ARATI NASKAR Vs. KESHORIMOHAN NASKAR

JUDGEMENT

(1.) This is application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 arising out of an order dated 27.12.2005 passed by the learned Judicial Magistrate, Second Court, Diamond Harbour, District South 24 Parganas in Misc. Case No.282 of 2003 thereby allowing the maintenance in favour of the wife at the rate of Rs.1,250/- per month from the date of filing of the application under Section 125 of the Cr.P.C. Being aggrieved by the said order of maintenance, the wife has preferred this revisional application.

(2.) The fact leading to the filing of the revisional application is that the wife/petitioner filed an application under Section 125 of the Cr.P.C. against the husband/opposite party before the learned Additional Chief Judicial Magistrate, Diamond Harbour praying for maintenance in favour of the wife at the rate of Rs.1,500/- per month for herself and Rs.1,500/- per month for each of her two children, thus, totalling Rs.4,500/- per month and the litigation cost of Rs.5,000/-. Admittedly, the marriage between the two was held in April, 1978 according to Hindu customs and rites and after marriage they lived together and two sons were born in the wedlock. The wife contended that unfortunately after one year from the date of marriage the husband subjected the petitioner to torture both, physically and mentally. He also demanded more dowry. Ultimately he left the house and he began to live elsewhere with another lady. He was landed properties. He is also a Government service holder and thus he earns Rs.15,000/- per month. He did not pay maintenance to them. So the case under Section 125 of the Cr.P.C. has been filed.

(3.) The husband contested the maintenance claim petition. His contention is that the wife and the 2 sons had beaten him. Thereafter he left his house. The 2 sons are major. They are residing in the house constructed by the husband. The wife is cultivating paddy and vegetables on the bastu land of the husband.