MD JAKIR HOSSAIN Vs. SAKINA KHATUN

JUDGEMENT

(1.) This is an application challenging an order dated 05.08.2019 passed by the learned Judicial Magistrate, 3rd Court, Birbhum in Misc. Case No.460 of 2018 thereby directing the petitioner to pay monthly interim maintenance allowance at the rate of Rs.20,000/- to the wife/opposite party.

(2.) Learned Counsel appearing on behalf of the petitioner submits as follows. The petitioner is an unemployed young man cultivating only four bighas of land and owns a tractor which is hypothecated. The couple got married two years ago. They had three daughters who are married and one son who had died sometime ago. After the death of the son, the opposite party/wife started forcing the petitioner to leave her paternal home and the petitioner refused to do so. This led to disputes between the two. The learned Magistrate was absolutely wrong in holding that the husband would be earning Rs.1,00,000/- per month and on that premise the learned Magistrate erroneously granted interim allowance at the rate of Rs.20,000/- per month to be paid to the wife.

(3.) I have heard the submissions of the learned Counsel appearing on behalf of the petitioner and have perused the revision petition.