ASHOKE KUMAR CHANDRA Vs. ARPITA CHANDRA

JUDGEMENT

(1.) This revision application is directed against the order dated 14.5.1996 passed by the learned S.D.J.M., Berhampore, Murshidabad in M.R. Case No. 262 of 1994 directing the petitioner-husband a Flight Engineer of Indian Air Force (since retired) to pay to the wife-opposite party and her son Annkush Chandra aged about 9 years now, a sum of Rs. 1,000/- and Rs. 500/-respectively per month towards maintenance from the date of the filing of the application by the wife-opposite party under Section 125 of the Code of Criminal Procedure.

(2.) It appears, that it has been alleged by the wife-opposite party in her application under Section 125, Cr.P.C. that she was married to the petitioner on 30.1.1986 according to Hindu rites and customs with sufficient amount of dowry and other presents on the occasion and a son was born of that wedlock. But after the birth of the son, the petitioner, a Flight Engineer of Indian Air Force at that time started torturing the opposite party physically and mentally and the torture increased to such an extent that the opposite party had to leaave her matrimonial home with her son on 2.11.1993 and since then she has been living with the paternal home with her son without having independent earning of her own to maintain herself and her son and although the petitioner retired, he was earning Rs. 10,000/- (ten thousand) per month in a private firm besides his pension for his service in Indian Air Force but failed and neglected to maintain the opposite party and their son.

(3.) It appears that notice was sent for service on the petitioner from the Court of the learned S.D.J.M. by Registered Post with A/D in respect of the said application but each time the notices returned unserved with postal endorsement "Left with address" etc. and at last the learned S.D.J.M. passed the aforesaid exparte order.