CHITRA LEKHA BANERJEE Vs. RANA BANERJEE

JUDGEMENT

(1.) This revision petition is directed against the order dated 30th May, 1990 passed by the learned Chief Judicial Magistrate, Howrah in Misc. Case No. 152 of 1989 Under Section 125 of the Code of Criminal Procedure. By this impugned order the learned Magistrate has allowed the prayer for maintenance in part. He has granted allowance at the rate of 300/- per month from the date of application to the petitioner as maintenance for her minor son but has refused maintenance to the petitioner herself.

(2.) Petitioner Smt. Chitralekha Banerjee filed the application Under Section 125 Cr.P.C. on 11.8.89 claiming maintenance at the rate of Rs. 500/- per month for herself and at the rate of Rs. 300/- per month for her minor child from her husband Rana Banerjee who was arrayed as the opposite party on the grounds of physical torture, mental cruelty and refusal by the opposite party to maintain her and the child. The claim was resisted by the opposite party. The learned Chief Judicial Magistrate, upon consideration of the evidence on record, has held that the petitioner has failed to show that she has been neglected or refused to be maintained by her husband and that she was staying at her father's place not because of her desertion by her husband but because of her own will which might be at the evil advice of others. It was she who refused to live with her husband without any sufficient reason. Therefore, she was not entitled to any maintenance for herself. But that the father/opposite party had the responsibility to maintain the son whether he resided with him or not, Accordingly he refused maintenance to the petitioner and granted the same to the minor son as adverted to above.

(3.) Being aggrieved the petitioner has filed this revisional application claiming maintenance for herself also.