SOUMENDU RAY Vs. MANASI RAY

JUDGEMENT

(1.) The revisional application has been preferred against an order and judgment dtd. 19/8/2019 passed by the learned Sessions Judge, Bankura in Criminal Revision No. 39 of 2018 enhancing the monthly maintenance allowance to the extent of Rs.8000.00 and Rs.6000.00 per month respectively.

(2.) The Criminal Revision no. 39 of 2018 preferred before the learned Sessions Judge, Bankura was against an order dtd. 29/9/2018 passed by the learned Judicial Magistrate, 5th Court, Bankura in Misc. Case no. 56 of 2015 under Sec. 125 of the Code of Criminal Procedure allowing the said application against the opposite party husband and granting the petitioner wife therein and their child minor daughter maintenance allowance of Rs.6000.00 and Rs.4000.00 per month respectively.

(3.) The wife/opposite party no. 1 filed an application under Sec. 125 of the Code of Criminal Procedure praying for maintenance of Rs.12,000.00 for herself and Rs.8000.00 for her minor daughter before the Trial Court. The case of the wife O.P. No. 1 is that she is the legally married wife of the petitioner. The mother of the petitioner instigated the petitioner and they together mentally and physically tortured the wife/O.P. no. 1. A girl child was born to them but the demand of dowry continued. Unable to meet the said demand she was ousted along with her minor daughter on 21/4/2015 from her matrimonial home and since then is living with her daughter in her paternal house, having no source of income and is totally dependant upon her father. The minor child is physically disabled. The petitioner husband works as a Senior Manager with Telco Company and earns a salary of Rs.60,000.00 to 70,000 per month. The petitioner/husband appeared before the learned Magistrate and finally the Judicial Magistrate, 5th Court, Bankura allowed the application under Sec. 125 of the Cr.P.C. granting a sum of Rs.6,000.00 and Rs.4,000.00 respectively to the O.P. No. 1 wife and minor daughter.