DIPALI MALLICK Vs. NIRMAL MALLICK

JUDGEMENT

(1.) This Criminal revision arises out of an application under sections 397/401/482of the Cr. P.C. and is directed against the judgment and order dated 23/12/1991 passed by Shri R. Mukhopadhyay, the learned 2nd Additional Session Judge at Barasat, North 24- Parganas in Criminal Revision No. 59 of 1991 reversing the Judgment and order dated 17/1/1991 passed by Shri M.M. Ghosh, learned S.D.J.M., Barrackpore in Misc. Case No. M 15 of 1998 under Section 125 of the Cr. P.C. granting maintenance at the rate of Rs. 300.00 (Rupees three hundred only) per month to the wife.

(2.) The case of the revision petitioner is that she was married with the O.P. No. 1 according to Hindu Rites on 12 March, 1986. From the very beginning of their marriage life, she noticed that her husband had illicit connection with his aunt who resided in the same quarter. The petitioner objected to such indecent conduct but the O.P. threatened her and used filthy language against her. The husband did not allow her to move out of the room and used to spent his time mostly in the association of his aunt. The petitioner visited her fathers house in May, 1986 but when she returned, the O.P. No. 1 refused her entry into the quarter and threatened her with dire consequences. She was forced to go back to her fathers house. She again came back to her husbandTs place with her brother but the O.P. No. 1 refused her entry. She was threatened with assault, she lodged an information with the local Police Station.

(3.) She also informed the Department a Officer of the O.P. No. 1 for protection. At the order of the Departmental Officer, the petitioner was allowed to live in the official quarter of the O.P. No. 1 who paid maintenance to her for a few months through money order but stopped further payment after August, 1987. The petitioner has no source of income so she came to her farther's place keeping the quarter under lock and key. The opposite party is attached to the State Army Police, 3rd Battallion at Barrackpore and draws a salary of Rs. 1,500.00 per month.