SWAPAN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In connection with a proceeding under Section 125 of the Code of Criminal Procedure by an order passed on November 19, 2008 the Learned Court below directed the petitioner/husband to pay an interim maintenance to the wife/opposite party @ Rs. 1,500/- per month. Since the petitioner/husband has failed to pay maintenance in terms of the said order the wife/opposite party moved an application before the Court below for enforcement of such order and for recovery of the arrear maintenance of Rs. 18,000/-.

(2.) It is the case of the petitioner that subsequent to the passing of the order of maintenance, sometime in June, 2009, he came to learn that his wife was leading an adulterous life with one Raju Das and accordingly he moved an application in connection with the pending maintenance proceeding for vacating of such order of payment of interim maintenance, but the Learned Court below rejected such application on August 13, 2009. In the meantime, the wife/opposite party filed the aforesaid application before the Court below for realization of arrear maintenance and Misc. Execution Case No. 4 of 2009 was registered, when the husband/petitioner moved another application under Section 127 of the Code of Criminal Procedure for cancellation of order of maintenance, which is still pending. Since the Learned Court below issued D/W against the present petitioner for recovery of the arrear maintenance in connection with the Execution case, the petitioner has moved this criminal revision.

(3.) In my view, when the main maintenance proceeding is still pending and in the said proceeding the rights and liabilities of the parties have not yet been determined, the question whether she is entitled to any maintenance or not, on the ground of living adulterous life should not be decided in any other colateral proceeding except in main maintenance proceeding.