SYED AFTABUR RAHAMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner husband has filed this application under Section 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 challenging order dated 7th August, 2013 passed by learned Additional Chief Judicial Magistrate Uluberia in Misc. Case No.67 of 2010. By the order impugned learned trial court directed the petitioner husband to pay maintenance under Section 125 Cr. P. C. to the O. P. No.3 wife at the rate of Rs.5000/ - per month for herself and at the rate of Rs.3,000/ - per month for their son being O.P. No.2.

(2.) THE admitted fact of the case as it is gathered from the materials on record as well as from the submissions of learned counsels of the parties may be summarized: -

(3.) MR . Sudipta Moitra, learned counsel appearing for the petitioner husband has assailed the order impugned on the following grounds.: First, though the husband filed his income tax returns for several years to show his income but learned trial court refused to accept the same without any valid ground.