SK HARUN RASID Vs. MAHERA KHATUN

JUDGEMENT

(1.) This application under Section 401 read with Section 482 of the Code of Criminal Procedure on behalf of the petitioner-husband is directed against the judgment and order dated 16.9.1999 passed by the learned Judicial Magistrate, 2nd Court, Chandannagore, Hooghly in Misc. Case No. 34 of 1997 (T.R. Case No. 52 of 1997), directing the petitioner-husband to pay monthly maintenance allowance under Section 125 of the Code of Criminal Procedure to the wife-opposite party at the rate of Rs. 500/- for the wife and Rs. 300/- for her daughter from the date of filing of the case to be payable by the last day of each succeeding month according to English Calender month,, and directing further the payment of arrears of maintenance by way of 24 equal monthly instalments failing which, the wife-opposite party shall be at liberty to recover the entire arrear maintenance through Court in accordance with law. Heard the learned Advocates for the parties. Perused the materials on record.

(2.) Learned Advocate appearing on behalf of the petitioner-husband mainly contended that the petitioner had given valid Talak to his wife and the Talaknama was duly registered and the factum of Talak was duly communicated to the wife-opposite party and as such the wife-opposite party as well as their daughter are not entitled to maintenance under Section 125 of the Code of Criminal Procedure.

(3.) Learned Advocate appearing on behalf of the wife-opposite party supported the impugned judgment of the learned Magistrate and further submitted that this Court in its revisional jurisdiction should not interfere with the findings of fact of the learned Magistrate unless it is perverse or unreasonable.