ABDUL LATIF MONDAL Vs. ANUWARA KHATUN

JUDGEMENT

(1.) This revisional application is directed against the judgment and order date 17.2.2001 passed by the learned Chief Judicial Magistrate, Bankura in Misc. Case No. 94 of 1996 directing the petitioner (husband) to give maintenance @ Rs. 800/- per month to the opposite party No. 1 (wife) and Rs. 400/- per month for her minor son, in all Rs, 1,200/- per month.

(2.) We may briefly state the facts of the case as follows: Anuwara Khatun, O.P. No. 1, petitioner in the Court of learned Chief Judicial Magistrate, Bankura, under section 125 of the Code of Criminal Procedure for maintenance @ Rs. 1,000/- per month for herself and Rs. 500/- per month for her minor son from her husband, that is the petitioner in this revision, in Misc. Case No. 94/96. The wife alleged that their marriage took place on 18.6.92 according to Muslim rites and customs and that the marriage was still subsisting. In the said marriage Den-Mohar was fixed at Rs. 5,001/-. Gold ornaments, cash money and other things were given to the husband at the marriage. Few days after the marriage, the husband demanded more money and on her expressing inability to fetch the same the husband and the inmates of his house starting torturing her physically and mentally. A male child was born to them and he was then aged three years. The torture on her had increased by the day thereafter and eventually her husband having assaulted her, drove her out of her matrimonial home on 18.1.96 and since then she had been living in her father's house with her minor son. The husband totally neglected to maintain her and the minor son and the wife had also no means to maintain herself and the child. The husband dealt in rice and paddy, also possessed 12/15 bighas of agricultural lands from which he used to earn Rs. 6,000/- per month.

(3.) The husband in his written objection denied all the materials allegations of the wife and contended that the petitioner could not adjust with the family of the husband because of her higher status and hence the husband divorced the wife by pronouncement of Talak on 22.12.94 in pursuance of a village committee resolution date 29.5.94. He further contended that a criminal case under section 498A of the IPC was also filed by the wife against the husband and the inmates of his house. Accordingly, the husband prayed for dismissal of the case.