SUKUMAR DHIBAR Vs. ANJALI DASI

JUDGEMENT

(1.) THIS revisional application is directed against an order dated 29 -11 -1980 passed by the learned Judicial Magistrate, Suri in Misc. Case No. 27 of 1975 granting maintenance allowance at Rs. 75/ - per month to the opposite party in a proceeding under Section 125 of the Criminal P. C., 1973.

(2.) THE opposite party applied under Section 125 of the Code before the learned Magistrate alleging that she was married to the petitioner on 16th Magh 1373 B. S. according to Hindu rites and had a son out of the wedlock who died soon after birth, that as she did not give birth to any child thereafter, she was ill -treated by her husband and mother -in -law that ultimately on 1st Bhadra 1379 B. S. she was taken by her husband to her parent's house and left there, that thereafter the husband did not attempt to take her to his house or arrange for her maintenance, and that he has married again one Lakhmi Dassi. It was further alleged that the opposite party had no means to maintain herself and that her husband had sufficient properly and income to pay her maintenance allowance at Rupees 100/ - per month.

(3.) THE learned Magistrate has found from the evidence that as no child was born to the opposite party wife after the death of her first child her husband and mother -in -law ill -treated her, that the husband never went to the wife's parent's house to bring her to his house nor did he provide for her maintenance since Bhadra 1379 B. S. and that although the husband's second marriage with Lakhmi Dassi has not been proved, his relationship with the said woman said to be the cook of his household is rather mysterious. The learned Magistrate has found that in spite of the decree for divorce obtained by the husband during the pendency of the maintenance proceeding the divorcee is entitled to get maintenance from her husband as she is unable to maintain herself and the husband who deposited Rs. 2000/ - in the matrimonial suit towards the alimony pendente lite has capacity to pay maintenance at Rs. 75/ - per month to the wife.