KASHI NATH NASKAR Vs. APARUPA NASKAR

JUDGEMENT

(1.) This revisional application is directed against the order passed by the learned Judicial Magistrate dated 18/12/2001 in Misc. Case No. 182/2001 under which he allowed the prayer of the petitioner wife and awarded a sum of Rs. 500/- as interim maintenance every month till the disposal of the petition under Section 125, Cr. P. C. payable by the husband to the wife with effect from December, 2001.

(2.) Being aggrieved by that order the O. P. husband has preferred the present revisional application challenging the same as erroneous, improper and unsustainable.

(3.) Mr. Pal, learned counsel for the petitioner-husband has submitted that the Court below passed the order without considering the value of the documents which were filed by the husband in support of his plea that the petitioner was not his married wife and he had married another female person named Rekha Naskar. According to Mr. Pal the learned Magistrate having passed the order in consideration of the documents filed by the petitioner-wife alone but in total disregard of all the documents filed by his client the order suffers from impropriety and illegality and cannot stand. The impugned order appears to be an order passed by way of providing interim relief while the main application under Section 125, Cr. P.C. is pending for disposal. At this stage what is required is that the Court granting such relief should only be governed by the question whether the petitioner has been able to prove her allegations prima facie and for that purpose he will rely on the documents filed by the parties prima facie.