ROMITA PRASAD Vs. AVISHEK KUMAR PRASAD @ NANKI

JUDGEMENT

(1.) The petitioner claiming maintenance @ Rs. 4,000/- each per month from the opposite party/husband for herself and for her minor daughter moved an application under Section 125 of the Code of Criminal Procedure in the Court below. Simultaneously, she also prayed for interim maintenance. However, the Learned Judicial Magistrate, 1st Court, Siliguri, while awarded interim maintenance @ Rs. 900/- per month for the minor daughter, rejected her prayer. Hence, this criminal revision.

(2.) Heard Mr. Subir Banerjee, the Learned Counsel appearing on behalf of the petitioner. Perused the impugned order and other materials on record. In spite of repeated calls, none appears on behalf of the husband/opposite party. Affidavit of service filed in Court be kept with the records.

(3.) Having gone through the impugned order, I find that in the instant case the marriage as well as the paternity of the child has not been disputed but the prayer for interim maintenance of the petitioner/wife was rejected on the ground although it was her case that she was driven out from her matrimonial home followed by torture and demand of dowry but in her application for maintenance it has not mentioned the dates on which she was subjected to torture and was driven out from her matrimonial home.