RINA SARKAR Vs. PARITOSH SARKAR

JUDGEMENT

(1.) By this revisional application under Article 227 of the Constitution of India read with Section 483 of the Code of Criminal Procedure, 1983 the wife-petitioner challenged order No. 2 dated 10th June, 1993 passed by the learned Sessions Judge, Howrah rejecting her revisional application moved against the order of the learned Magistrate rejecting her prayer for maintenance.

(2.) The wife in her application before the Magistrate under Section 125 of the Code of Criminal Procedure, inter alia, alleged that her marriage with the opposite party was solemnised according to Hindu Rites and Customs on 20th May, 1987 and their marriage took place at village Nischindapur P.S. Bally, District-Howrah. Since after her marriage she went to reside at her husband's place of work at Moghal Sarai where the husband worked as a Railway employee. From the very beginning of their conjugal life the husband-opposite party ill-treated her both physically and mentally. A male child was born to them out of their wedlock who was aged about 3 years on the date of the application. The petitioner tolerated everything with the expectation that ultimately good sense would prevail upon her husband but that expectation was belied. As the torture became unbearable to her, she wrote several letters to her old and ailing parents expressing her intention to commit suicide. Then with the help of a search warrant she and her minor son were recovered from the residence of her husband. Since that time she along with her son are residing in her parent's house. The husband did neither maintain her and her minor child nor did look after their well being. She further alleged that the monthly income of her husband was approximately Rs. 2,500/- and she claimed maintenance at the rate of Rs. 400/- per month for herself and her son.

(3.) On that application Misc. Case No. 156 of 91 was started in the Court of 5th Judicial Magistrate, Howrah and the petitioner in order to substantiate her allegation examined 3 witnesses including herself. Petitioner is P.W. 1. P.W. 2 Niranjan Roy is the sister's husband of the petitioner and Nilmony Roy P.W. 3 is the brother of the petitioner. While the husband examined 3 witnesses including himself. Husband is O.P.W. 1. O.P.W. 2 Rajendra Prasad Shaw is a practising lawyer in the criminal Court, Howrah and O.P.W. 3 Sanjiv Kumar Sarkar is the elder brother of the husband.