LAXMI DAS Vs. MADHUSUDAN DAS

JUDGEMENT

(1.) The present revisional application has been preferred against an order dtd. 14/6/2019 passed in Misc. Case no. 2050 of 2016 by the learned Additional Chief Judicial Magistrate, 2nd Court, Kalyani.

(2.) The petitioner's case is that an application under Sec. 125 of the Code of Criminal Procedure was filed by her in the Court of Additional Chief Judicial Magistrate, Kalyani against her husband stating therein that the petitioner's marriage was solemnized with the opposite party on 13/5/2001. The opposite party has a grocery shop at 12 Harish Neogi Road, Murari Pukur Lane, Ultadanga, Kolkata-67 by the name of "Laxmi Bhandar" and has an income of Rs.70,000.00 per month. The opposite party/husband used to inflict mental and physical torture upon the petitioner since their marriage. On 24/6/2014 the petitioner was driven out from her matrimonial home "Mayurakhi apartment", 121/79 Rahara Madhyapara, P.O. Rahara, P.S. Khardah, Dist. North 24 Parganas and since then has been living at her father's place at Kalyani and passing her days in distress as she has no permanent income, thus facing extreme poverty. In spite of promising to pay some money for maintenance, the opposite party/ husband has failed to do so.

(3.) Initially an order of maintenance of Rs.2000.00 per month was allowed by the learned Magistrate on 24/11/2017, from the date of filing of the case (23/12/2012).