ANAL ADHIKARY Vs. KRISHNA ADHIKARY

JUDGEMENT

(1.) This revisional application is directed against the judgment and order dated 17/01/2000 passed by the learned Sessions Judge, Birbhum in Criminal Motion No. 42 of 2000 of that Court arising out of an order passed by the learned Judicial Magistrate, Bolepur dated 17/04/2000 in Misc. Case No. 26 of 1999. The learned Sessions Judge reversed the findings of the learned Judicial Magistrate and directed the husband (the present revisional applicant) to pay a sum of Rs.300/- per month in favour of the wife (the present opposite party) towards her maintenance. The relevant facts leading to this revisional application are in short as follows :-

(2.) The wife, Smt. Krishna Adhikari, filed a petition under Section 125 of the Cr. P. C. for maintenance against her husband, Anal Adhikari in the Court of the said learned Judicial Magistrate. The learned Judicial Magistrate after hearing the petition rejected her prayer on the ground, inter alia, that the petitioner wife (the P.W. 1) had stated in her cross-examination that she had been compelled to file that petition for maintenance in order to meet the expenses to be borne by her in fighting out the two litigations filed by her husband against her. The learned Magistrate has been of the opinion that since the wife filed the case and prayed for maintenance only for the purpose of meeting the costs arising out of the said two litigations, it cannot be said that she has any need for money for the purpose of maintaining herself and being governed by such a thinking he has refused to grant any maintenance in her favour as prayed for.

(3.) Being aggrieved by that order, the wife preferred a motion before the learned Sessions Judge, Birbhum challenging the said order as erroneous and perverse. The learned Sessions Judge passed the impugned order after hearing both sides whereunder he set aside the aforesaid judgment and order of the learned Judicial Magistrate and awarded maintenance in favour of the wife at the rate Rs. 300/- per month payable by the husband to the wife with effect from the date of filing of the case.