ASIT BARAN MUKHERJEE Vs. FULESWARI MUKHERJEE

JUDGEMENT

(1.) This revisional application is directed against the order dated 27/11/2001 passed by the learned Additional Sessions Judge, 2nd Court, Alipore in Criminal Motion No. 267 of 2001 of his Court. By this order the learned Additional Sessions Judge affirmed the order under revision passed by the learned Judicial Magistrate, 2nd Court, Diamond Harbour in Misc. Case No. 225 of 1992 under S. 125 of Cr. P.C. The wife, Smt. Fuleswari Mukherjee filed that application under S. 125 of the Cr. P.C. claiming maintenance from the husband on the ground that the latter neglected to maintain her and she having no independent source of income was passing her days with great hardship along with a child at the house of her father.

(2.) During trial of the case the petitioner-wife examined herself and her witnesses but the opposite party husband did not adduce any evidence, although at the time of argument he was present and advanced his argument. After considering the materials on record and hearing the arguments of both sides, the learned Magistrate allowed the petition for the wife and awarded a sum of Rs. 1000/- in all (Rs. 500/- for the wife herself and Rs. 500/- for the child) payable by the husband every month by way of maintenance.

(3.) Being aggrieved by that order the husband, Sri Asit Baran Mukherjee, preferred a revisional application before the Court of the Session and the learned Additional Sessions Judge, 2nd Court, Alipore passed the said impugned order upholding the order under challenge of the learned Magistrate and also affirming the amount of maintenance which he awarded.