AJIT KUMAR JANA Vs. LAKSHMI RANI JANA

JUDGEMENT

(1.) THIS Rule is directed against an order dated 25. 8 75 passed by the learned Judicial Magistrate in a proceeding under section 488 of the Code of Criminal Procedure granting maintenance of Rs. 75/- per month to the opposite party wife.

(2.) IT appears that the opposite party filed an application for maintenance under section 488 of the Code of criminal Procedure 1898 against the petitioner husband alleging therein that she had been driven out of his house after assualt and that he had also married for the second time and had refused or neglected to maintain her. The learned Magistrate disbelieved both the grounds regarding cruelty and second marriage and rejected the petition. As against such order of the learned Magistrate the wife opposite party moved this Court and obtained a Rule. A. K. De, J. disposed of the said rule by setting aside the order of the learned Magistrate and directing him to decide the application afresh on the evidence already on record in the light of the observations made in his judgment and in accordance with law. It was pointed out in the said judgment of this court that the learned Magistrate went wrong in stating that it was no valid ground to the wife to claim maintenance from the husband even if he had married for the second time. According to the directions as given in the said judgment the learned Magistrate was required to go into evidence to determine the question whether or not the husband had married another time, and if so, to consider whether on that ground the wife was entitled to claim maintenance and to get an order under sub-section (1) of section 488 of the code.

(3.) AFTER the matter went back, the learned Magistrate found in the evidence already on record that the petitioner-husband had married for the second time, and that as such, he was liable to pay maintenance to the wife opposite party. Taking into consideration the income of the husband, the learned Magistrate directed him to pay a maintenance at the rate of Rs. 75/-per month. It is as against that order the present Rule has been obtained.