MAHADEB DEY Vs. BOBY DEY

JUDGEMENT

(1.) This revisional application is directed against Order dated 30.3.2003 passed by the Learned Chief Judicial Magistrate, Burdwan, in Misc. Case No. 209 of 2002 whereby the Learned Magistrate awarded interim maintenance for the wife to the tune of Rs. 1000/- per month.

(2.) Mahadeb Dey, the revisional applicant is the husband here and his wife Smt. Boby Day O.P.W.1 is the wife who filed before the Learned Lower Court an application under Section 125 Cr.P.C. for maintenance from the said husband and by virtue of the impugned Order dated 30.3.2003 she got in her favour an interim maintenance of Rs. 1000/- per moth.

(3.) According to the wife, Boby Day she was married to said Mahadeb Day on 29.6.1993 according to the Hindu religious rights and ceremonies, apart from Rs. 80000/- plus gold ornaments as marriage gifts at the time of the marriage, pressure was made upon the wife to bring another Rs. 5000/- from the widow mother of the wife and for that reason she was physically and mentally tortured by the husband. The said husband had also illicit relation with his aunt Tapati Medda, the wife was driven out from her husband's place on 20.9.2001 a divorce should was also filed by the said husband for Order that he could marry a second time. According to the wife again the husband was an Engineer of Calcutta Municipal Corporation and was earning about Rs. 12000/- per month. She prayed for interim maintenance of Rs. 1000/- per month.