NARAYAN ROY ALIAS LAL Vs. DEBJANI ROY

JUDGEMENT

(1.) THIS application has been filed at the instance of the petitioner/husband under section 482 Cr PC praying for quashing of the order dated 18. 10. 2004 arising out of the MR 64 of 2000/tr 10 of 2000 passed by Shri S. Dey, Judicial Magistrate, 1st Court, siliguri under section 125 Cr. P. C. directing the husband to pay rs. 1,200/- per month from the date of the order towards the maintenance allowance.

(2.) THE case of the wife/petitioner as per averment made in the learned Court below in short, is that she is the legally married wife of the O. P. /husband and the said marriage was solemnized on 19. 11. 1999 according to Hindu rites and ceremonies. After the said marriage, the o. P. /husband took her to the matrimonial home at Deshbandhu para, siliguri. In the night of 'boubhat' the wife/petitioner noticed that her husband did not participate in establishing matrimonial relations with her. On subsequent nights she found that her husband failed and refused to consummate the marriage by establishing sexual relationship with her. This refusal to have sexual relationship was the severe mental cruelty meted out to her for days together. Her husband also admitted his physical incapability to establish sexual relationship. Her husband in view of such impotency, used to come late at night and leave home in the early morning. Her in-laws also started treating her with cruelty and because of such mental cruelty she could not stay in her matrimonial home. The O. P. /husband did not pay any maintenance to her although he has business in press and printing earning more than Rs. 10,000/- per month. The wife/petitioner prayed for maintenance @ Rs. 1,500/- per month.

(3.) THE O. P. /husband contested the case before the learned Court below by filing a written objection contending, inter alia, that the alleged impotency was false and, in fact, the petitioner was physically unfit to establish sexual relationship. All other allegations have been denied by the husband.