KUMARJIT ROY CHOWDHURY Vs. GOPA ROY CHOWDHURY

JUDGEMENT

(1.) This revisional petition arises out of an order dated 31.2.1996 passed by Shri B. Mukherjee, S.D.J.M., Durgapur, in Misc. Case No. 138 of 1990 under Section 125 of the Code of Criminal Procedure. The petitioner- husband has been directed to pay maintenance to the opposite party-wife @ Rs. 1,500/- per month w.e.f. the month of June, 1990 beside costs of Rs. 5,000/-.

(2.) As against a claim of maintenance, initiated as long back as in the year 1990, the parties joined issue and, after a long pendency, the impugned order was passed of the late as on 31.12.1996. There was, however, no controversy raised that the opposite party was the legally married wife of the petitioner. The claim of maintenance was challenged on the ground that the opposite party was a lady of ill-behaviour and she had no adjustment in family life, meaning thereby, that the conjugal life was not to the choice of the husband-petitioner. On such a plea raised on behalf of the petitioner husband, the Court below arrived at a definite conclusion that the opposite party-wife has entitled to maintenance, obviously, also because the opposite party-wife had no independent source of income so as to maintain herself.

(3.) The main thrust on behalf of the petitioner-husband was mostly on the point of quantum of maintenance, granted by the Court below. Be it, however, noted here that though the petitioner-husband joined issue on the point, he did not adduce any evidence to refute the claim of the petitioner.