KABITA MUKHERJEE Vs. SOUMEN MUKHERJEE AND ANOTHER

JUDGEMENT

(1.) The petitioner/wife has challenged the order dated June 22, 2015 passed by learned Judicial Magistrate, 5th Court, Alipore, in A.C.M. no.383 of 2014 by filing this revision under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.

(2.) Learned counsel for the petitioner/wife submits that the petitioner/wife was married to the opposite party/husband on November 23, 2012 and the petitioner/wife was driven out of the matrimonial home on June 2, 2013 and she gave birth to a child in her parent's house on October 18, 2013. Learned counsel further submits that opposite/husband having sufficient means has refused to provide any maintenance to the petitioner/wife, and the order of refusal of maintenance passed by learned Magistrate is not justified under the law.

(3.) Learned counsel for the opposite party/husband submits that the petitioner/wife left the matrimonial home voluntarily and she refused to come back to the matrimonial home in spite of persuasion on the part of the opposite party/husband. Learned counsel also submits that the petitioner/wife earns considerable amount of money by way of private tuition. According to learned counsel for the opposite party/husband, the petitioner/wife is not entitled to get any maintenance during pendency of the proceeding before the trial court.