MOUMITA CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application challenging an order dated 20.01.2020 passed by the learned Judicial Magistrate, 5th Court, Barrackpore, North 24 Parganas in M-184/2019 under section 125 of the Code.

(2.) Although as per the direction passed by this Court on 28.08.2020, the husband / opposite party no. 2 was directed to file affidavits containing the description of the grocery items that the husband claimed to have been sent to the wife, the same could not be filed because of serious illness of the learned advocate-on-record. Filing of such affidavit is dispensed with and the matter is taken up for hearing on merits.

(3.) Learned counsel appearing on behalf of the petitioner / wife submits as follows. The petitioner's prime grievance is that her application for interim maintenance filed in 2019 has not been disposed of. Instead of first deciding such application, the learned trial court is waiting for the proceeding under section 340 of the Code filed by the husband / opposite party to conclude. The opposite party is not paying any sum to the wife as maintenance allowance.