SANJIB KR MONDAL Vs. SIPRA MONDAL

JUDGEMENT

(1.) Mr. Mondal is present on behalf of the petitioner husband but none on behalf of the opposite party wife are present in spite of repeated calls. Mr. Mondal files an affidavit-of-service stating that the notice along with a copy of the application has been duly served on the opposite party wife but she is not coming. From the A.D. card received back by Mondal's client and filed before this Court, it appears that notice sent by registered post was received by the opposite party wife personally but even thereafter she is not caring to attend the Court. Under such circumstances, the reaisional application is taken up in the absence of the opposite party wife.

(2.) Heard the arguments of Mondal, learned advocate appearing on behalf of the petitioner husband.

(3.) This revisional application is directed against the judgment and order dated 20th August, 2001 passed by the learned S.D.J.M., Malda. By this order the learned Magistrate allowed a petition under section 125 of the Cr.P.C. filed by the wife (the present opposite party) for maintenance. The learned Magistrate after considering the evidence on record and being satisfied that all the ingredients of section 125 of the Cr.P.C. had been fulfilled, allowed the petition and awarded a sum of Rs. 750/- per month for the petitioner herself and Rs. 500/- per month for the child that was born out of this wedlock.