ATASHI SEN Vs. JAYANTA SEN & ANR.

JUDGEMENT

(1.) This revisional application is directed against an order dated 21 -2 -2000 passed by the Id. Additional Sessions Judge, First Court, Alipore in Criminal Motion No. 327/99 thereby setting aside the order of maintenance passed by the Sub -Divisional Judicial Magistrate, Alipore in Criminal Misc. Case No. 783 of 1987. On an application under Sec. 125 Criminal procedure Code filed by the present petitioner/wife. The Id. Magistrate by his order dated 10 -6 -99 directed the present opposite party No. 1 to pay an amount of Rs. 1000 per month towards the maintenance of the present petitioner from 16 -9 -97 i.e. from the date of filing of the application. Challenging the said order the present opposite party No. 1/husband preferred a revisional application before the Id. Sessions Judge. By the impugned order the Id. Additional Sessions Judge, First Court, Alipore allowed the revisional application and set aside the order passed by the Id. Magistrate.

(2.) From the impugned order passed by the Id. Additional Sessions Judge, by which the order of maintenance as aforesaid was set aside, it appears that the Id. Judge held that the wife is not entitled to get any maintenance though admittedly she had no sufficient income to maintain herself because she did not desire to have the company of her husband being instigated by her elder brother.

(3.) Mr. Bose the Id. Advocate appearing for the opposite party No. 1/ husband submits that in the present case the wife having no sufficient reason to live separately from her husband, is not entitled to get any maintenance from her husband. According to Mr. Bose repeated offers were given to the wife by her husband but she refused to accept the same and in such circumstances the Id. Judge was very much justified in setting aside the order of maintenance passed by the Id. Magistrate.