SAMBHU NATH SRIMANI Vs. BULBUL SRIMANI

JUDGEMENT

(1.) The revisional application is directed against the Order dated 10th october 1994 passed by Judicial Magistrate, 4th Court. Howrah Misc. Case No. 24 of 1993 being under Sec. 125 Cr.P.C. The O.P. wife preferred an application under Sec. 125 Cr.P.C before the Chief Judicial Magistrate, Howrah with the averment of Marriage with the petitioner on 15th August,1988 out of which a male child was also born on 25th June, 1990, She being a victim of torture and cruelty, she had to leave the matrimonial home on 5th November. 1990. The petitioner having sufficient means fails to maintain his wife and child, though they have got no independent source of income.

(2.) The husband contested the proceeding asserting that his wife left matrimonial home voluntarily on 5th November. 1990 along with the child with the promise of coming back within a week. She did not come back and all attempts to pursue her to do so proved ineffective. She also resorted to an application before, the West Bengal Social Welfare. Advisory Board with false allegations, in order to humiliate the petitioner who is required to maintain his widow mother, unemployed brother and unmarried sisters.

(3.) After conclusion of trial an award was made by Judicial Magistrate on 12 -11 93 granting maintenance to the extent of lis. 800/ - for the wife and Rs. 500/ - for the minor son.