IN RE : RUMA BOSE Vs. STATE

JUDGEMENT

(1.) This revision arose out of impugned order dated 29.2.2008 passed by the learned Additional Chief Judge, Barasat, N. 24 Parganas rejecting thereby the prayer for maintenance of the petitioner under Section 125 of the Code of Criminal Procedure.

(2.) In the background of this revision the fact in a nutshell is that the petitioner was married to the Opposite Party on 11.2.04 according to the Hindu Rights. They lived together at the place of the petitioner's husband. The marriage was duly consummated. At the time of marriage, gold ornaments, utensils, furnitures etc. were presented alongwith some lump sum money. The Opposite Party No. 2 was working as a Supervisor in an Engineering Firm and getting monthly salary of Rs. 7000/-. Soon after the marriage the complainant was insulted and tortured both physically and mentally by the members of the Opposite Party on every pretext. The petitioner was not provided with proper food. Further, money was demanded from the petitioner's father. The petitioner's parents family members came to the house of the Opposite Party No. 2 to sort out the differences but in vain. On 7.8.2004, the petitioner was driven out from her matrimonial home after being mercilessly beaten up.

(3.) The petitioner lodged an FIR with Thakurpukur P.S. under Sections 498A/406/325/506/34 of the IPC. That case is pending. The petitioner later filed an application for maintenance under Section 125 of the Code of Criminal Procedure praying for maintenance to the extent of Rs. 3000/- p.m. The petitioner was refused and neglected. After conclusion of trial, the learned trial judge rejected the application for maintenance. It was contended by the learned counsel for the petitioner that the learned court below erred both in fact and law and the impugned order was passed without any application of mind.