LAWS(CAL)-2023-4-60

JAYANTA BARUI Vs. MALATTI BARUI

Decided On April 21, 2023
Jayanta Barui Appellant
V/S
Malatti Barui Respondents

JUDGEMENT

(1.) This is an application u/s 401 read with Sec. 482 of the Code of Criminal Procedure against the Judgment and Order dtd. 19/8/2015 passed by Learned Judicial Magistrate at Barrackpore, North 24 Parganas in connection with Misc Case No. 579 of 2014 thereby allowing the prayer of the present opposite party u/s 125 Cr.P.C. and directing the petitioner to pay a sum of Rs.1200.00 per month towards maintenance by the opposite party and also against the notice dtd. 19/8/2017 directing the present petitioner to appear and answer the claim of opposite party for realisation of Rs.43,200.00 towards arrear of maintenance.

(2.) The brief fact of the case is that the present petitioner and the opposite party is legally married husband and wife.

(3.) Their marriage was solemnised on 12/8/2013 according to Hindu Rites and Customs. Some matrimonial disputes cropped up and they started living separately. The OP wife filed an application u/s 125 Cr.P.C. before the Learned jurisdictional Magistrate. The present petitioner appeared before the Learned Magistrate and filed show cause. After hearing the parties the Learned Magistrate passed interim order of maintenance. Hence this revision.