KAKALI GUPTA Vs. TUSHAR GUPTA

JUDGEMENT

(1.) By filing this application under Article 227 of the Constitution of India, the revisionist/wife has sought to challenge Order No. 9 dated 11.02.2009 passed by the court of the learned Additional District Judge at Durgapur, in connection with Criminal Motion No. 21 of 2008.

(2.) The revisionist/wife filed a maintenance proceeding registered as Misc. Case No. 21 of 2000 against her husband, Opposite Party No. 1, before the court of the learned Sub - Divisional Judicial Magistrate, Durgapur, alleging ill-treatment and torture both physical and mental on non-fulfilment of further dowry demand by her husband and in-laws. Since the petitioner/wife was a teacher of Assembly of God Church School, her in-laws created pressure upon her for relinquishing the job. A son was also born out of the said wedlock. Ultimately on 25.04.1999, she was assaulted by her husband and in laws and was driven out along with her son, Sabyasachi. The Opposite Party/husband was running a coaching centre for boys and girls of Class IX to Degree Course on different subjects and was earning more than Rs. 10,000/- at that material point of time. She, therefore, claimed maintenance for her minor son at the rate of Rs. 1500/- per month.

(3.) The Opposite party/husband has sought to resist the claim of maintenance by filing a written objection controverting all the materials allegations levelled against him in the petition under section 125 of the Code of Criminal Procedure.