ASHIM DEY Vs. KHUKU DEY

JUDGEMENT

(1.) This revisional application is directed against the judgment and order dated 31st January, 2001 passed by the learned Judicial Magistrate, 2nd Court at Suri in Misc. Case No. 155 of 1994. Under this order the learned Magistrate allowed a petition under Section 125 of the Cr.P.C. and granted maintenance in favour of the petitioner-wife at the rate of Rs. 600/- per month giving its effect from the date of filing of the petition.

(2.) Being aggrieved by the judgment and order of the learned Magistrate, the husband opposite party has preferred the present revisional application challenging the said order as erroneous, illegal, unjustified and unsustainable.

(3.) The case of the petitioner wife before the learned Magistrate was that she had been married by the opposite party according to Hindu rites on 27/28th Agrahayan, 1400 B.S. Since thereafter, the opposite party husband used to go to her father's house and used to live with her as husband and wife. But after about 10 months from the date of the marriage the opposite party husband threatened the petitioner by saying that he would marry again. The petitioner protested and then the opposite party husband stopped coming to the petitioner's father's house. Since then her father has been maintaining her and the opposite party husband has never borne the expenses of her maintenance. She has no income of herself and under such circumstances she filed the petition for maintenance under Section 125 of the Cr.P.C.,