FATEMA BIBI Vs. ALI HOSSAIN MONDAL

JUDGEMENT

(1.) : This application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 has arisen out of an order dated 18.04.2009 passed by the learned Judicial Magistrate, Kalyani, District Nadia in Misc. Case NO.47 of 2007 under Section 125 of the Cr. P.C., 1973 by directing the husband/opposite party to pay a sum of Rs.200/- per month for herself and Rs.200/- per month more for her minor daughter as interim maintenance from the date of the order. Being the aggrieved by the said order, the wife has preferred this revisional application.

(2.) The fact of the case is that by the impugned order, the learned Magistrate observed, prima facie, that there was a legal marriage between the parties. One daughter was born in the wedlock.

(3.) The husband and other members of his house subjected the petitioner/wife to torture both, physically and mentally. Then, on 16.03.2007 they drove the petitioner along with the child from their house. The wife had to take shelter at her paternal house along with her girl child. She has no income. On the other hand, her husband has 12/15 bighas of land and thus he earns Rs.15,000/- /20,000/- per month. The petitioner requires some money to save herself and her daughter from starvation and so she has claimed interim maintenance at the rate of Rs.2,000/- per month for each of the two.