SUBIMAL CHAKRAVARTI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application challenging an order dated 19.12.2020 passed by the learned Judicial Magistrate, 3rd Court, Purba Midnapur in Misc. Ex. Case No. 103 of 2016 arising out of Miscellaneous Case No. 317 of 2014 under Section 125 of the Code.

(2.) Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is a sculptor by profession. The opposite party no.1/wife had been claiming maintenance from the petitioner in different name. Referring to the application of the wife in Misc. Case No. 317 of 2014 as annexed with the revision petition, it is submitted that the opposite party no.1 herein had named herself as Smt. Mahua Chakraborty (Parial) in the cause title of the application. In some money receipts, she signed her name like that. Accordingly, the petitioner husband issued a cheque in favour of the wife on 07.11.2019 mentioning her name as Smt. Mahua Chakraborty (Parial). Although learned trial Court had directed the wife to supply the bank details in 2019, she did not do so promptly and she furnished such details only in 2020. Learned Magistrate erred in overlooking all these facts and directing the husband to pay maintenance allowance to the petitioner's bank account as provided by her.

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