MINAKSHI BHOWMIK NEE NASKAR Vs. PURANDAR BHOWMIK

JUDGEMENT

(1.) The present revisional application has been filed for setting aside the order dtd. 24/6/2019 passed by the learned Additional Chief Judicial Magistrate, First Court at Baruipur, South 24 Parganas in a proceeding under sec. 125 of the code of criminal procedure being Miscellaneous Case No.267 of 2015. By the impugned order, the learned trial court was pleased to grant interim maintenance to the petitioner herein at the rate of Rs.1,500.00 per month in favour of petitioner herein from the date of the order, that is, 24/6/2019.

(2.) The petitioner herein Smt. Minakshi Bhowmik nee Naskar filed an application under Sec. 125 of the Code of Criminal Procedure being Miscellaneous Case No.267 of 2015 before the learned Additional Chief Judicial Magistrate at Baruipur against the opposite party Purandar Bhowmik. In the said proceeding, the petitioner Minakshi filed an application for interim maintenance contending that she was married with the opposite party Purandar on 10/1/2001 according to the Hindu Rites and Customs and the said marriage was registered under the Hindu Marriage Act on 10/1/2001. After marriage, the petitioner-wife started to live with the opposite party at her matrimonial home but thereafter the petitioner gradually realized that the conduct of her husband is suspicious and on inquiry, she came to know that the opposite party took huge quantity of loans from the nearby shop owners and on being asked, he could not justify properly for taking such huge loans. Practically, the family expenditure was maintained from the earning of private tuition of the present petitioner. The opposite party in the meantime had developed an illicit relationship with a married lady, namely, Rama Hajra. In the year 2010, the opposite party was appointed as a school teacher in Binpur Noada Primary School and his starting salary was of Rs.15,000.00 per month and he is still continuing with the job but the opposite party does not bother to maintain his wife. Except monthly salary, he also earns as a teacher of art and painting and his monthly income is approximately Rs.35,000.00 at the time of filing said ad interim maintenance application. On 7/10/2010, the opposite party had driven the petitioner from her matrimonial home and finding no other alternative, she had taken shelter at her father's house. Accordingly, the petitioner prayed for monthly maintenance of Rs.15,000.00 per month pending the hearing of the main application under Sec. 125 of the Code of Criminal Procedure.

(3.) The opposite party-husband filed objection against the petitioner's prayer for ad interim maintenance. The opposite party-husband has not denied or disputed the fact of marriage but he denied other allegations made in the maintenance application. Even in the objection petition, the opposite party denied that he refused or neglected to maintain his wife and he also denied that his total earning per month was Rs.35,000.00. According to opposite party at the time of marriage, the petitioner had sufficient income from private tuition but at that time the opposite party was jobless. The objector further stated that the petitioner without any rhyme or reason left her matrimonial home on 17/1/2013 and on 20/1/2013, the petitioner lodged a false complaint to the Binpur Police Station against the opposite party and his parents stating false and baseless allegations. The opposite party further submitted that the petitioner is a qualified lady and now working at the office of the Child Development Officer, Sonarpur ICDS Project, South 24 Parganas under Government of West Bengal, having a handsome salary of Rs.5,000.00per month and she has also earning from tuition. On the contrary, the opposite party, being a primary school teacher, earns Rs.19,000.00 per month but he has to deposit Rs.12,605.00 per month to Binpur-I Circle Primary Teachers' Co-operative Society Ltd. for repayment of loans, which he took for the treatment of his mother, who was suffering from cancer and after payment of loan, the opposite party receives only Rs.6,400.00, out of which he has to look after his old-aged ailing parents who are now aged about 84 years and 74 years and suffering from various age-old ailments and the mother of the opposite party is suffering from cancer. The petitioner has her own income and she is not entitled to get maintenance. Accordingly, prayed for dismissal of the maintenance proceeding.