SUDESHNA BHADURI Vs. STATE

JUDGEMENT

(1.) THE present case arises out of an application under Section 401 of the Code of Criminal Procedure read with Section 482 of the Code of Criminal Procedure, 1973.

(2.) IT is directed against the judgment and order dated 30.11.2010 passed by the learned Chief Judicial Magistrate, Barasat, North 24 Parganas in Misc. Case No. 159 of 2009 under Section 125 of the Code of Criminal Procedure, 1973 rejecting the petitioner's prayer for maintenance.

(3.) AS against this, it appears from the impugned judgment that the husband/O.P. No. 2 contested the case by filing written objection wherein the material allegations made in the application under Section 125 of the Code of Criminal Procedure had been denied. It was the specific case of the husband that the petitioner/wife was a suspicious about his fidelity and she used to abuse him with filthy languages and used to pressurise him to purchase a flat at Barasat. In the said written objection, it was alleged that the petitioner earned Rs. 7,000/- to Rs. 8,000/- by doing private tuition and as such she is not entitled to get any maintenance.