REBEKA KHATUN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an application under Section 401 read with Section 482 of the Code of Criminal Procedure assailing the Order dated 18.2.01 passed by the learned Judicial Magistrate 2nd Court, Barasat refusing the prayer for interim maintenance in respect of the petitioner and the minor child in connection with M-538 of 2005 under Section 125 of the Code of Criminal Procedure.

(2.) THE petition under Section 125, Cr.P.C. was filed by one Rebeka Khatun against her husband Ansar Ali. THE petitioner Rebeka Khatun claimed interim maintenance @ Rs.3,000/- only for her and Rs.2,000/- for her minor son, namely, Injamul Haque.

(3.) THE learned Magistrate was of the opinion that this physical relationship pursuant to the affair did not entitle the petitioner to claim maintenance.