SAMPA SAHA Vs. AMARESH SAHA

JUDGEMENT

(1.) Inspite of notice, nobody appears on behalf of the opposite party/husband.

(2.) In the present application, the petitioner has challenged the order dated 26.4.2004 passed by the learned Judicial Magistrate, 1st Court, Siliguri in M.R. Case No. 28 of 2004 thereby rejecting the prayer for ad-interim maintenance filed by the petitioner in a proceeding under Section 125, Cr.P.C.

(3.) It appears that the petitioner filed an application under Section 125, Cr.P.C. before the learned Magistrate and in connection with the said proceeding under Section 125, Cr.P.C. an application was also filed praying for interim maintenance for herself. From the impugned order, it appears that the learned Magistrate rejected such prayer for interim maintenance without assigning any reason and without recording any satisfaction as to why such interim maintenance should be refused.