SUTAPA DAS Vs. SATYABRATA DAS

JUDGEMENT

(1.) ORDER dated 31.03.2011 passed by the learned Additional Sessions Judge, Fifth Court, Barasat, North 24 Parganas in Criminal Revision No. 209 of 2010 to the extent it sets aside the order dated August 6, 2010 passed by the learned Judicial Magistrate, 2nd Court, Barasat, District - North 24 Parganas in M. Case No. 200 of 2008 under Section 125 of the Code of Criminal Procedure the maintenance allowance at the rate of Rs. 2,000/ - per month granted to the petitioner herein by way of maintenance allowance has been assailed in this revision petition.

(2.) THE case of the petitioner/wife is to the effect that she was married to opposite party No. 1/husband on 24.04.2005 under the Special Marriage Act. After marriage, she started residing at the matrimonial home with the opposite party No. 1/husband. The opposite party No. 1/husband subjected her to mental and physical torture being instigated by other in -laws. Pressure was put up on her to bring Rs. 1,00,000/ - from her father. She was unhappy at her matrimonial home and she was treated as a maidservant. In the meantime she conceived and ultimately on 11.04.2006 she was driven out from the matrimonial home in a single cloth. She took shelter at her parental home and she gave birth to a minor child. The entire expenses of child birth was borne by the father of the petitioner/wife. No care was taken by the opposite party No. 1/husband and no money was sent by him for maintenance of herself and her minor child. She does not have any income of her own. On the other hand, the opposite party No. 1/husband is an employee under the Government of West Bengal and had the income of about Rs. 12,000/ - per month. Under such circumstances, she filed an application praying for maintenance allowance at the rate of Rs. 4,000/ - per month for herself and Rs. 3,000/ - per month for the minor child.

(3.) IN conclusion of proceeding, the learned Magistrate by order dated 06.08.2010 directed the opposite party No. 1 to pay maintenance at the rate of Rs. 2,000/ - per month and Rs. 1,000/ - per month for her minor child payable from the date of the order.