ANUPAM TALUKDAR Vs. PIYALI TALUKDAR

JUDGEMENT

(1.) THE revisional application under Section 397/401 read with Section 482 of the Code of Criminal Procedure is directed against the order dated 13th March 2008 passed by the learned Judicial magistrate, 2nd Court, Alipore in connection with case No. M-771 of 2007, whereby and whereunder, the learned Court below in connection with an application for interim maintenance filed under Section 125 of the Code of Criminal Procedure, awarded a sum of rs. 7,000/- per month as interim maintenance with effect from 1st October 2007.

(2.) IN the revisional application it has been recited that parties herein entered into their matrimonial relationship as husband and wife consequent to their marriage solemnised according to Hindu rites on 1st may, 1994. A son was born to the parties on 23rd September, 1995. Ultimately the opposite Party herein left her matrimonial home on 1st November, 2001 along with her child. Petitioner herein initiated a proceeding under the provisions of Hindu Minority and Guardianship Act, 1956 for the custody of the child. In the said proceeding, parties entered into an amicable settlement and subsequently the matter was decided by the learned Additional District and Sessions judge, 8th Court, Alipore on the basis of the joint compromise petition between the parties. By order dated 12th May 2003 the proceeding in connection with the case bearing No. 169 of 2002 under the provisions of hindu Minority and Guardianship Act was disposed of on the basis of joint compromise petition between the parties. In terms of the settlement, petitioner herein paid the amount as agreed between the parties in favour of his son amounting to Rs. 3,000/-per month. It was mutually agreed between the parties that as the Opposite Party herein have sufficient income of her own, she does not require any maintenance from her husband.

(3.) IT is the contention of the petitioner that at present the petitioner herein is paying a sum of Rs. 6,400/- per month for the education, food and upkeep of the son.