PRAVASH CHANDRA MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application challenging the judgment and order dated 01.03.2019 passed by the learned Sessions Judge, Purba Medinipur at Tamluk in Criminal Revision No.102 of 2018 arising out of an order dated 07.02.2018 passed by learned Judicial Magistrate 2nd Court, Tamluk, Purba Medinipur under Section 125 of the Code of Criminal Procedure.

(2.) Learned counsel appearing on behalf of the petitioner submits as follows. The opposite party no.2/mother of the petitioner filed an application under Section 125 of the Code of Criminal Procedure claiming monthly maintenance allowance. Admittedly, the opposite party no.2 had six sons and five daughters although one of the sons passed away in the mean time. In spite of this, she chose only the present petitioner i.e., the second son to proceed against. The petitioner has a small garments shop and has a family to maintain. There is also a property dispute among the brothers. The learned Court below erred in awarding Rs.3000/- as monthly maintenance allowance to the mother.

(3.) I have heard the learned counsel appearing on behalf of the petitioner and have perused the revisional petition.