SANJIT KR BERA Vs. SABITRI RANI BERA

JUDGEMENT

(1.) This revisional application is directed against the judgment and order dated 13th July, 2001 passed by the learned S.D.J.M, Contai in Misc. Case No. 213 of 1999. Under this order the learned Magistrate has allowed a petition under Section 125 of the Cr.P.C. of the wife, Sabitri Rani Bera, and has awarded a sum of Rs. 500/- as the monthly amount of maintenance able by the husband to her.

(2.) Being aggrieved by that order, the husband, Sanjit kumar Bera, has preferred this revisional application challenging that judgment and order as erroneous, illegal and liable to be set aside.

(3.) Admittedly, the wife opposite party, Sabitri Rani Bera, is the legally married wife of the petitioner husband, Sanjit Kumar Bera. The question is whether the other ingredients of the provisions of the Section 125 of the Cr.P.C. have been satisfied in this case. From the evidence, the learned Magistrate has found that it has been established that the wife having been compelled to leave the house of her husband being unable to bear the torture perpetrated on her by the husband and the father-in-law she has taken shelter in her father's house and, therefore, there is no fault on her part in the matter of her leaving the house of her husband. In other words, the learned Magistrate is of the opinion that the pre-condition of Section 125 of the Cr.P.C. that it must be proved that the husband has neglected or refused to provide maintenance to the wife has been fulfilled in view of the fact that the wife had to leave the husband's house having been tortured.