MOUSUMI BIBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS revisional application under Section 482 read with Section 401 of the Code of Criminal Procedure arises out of judgement dated 19th August, 2011 passed by the learned Additional Sessions Judge, Kandi, Murshidabad, whereby the learned Judge enhanced the amount of maintenance of the child of the petitioner from Rs.600/ - per month to Rs.1000/ - per month.

(2.) THE petitioner, Mousumi Bibi being the legally married wife of the opposite party, Kabirul Sk. filed an application under Section 125 of the Code of Criminal Procedure, 1973 before the court of learned Judicial Magistrate, Kandi, Murshidabad being Misc. Case No. 129/08/T.R. No. 85 of 2009 against the opposite party no.2, Kabirul Sk. for maintenance @ Rs.1000/ - per month for herself and Rs. 900/ - per month for her minor child on the ground that she was driven out of the matrimonial home by the opposite party, Kabirul Sk after inflicting torture on her and that she has been compelled to live in her parents' house along with her minor child without having any means to maintain her livelihood and that the opposite party, Kabirul Sk. has refused to give maintenance having sufficient means to provide maintenance to his minor child and wife. The opposite party, Kabirul Sk contested the said maintenance proceeding before the learned trial court. The learned trial court passed the final order on February 7, 2011 by which learned Magistrate of the trial court gave direction to the opposite party, Kabirul Sk to make payment of maintenance to the minor child @ Rs.600/ - per month from the date of filing of the application for maintenance i.e. from 01.04.2008. The learned Magistrate did not pass any order of giving maintenance to the petitioner -wife without assigning proper reason.

(3.) THE petitioner challenged the order passed by the learned Magistrate before the court of learned Additional Sessions Judge, Kandi, Murshidabad by filing the revisional application being Criminal Revision No. 18 of 2011, which was disposed of on August 19, 2011. The learned Additional Sessions Judge, Kandi, Murshidabad modified the order passed by the learned Magistrate and increased the amount of maintenance of the child from Rs. 600/ - per month to Rs. 1000/ - per month, but no maintenance was provided to the petitioner -wife. The petitioner -wife has challenged the said order passed by the learned Additional Sessions Judge, Kandi, Murshidabad on August 19, 2011 in Criminal Revision No. 18 of 2011 by filing the instant application under Section 482 read with Section 401 of the Code of Criminal Procedure,1973.