MILKY VERMA Vs. SOURAV VERMA

JUDGEMENT

(1.) This is an application u/s 482 read with Sec. 401 of the Code of Criminal Procedure against an order dtd. 10/8/2022 passed by Learned Judicial Magistrate 6th Court, Howrah in Misc Case No. 407 of 2022 u/s 125 of the Code of Criminal Procedure.

(2.) The present petitioner filed an application before the Learned Magistrate concern claiming for maintenance u/s 125 Cr.P.C. against the opposite respondent No. 1. Learned Magistrate has disposed of an interim application for maintenance by the petitioner vide impugned order dtd. 10/8/2022 wherein the Learned Magistrate has observed that Therefore at this stage of the case, although the OP being an able bodied person, is obliged to maintain his wife, but the wife is also having her independent source of income, which is not remarkably less from the annual income of the OP rather, which is more or less equal to the annual income of the OP keeping in mind his liabilities towards the different loans and his mother dependent upon him. Therefore, at this stage of the case, without taking evidence, no inference can be drawn up regarding the sufficiency of the income of the petitioner and as such, she is not entitled to get any interim maintenance from the OP at this stage.

(3.) Being aggrieved by and dissatisfied with the said order the instant criminal revision has been preferred. The Learned Counsel for the petitioner submits that the Learned Magistrate has erroneously construed the facts in hand and denied the interim maintenance. He further submits that the Learned Magistrate has not considered the affidavit of assets filed by the petitioner. The Learned Magistrate was erroneous in observing that the OP has a car loan along with other loans and liabilities.