SEFALI KHATUN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred against an order dtd. 27/2/2019 passed by the learned court of Additional Session Judge, Chanchal, Malda in Criminal Revision No.03 of 2018 arising out of Maintenance Case No.146M of 2012 vide order dtd. 6/10/2016 passed by the learned Additional Chief Judicial Magistrate, Chanchal, Malda.

(2.) The petitioner's case is that on 27/2/2019, the learned Additional Sessions Judge, Chanchal, Malda passed a Judgment and Order in Criminal Revision Case No.03 of 2018 by modifying the Judgment and Order dtd. 6/10/2016 passed by the learned Additional Chief Judicial Magistrate, Chanchal, Malda, in Maintenance case No.146 of 2012 by directing the petitioner/opposite party no.1 herein to pay an amount of Rs.4,000.00 per month instead of Rs.6000.00 as directed by the Magistrate.

(3.) The petitioner's case is that she filed an application under Sec. 125 of Cr.P.C. before the learned court of Chief Judicial Magistrate, Malda being Case No.146M/2012 stating inter alia that her marriage was solemnized on 12/10/2003 as per Muslim rights and customs with the opposite party no.1. She then lived in her matrimonial home and after some time her husband and other in laws started torture with demand of additional dowry. Thereafter the opposite party no.1 married another lady named Nagera Bibi and then the husband with other in laws drove her out from her matrimonial home on 13/10/2012. A case under Sec. 498A of Cr.P.C. is pending and the petitioner took shelter in her parent's house. The petitioner has no independent income of her own nor any house and the opposite party no.1 never provided her any maintenance.