TANUSHREE NASKAR Vs. ASIT NASKAR

JUDGEMENT

(1.) An order dated 4.5.2000 passed by the learned Chief Judicial Magistrate, Alipore in Misc. Case No. 527 of 1999 falls for consideration of this Court. Smt. Tanushree Naskar, the petitioner approached the learned Chief Judicial Magistrate, Alipore with a prayer for maintenance under Section 125 of the Code of Criminal Procedure (hereinafter referred to as the said Code) at the rate of Rs. 1,500/- per month from her husband/opposite party.

(2.) During the pendency of the said proceeding the petitioner on 15.1.2000 filed a prayer for interim maintenance at the rate of Rs. 1,000/- from her husband.

(3.) The learned Chief Judicial Magistrate by his impugned order refused such prayer at that stage and fixed 29.6.2000 for evidence of P.Ws. as- "The petition for interim maintenance is not supported by an affidavit which is mandatory." The learned Chief Judicial Magistrate further held-