SATYAKI SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application challenging a judgment and order dated 08.11.2017 passed by the Learned Additional Sessions Judge, 18th Court, Alipore, South 24 Paraganas in Criminal Motion No. 29 of 2017 (Criminal Motion 182/17) affirming the judgment and order dated 18.03.2017 passed by the Learned Judicial Magistrate, 7th Court, Alipore, South 24 Paraganas in Case No. M-140 of 2014 directing the petitioner to pay to the opposite party no. 2 interim maintenance at the rate of Rs. 8000/- per month under Section 125 of the Code with effect from the date of order.

(2.) The present opposite party no. 2 filed an application under Section 125 of the Code claiming monthly maintenance at the rate of Rs. 35000/- per month from the present petition and a litigation cost of Rs. 50,000/-. She also filed an application for interim maintenance at the rate of Rs. 35,000/- per month. According to the opposite party no. 2, the couple got married on 20.11.2011. After the wedding, she went to her matrimonial home in Noida with her stridhan articles. But, she was humiliated by the inlaws and tortured by them. She was even forced to starve. She was also subjected to perverted sexual acts by the petitioner with the aid of pornographic videos and was even physically assaulted and threatened by him. Finally on 07.02.2012, she was compelled to leave her matrimonial home. But, the in-laws withheld her stridhan articles. She claimed that the petitioner was an affluent engineer, working in a renowned company. His gross earnings were about Rs. 80,000/- per month. Yet, the petitioner and the in-laws were trying to pressurize her father to buy them a house in Gurgaon.

(3.) In his show cause, the petitioner denied the allegations levelled by the wife. He claimed that the couple co-habited only for about 2 months and 26 days. His application under Section 9 of the Hindu Marriage Act was pending. He claimed that the opposite party no. 2 was employed with a finance company as an Assistant Manager and was earning a handsome salary, sufficient to maintain herself.