DEBNARAYAN HALDER Vs. ANUSHREE HALDER

JUDGEMENT

(1.) This is an application under Section 24 of the Hindu Marriage Aet, 1955 tiled by the wife-respondent in connection with the First Appeal No. 35 of 2005 pending in this Court. The said appeal has been filed by the husband-appellant against the judgment and decree passed on 4-9-2003 by the family Court whereby the Matrimonial Suit No. 128 of 2002 filed by the husband-appellant for a decree of divorce under Section 13(ia)(ib) of the said Act was dismissed.

(2.) The facts, as it appears in relation to the above application, are somewhat extensive. Admittedly, the parties were married on 24-2-1985 and the only male child was born out of their wedlock on 14-1-1987. It is the case of the wife-respondent that within 15 days of the said marriage the husband-appellant started torturing her both mentally and physically alleging that he is not satisfied with the meagre dowry brought by her and her appearance appeared to him to be ugly. According to the wife-respondent, the appellant is quarrelsome by nature and has the habit of causing annoyance and disturbances to her for petty reasons. He did not give her respect due to a wife and treated her like a maid servant. It is her case that she tolerated such cruel treatment meted on to her for several years but ultimately she had no other alternative than to leave the matrimonial home on 11-3-1997 with her child being threatened by her husband with her life and security. Since then she is living in the care and custody of her father who is now a pension holider.

(3.) It appears from the records of this case that the wife-respondent soon after leaving the matrimonial home on 11-3-1997 filed an application under Section 125 of the Code of Criminal Procedure before the learned Magistrate for maintenance allowance for herself and her minor son. On the said application the learned Magistrate allowed interim maintenance but subsequently upon contested hearing of the same by an order dated 15-12-2000 the said application under Section 125 of the Code of Criminal Procedure was allowed in part by directing payment of maintenance allowance only for the minor son at the rate of Rs. 1,500/- per month till he attains majority and by refusing to make any order for payment of maintenance allowance by the husband-appellant to the wife respondent upon finding that the wife-respondent did not have any just ground for refusal to stay with the husband in the matrimonial home. The said order dated 15-12-2000 as passed by the learned Magistrate as above was challenged in a revislonal application before this Court. The said revisional application was registered as CRR No. 973 of 2001 which was disposed of by an order dated 26-11-2001 whereby the High Court allowed the revisional petition preferred by the respondent wife by directing the husband-appellant to pay a sum of Rs. 1,500/- per month by way of maintenance to the respondent- wife in addition to the order for payment of maintenance made in favour of the minor son at the rate of Rs. 1,500/- per month. The said order of this Hon'ble Court was further challenged in Special Leave Petition (Crl) No. 4047 of 2002 by the husband-appellant which was subsequently registered as Criminal Appeal No. 1059 of 2003 (reported in AIR 2003 SC 3174) before the, Hon'ble Supreme Court.