SABER ALI Vs. SAHMIM BANU

JUDGEMENT

(1.) The revisional application arises out of an order by the Judicial Magistrate, 3rd Court, Tamluk dated 28-8-95 passed in connection with Misc. Case No. 273 of 1993 arising out of an application under Section 125, Cr. P.C. started at the instance of the present O.P.

(2.) The allegation contained in the application under Section 125, Cr. P.C. in short is as follows :- The present petitioner married the O.P. on 16th of May, 1982 according to Mohammedan Rites. After solemnization of marriage, he used to stay in the matrimonial home but after a lapse of about one year the husband and inmates of the matrimonial home started to inflict torture on the wife whose maintenance was also neglected. Efforts were made to settle the dispute amicably but failed. On 8th May, 1993, the father-in-law and his wife along with some other relations instigated the husband and the latter demanded a sum of Rs. 20,000/- from the father of the wife. As the demand was not met, attempt was made to assault the wife with a knife. In course of which he received injuries. Therefore, the wife left the matrimonial home. The husband did not enquire about her maintenance and there was no attempt to take her back.

(3.) According to the wife, the husband draws the salary of Rs. 5,000 per month being clerk cum Cashier of a Bank and also is the owner of a building and 10 bighas of paddy lands. As she has got no income of her own she filed an application under Section 125, Cr. P.C. for a monthly maintenance of Rs. 1500/-.