RUPCHAND MAHATO Vs. CHARUBALA MAHATANI

JUDGEMENT

(1.) This revisional petition is directed against the order of a learned Magistrate granting a monthly maintenance allowance of Rs. 50 to the opposite party, Charubala Mahatani, under Section 488 Cr. P.C.

(2.) It is not disputed that the parties are married and they lived together for some years. Thereafter the husband married a second wife and sometime thereafter a third wife. The opposite party then refused to live with the petitioner and went to live separately elsewhere. In the instant case she made allegations of torture against the petitioner which were not believed by the learned Magistrate. He seems to infer neglect from the fact of the petitioner marrying a third wife. The learned Magistrate observed:

(3.) Mitter, J. sitting with Renupada Mukherjee, J. made the following observations in that decision: