ALI HOSSAIN Vs. BABY FARIDA KHATOON

JUDGEMENT

(1.) The instant revisional application under Section 401 read with Section 482 of the Code of Criminal Procedure is directed against the Award of maintenance allowance passed in Case No. 100 of 1994 (T. R. 190 of 1994) of the Second Court of Judicial Magistrate at Sealdah, Calcutta. The wife opposite party No. 1 filed the case under Section 125, Cr. P.C. against the husband petitioner claiming maintenance allowance at the rate of Rs. 900/- per month for herself and at the rate of Rs. 400/- per month for each of her two minor children alleging that the husband used to subject her to physical torture and drove her out of his house on 25-4-93 and that since then, she has been living with her minor son and daughter in her father's house and the husband did not provide any maintenance to her. The wife also alleged that the husband was an employee of Calcutta Electric Supply Corporation having an income of Rs. 3,500/- per month.

(2.) The husband as opposite party contested the case denying all the material allegations of the wife and contending inter alia that the wife opposite party voluntarily left the matrimonial house on 25-4-93 taking away all her belongings and that he was paying between Rs. 200/- and 300/- per month towards her maintenance.

(3.) Both parties led oral evidence in support of the respective cases during the trial. Besides herself, the wife opposite party examined her father, while besides himself, the husband petitioner also examined his father.