutta. Hence the O.P. No.1-wife was not at all entitled to get any maintenance from him as awarded by the learned Court below.

(3.) I have had the opportunity of hearing learned counsels for the respective parties at length in the matter.