ASIT GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application under Sections 397, 401 and 482 of the Cr. P. C. is directed against the order dated 29. 11. 2004 passed by learned Judicial magistrate, 5th Court, Howrah in Misc. Case No. 212 of 2002, T. R. No. 13 of 2002 whereby and whereunder the learned Magistrate allowed the Misc. case directing the opposite party to pay maintenance under Section 125 Cr. P. C. @ Rs. 1,000/r per month to the petitioner and @ Rs. 750/- per month to the minor daughter. The opposite party No. 2 herein was the petitioner under section 125 Cr. P. C. before the learned Court below and her case, in short, is that she was married with opposite party Asit Ghosh and after marriage went to her matrimonial home which was in joint mess with some of her brothers-in-law. At the time of negotiation of marriage, the opposite party represented that he was a Class - IV employee in the department of Fisheries, Government of West Bengal and his salary was Rs. 3,000/- per month. After six months of marriage, her husband/opposite party started demanding more cash and ornament which were presented to her by her father and upon her refusal, he started committing torture upon her mentally and physically with tacit support of the other members of the family. The petitioner disclosed about her sufferings to her father and other members of her father's family, but, they consoled her and asked her to bear such treatment expecting that the matter would be normal in future. The petitioner gave birth to a female baby on 16. 09. 89. The opposite party did not take any information of the petitioner/ wife and at last her elder brother took her to her matrimonial home. After her arrival there, her husband started committing torture upon her both mentally and physically and at last her husband's elder brother took her to her father's house where she had been living being deserted by her husband. The petitioner/wife is unable to maintain herself and her daughter, but, her husband has 75 bighas of land jointly with his brother. That apart, the husband earns rs. 8,000/- as salary. For the aforesaid reasons, the wife/petitioner filed a petition under Section 125 Cr. P. C. before the learned Court below.

(2.) THE husband/petitioner herein filed the revisional application contending, inter alia, that the petitioner/wife was not willing to reside in her matrimonial home. All other allegations have been denied by the husband/ petitioner herein.

(3.) THE case was earlier disposed of by the learned Magistrate wherein the petitioner/wife was awarded maintenance of Rs. 225/- per month for herself and her daughter. The wife being aggrieved by the said order, preferred revisional application bearing No. 507 of 2004 before this Hon'ble Court and upon hearing both sides the order passed by the learned Magistrate was set aside and the case was sent back before the learned Magistrate to dispose of the application under Section 125 Cr. P. C. in accordance with law and, if, necessary by recording evidence of both sides and to dispose of the case within three months from the date of communication of the order. Thereafter, the learned Magistrate by the impugned judgment and order allowed the misc. case awarding maintenance @ Rs. 1,000/- per month for the wife and rs. 750/- per month for the minor daughter. Being aggrieved by the said order passed by the learned Magistrate, the husband has preferred the instant revisional application.