(1.) By filing an application under Sections 401 and 482 of the Code of Criminal Procedure the Petitioner wife has sought to challenge the Judgment and Order dated 4.6.2008 passed by the learned Additional Sessions Judge, 3rd Court, Burdwan in Criminal Motion No. 108 of 2007 affirming the judgment and order dated 26.9.2007 passed by the learned Judicial Magistrate, 6th Court. Burdwan in Misc. Case No. 212 of 2005 whereby she has rejected the Petitioner?s claim for maintenance from the opposite party husband.
(2.) Background facts leading to filing of this revisional application may be capsulised as under:
(3.) The husband O.P. has sought to resist the claim of maintenance by controverting all the material allegations of torture and further demands, etc., in his written objection. It is also contended therein inter alia that she left her matrimonial home on 26th Bhadra 1411 BS since he could not concede to her proposal of staying in her mother's house as a domesticated son-in-law. He thereafter, had to file a suit under Section 22 of Special Marriage Act praying for restitution of their conjugal rights, but to no effect. Since his wife is residing at her mother's house out of her own accord and is also earning sufficient money by coaching music students, he is not liable to pay any maintenance. He has, therefore, prayed for dismissal of the maintenance proceeding.