CHINMOY BANERJEE Vs. SOMA BANERJEE

JUDGEMENT

(1.) The present revision has been preferred by the petitioner/husband against the opposite party/wife praying for setting aside of the judgment and order dtd. 25/9/2019 passed by the Court of the learned Additional Sessions Judge, 1st Court at Barrackpore in Criminal Revision no. 307 of 2019 challenging Order dtd. 25/9/2019 passed by the court of the learned Judicial Magistrate, 5th Court at Barrackpore in M Case no. 579 of 2018.

(2.) The petitioner's case in short is that the opposite party/wife filed an application under Sec. 125 of the Code of Criminal Procedure before the learned Additional Chief Judicial Magistrate, Barrackpore (M Case no. 579 of 2018). The petitioner/husband filed his written objection by stating that the opposite party/wife had left her matrimonial home only to go and see her paternal inmates, but subsequently filed the application under Sec. 125 of the Cr.P.C. She also took the ATM card in respect of the joint account in the name of the petitioner and opposite party and regularly withdrew money from the said account. The petitioner's case is that he is regularly depositing money in the said account and is also maintaining his wife till date. It is submitted that the statement of account will support the said contention.

(3.) The learned Judicial Magistrate, 5th Court, Barrackpore on 15/6/2019 initially passed an interim order of maintenance directing the petitioner/husband/father to pay a sum of Rs.3000.00 per month each for his wife and minor child.