RESHMA DAS Vs. BIPRA KUMAR DAS

JUDGEMENT

(1.) This application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 has been preferred against the orders dated 29.01.2007 passed by the learned Chief Judicial Magistrate, Howrah in Misc. Case No.191 of 2001 thereby rejecting the prayer for maintenance of the wife. Being aggrieved, the wife/petitioner has filed this application for setting aside the impugned order and to pass appropriate orders.

(2.) The petitioner is the married wife of the opposite party and their marriage took place in 1990 and one son was born in the wedlock. The husband did not take care of the wife and he subjected the wife to torture and he lastly drove her from his house on 31.10.1999. She has no source of income. On the other hand, the opposite party is a professor of St. Xaviers College, Kolkata earning Rs.20,000/- per month. In addition to above income he earns Rs.10,000/- per month by private tuition. So the petitioner has claimed maintenance at the rate of Rs.5,000/- per month along with litigation costs.

(3.) The husband contested the application of the petitioner / wife denying all the material allegations against him. He contended that the wife never wanted to live in her in-laws house and she was unable to adjust. Even she abandoned her own son. The wife left his house voluntarily.