SUBHRA DEY Vs. SUBHAS DEY

JUDGEMENT

(1.) Judgement and order dtd. 25/7/2018 passed by Ld. Additional District Judge, Fast Track Court No. 1, Howrah in Criminal Revision No. 100 of 2017 arising out of judgement and order passed by Ld. Judicial Magistrate, 6th Court, Howrah in connection with Misc Case No. 150 of 2014, is challenged.

(2.) Ld. Magistrate in disposing the application, under Sec. 125 of the Code of Criminal Procedure (hereinafter referred to as CrPC) returned his findings in favour of the petitioner by allowing maintenance to the tune of Rs.5,000.00 per months to the petitioner and Rs.4,000.00per months for her minor daughter. Ld. Magistrate took the averments of the application under Sec. 125 CrPC into consideration in terms of evidence adduced on behalf of the petitioner. Ld. Magistrate relied on the averments of the application regarding torture caused upon the petitioner by her in laws after four months of her marriage on demand of Rs.2,000,00.00

(3.) Ld. Additional Sessions Judge, Fast Track Court, shaped the contentious issue from a different angel. Ld. Judge, by referring to the evidence on record, returned his finding that petitioner voluntarily left her matrimonial home after taking into the fact of no complaint either before police or before any forum as well as affidavit sworn by the petitioner herself in a MAT Suit under Sec. 9 of the Hindu Marriage Act, filed at the instance of opposite party/husband. Ld. Judge, returned his findings against the petitioner after evaluating the evidence adduced in the case.