NALINI KUMAR PAL Vs. KHUKURANI PAL

JUDGEMENT

(1.) This application in revision is directed against an order dated April 27, 1976, passed by Shri R. Chakraborty, Judicial Magistrate, First Class, Serampore, on an application under Section 125 of the Code of Criminal Procedure, 1973, filed by the opposite party No. 1, Sm. Khukurani Pal, directing the Petitioner to pay her a sum of Rs. 80 per month as maintenance with effect from the date of the institution of the proceedings.

(2.) On June 21, 1974, Sm. Khukurani Pal filed the aforesaid application praying for maintenance at the rate of Rs. 300 per month on the ground that she was the legally married wife of the present Petitioner, who was neglecting to maintain her although he had sufficient means and that she had no means to maintain herself and was fully dependant on her mother and her younger brother who were not also economically sound to bear the burden of her maintenance.

(3.) The present Petitioner opposed the application denying die allegations and his case was that (Khukurani was his divorced wife and she was living in adultery and as she was an unchaste woman she was not entitled to any maintenance.