SWADESH KUMAR PAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Judgement and order dated 10th day of August, 2017, passed by Ld. Additional Principal Judge, Family Court, Calcutta in connection with Miscellaneous Case No. 73 of 2012 under Sec. 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC) is under challenge in this revisional application.

(2.) The application under Sec. 125 of CrPC was filed by the opposite party no. 2/ wife contending, inter alia, that she got married with petitioner on 10th day of July, 2008 under Special Marriage Act, 1954 and started their conjugal life as husband and wife. At her matrimonial home she was forced to reside in a humid stuffy and unhygienic room alone and her husband never share the bed with her. Her mother in-law used to misbehave with her and maid servant was permanently released with intent to get her absorbed in doing all household works as maid servant. Above all, her husband returned home after consuming alcohol and abused her in filthy words without any reason and thereby she was subjected to constant physical and mental torture by the petitioner and his mother. Ultimately, she was driven out from her in-laws house and she had to take shelter in her parental house and manage herself with help of her married sister and other relatives. Petitioner/ husband never paid any single farthing to her towards maintenance in spite of having income of Rs.40,000.00 per month.

(3.) In opposition to that petitioner/husband contested the said application under Sec. 125 of CrPC by filing a written objection contending, inter alia, that he has no income and denied all the allegations of torture upon his wife who deserted on her own just after five days of their marriage.