ATUL KUMAR DUTTA Vs. BABY DUTTA

JUDGEMENT

(1.) This application is at the instance of the husband / opposite party and is directed against the order dated April 28, 2011 passed by the learned Judicial Magistrate, 5 th Court, Paschim Medinipur in M.R. Case No.88 of 2010 under Section 125 of the Cr.P.C. thereby granting maintenance at the rate of Rs.5,000/- per month from the date of the order.

(2.) The wife / opposite party herein instituted a maintenance proceeding under Section 125 of the Cr.P.C. against her husband / petitioner herein contending, inter alia, that they were married in March 9, 2008 according to Hindu customs and rights and then, they lived together. The husband was a widower at the time of marriage and he has two daughters by his first wife and they were about 33 years and 18 years of age respectively at the time of marriage. They are thalassaemia patients. The husband is a Maintenance Officer of the Shipping Corporation of India and he earns Rs.45,000/- per month. Beside such income from service, the husband gets Rs.15,000/- per month as house rent from the tenants. Thus, he has sufficient means to pay the maintenance. After marriage the husband went to the sea on voyage and the two daughters of the husband started torturing upon the wife / opposite party herein. The wife informed the husband everything in vain. Even the husband assaulted her and so under the compelling circumstances, she has been residing at her father s house. She has no income of her own. The husband did not pay her any maintenance and so she has claimed maintenance of Rs.15,000/- per month.

(3.) The contention of the husband is that the marriage was held between them on negotiation and on knowing everything about the first marriage and the two daughters of the husband, the wife agreed to marry him. The allegation of torture is totally false. The husband never assaulted the wife at her father s house as alleged and the diary with the local Police Station was lodged falsely.