SUMIT KUMAR BOSE Vs. SUMITA BOSE @ CHAWDHURY

JUDGEMENT

(1.) The order dated November 26, 2012 passed by learned Judicial Magistrate, 4th Court, Asansol in Misc. Case No. 376 of 2011 corresponding to T. R. No. 58 of 2011 is challenged by the petitioner by filing this application under Article 227 of the Constitution of India.

(2.) The opposite party/wife started maintenance proceeding under Section 125 of the Code of Criminal Procedure against the petitioner/husband before the court of learned Additional Chief Judicial Magistrate, Asansol and the said maintenance proceeding was registered as Misc. Case No. 376 of 2011. It appears from record that the said maintenance proceeding was disposed of by learned Judicial Magistrate, 4th Court, Asansol on November 26, 2012 after consideration of evidence adduced by both parties. The opposite party/wife claimed maintenance @Rs.15,000/- per month from the petitioner/husband as the opposite party/wife was compelled to leave the matrimonial home due to torture inflicted on her by the petitioner/husband. According to opposite party/wife, the monthly income of the petitioner/husband is Rs.42,000/- as an employee of the Air Port Authority of India, but he has not provided any maintenance to the opposite party/wife who is compelled to live in her parent's house without having any income of her own.

(3.) The petitioner/husband contested the proceedings before the trial court by filing a written objection wherein he admitted in paragraph 8 of the written objection that he is willing to provide maintenance to the opposite party/wife @Rs. 8,000/- per month. On the basis of the admission made by the petitioner/husband before the trial court learned Judicial Magistrate allowed the maintenance proceeding on consent and directed the petitioner/husband to make payment of maintenance to the opposite party/wife @Rs.8,000/- per month from the date of the order i.e. November 26, 2012.