SUNIL KR SAREN Vs. PADMABATI SAREN

JUDGEMENT

(1.) This revisional application is directed against the judgement and order dated 31/05/2001 passed by the learned Chief Judicial Magistrate, Purulia under which he allowed a petition under Section 125, Cr.P.C. and awarded maintenance in favour of the wife to the tune of Rs. 500/- for the wife herself and Rs. 300/- for the child payable by the husband O.P. within the 15th day of every month and the learned Magistrate further directed that the order was to take effect from the date on which it was passed. Being aggrieved by that order the husband has preferred the present revision-petition under Sections 397/401, Cr.P.C. challenging the order as erroneous, illegal, unjustified and liable to be set aside.

(2.) The case of the applicant wife was that she had been married by the O. P. Sunil Soren according to the Hindu rites. Because they were members of santal community they were hinduisal and used to follow the traditions and customs that are followed by the Hindu wives performing the ceremonies like the marriage ceremony. After marriage they lived as husband and wife together for several years and a child was born out of their wedlock. But the husband started torturing her both physically and mentally for no fault of her when her father failed to fulfil the demand of her husband for a motor cycle. Finally he drove her away from his house while she was carrying for six months. She took shelter in her father's house and subsequently the husband married again. She has no income of her own and has been passing her days with great hardship and under such circumstances she filed the application for maintenance under Section 125, Cr.P.C. Her husband had a monthly income of about Rs. 3000/- and has landed properties where the paddy etc. is grown.

(3.) The husband O.P. contested that application of the wife by filing a written objection alleging therein that the provisions of Hindu Marriage Act would not be applicable to their case, because their marriage was performed not according to the Hindu religion or rites but according to the traditions and customs followed by the santal community and she is not entitled to claim any maintenance under such circumstances.