LAWS(CAL)-2004-4-15

MINATI DUTTA Vs. AMARNATH DUTTA ALIAS JHANTU DUTTA

Decided On April 28, 2004
MINATI DUTTA Appellant
V/S
AMARNATH DUTTA Respondents

JUDGEMENT

(1.) The judgment of the Court was as follows : This revisional application is directed against an order dated 30.9.2003 passed by the learned Sub-Divisional Judicial Magistrate, Arambag, Hooghly, in Misc. Case No. 109 of 2001 under Section 125 Cr. P. C. whereby the learned Magistrate had rejected the prayer of the petitioner-wife to grant her interim maintenance.

(2.) Minati Dutta, the aggrieved wife, being denied of even an ad-interim maintenance in pursuance of her application under Section 125 Cr. P. C. for regular maintenance, has brought this revision before this Court against her husband Amarnath Dutta @ Jhantu Dutta by name, who is the opposite party here.

(3.) In her application before the learned Magistrate under Section 125 Cr. PC., it is important here in this context, to note what the petitioner, Minati Dutta had positively, specifically and in sufficient details, spelt out in her application under Section 125 Cr. P. C. for maintenance. This may be summed up as under :