SAURAV DAS Vs. MAU DAS

JUDGEMENT

(1.) Parties are present before me. Heard them at length.

(2.) Similarly in revisional application No. CRR 2225 of 2002 Sri Saurav Das, husband/petitioner by filing another application under Sections 397, 401 read with Section 482 of the Code of Criminal Procedure has also prayed for setting aside of the order dated 31.7.2002 passed by the learned Judicial Magistrate in connection with aforesaid Misc. Case No. 20/2002 alleging that the opposite party/wife is not entitled to receive the maintenance award as awarded by the learned Court as he has failed to establish that she had sufficient reasons to live separately from her husband as per Section 125(4) of the Cr.P.C.

(3.) In the instant matter wife, Smt. Mou Das nee Sarkar has filed an application under Section 125 of the Code of Criminal Procedure praying for grant of maintenance allowance in her favour against her husband, Saurav Das, alleging that although she was wedded to the opposite party Sourav Das on 11.2.99 according to Hindu rites and customs and after the marriage they started residing together, yet, on their inability to fulfil the further demand of dowry of the husband/opposite party, she was treated with cruelty by the husband and she was forced to perform entire household work including the work of domestic made-servant and being instigated by the mother of the opposite party/husband, torture was inflicted upon the wife and sometime she was beaten up mercilessly by her husband and ultimately she was driven out from her matrimonial home and thus she was compelled to take shelter in her father's house.