SARIFA BIBI Vs. STATE

JUDGEMENT

(1.) This revision application arose out of judgment and order dated 6.8.2010 passed by the learned Additional Sessions Judge, 1st Court, Bankura in criminal revision No. 35 of 2010 thereby modifying the judgment and order dated 16.2.2010 passed by learned Judicial Magistrate, 6th Court, Bankura in Misc. Case No. 58 of 2008 under Section 125 of the Code of Criminal Procedure, 1973. In the background of this revision the fact in gist is that the petitioner is the wife of the O.P. No. 2 and they were married according to the Islamic rights and rituals on 13.3.2005. After her marriage, the petitioner started residing with the O.P. and gave birth to a daughter who is a minor. The O.P. No. 2 used to torture the petitioner mentally and physically. Still the petitioner somehow put up with the same. On 6.1.2008, the petitioner was driven out from her matrimonial home by the O.P. No. 2 after pronouncing talaq thrice. Within one month from the date the petitioner was driven out from her matrimonial home, the O.P. No. 2 was remarried and he refused to maintain the petitioner. The talaq which was pronounced by the O.P. No. 2 was not in accordance with law. Although, the 'Din Mehr' and dowry amount were returned by the O.P. No. 2 but the same being extremely paltry the petitioner was brought down to the extent of starvation. She filed an application under Section 125 of the Code of Criminal Procedure praying for maintenance to the tune of Rs. 2000/- for herself and Rs. 1000/- for her daughter.

(2.) After considering the rival contentions for the parties and the materials on record, the learned Magistrate allowed maintenance amount of Rs. 600/- to the petitioner and Rs. 400/- to the minor child. Such order was assailed before the learned Sessions Judge, Bankura by the O.P. No. 2 under Section 397/399 of the Code of Criminal Procedure in criminal revision No. 35/2010 which was transferred to the court of learned Additional Sessions Judge, 1st Court, Bankura for disposal.

(3.) The learned Judge without considering the main issue modified the above noted order of the learned Magistrate to the extent that the petitioner is not entitled to any maintenance after the Iddat Period.