RAJIB MUKHERJEE Vs. CHANDRANI MUKHERJEE

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure, 1973 filed by the petitioner/husband for setting aside the impugned order dated 26.12.2014 passed by the Learned Judicial Magistrate, 5th Court, Burdwan whereby and whereunder he directed the present petitioner to pay interim maintenance @ Rs.9,000/ - per month each to the O.P./wife and to her minor son from the date of application i.e. from 08.01.2014.

(2.) I have heard Mr.Siladitya Sanyal, Learned Advocate, appearing on behalf of the petitioner. I have also heard Mr.Jyotirmay Adhikari, Learned Advocate appearing on behalf of the Opposite Party. I have minutely examined all the materials available on record. Further I have given a close and critical look into the order impugned.

(3.) IT appears that the Learned Magistrate did not accept the version of the present petitioner regarding his income as he failed to produce any document to show that he does not earn Rs.65,000/ - to Rs.70,000/ - per month as a Lecturer at present. He also did not accept statement of the present petitioner that he is now a Lecturer of Bolpur College and gets Rs.40,000/ - per month in hand because he did not clearly mention whether the same is his net salary or gross salary. It further appears that the Learned Magistrate observed that although the present petitioner pays Rs.30,000/ - per annum as premium of L.I.C. in the name of his son but such payment cannot be considered in the matter of payment of interim maintenance. It further appears that he did not consider the fact that the present petitioner sent money order for maintenance of his son. Also the impugned order does not reflect anything about the payment of school fees of the son Rouhin Mukherjee by the present petitioner.