NIBEDITA BASU (DAS) Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application challenging an order dated 12th November, 2017 passed by the learned Judicial Magistrate, 2nd Court, Purba Medinipur in Misc. Case No.98 of 2016 under Section 125 of the Code, thereby granting an interim maintenance allowance at the rate of Rs.3000/- per month in favour of the present petitioner. The petitioner is aggrieved by the insufficiency of the sum awarded. A certified copy of the order sheet filed by the learned Counsel appearing on behalf of the opposite party no.2 is taken on record.

(2.) The learned Counsel appearing on behalf of the petitioner submits as follows. The couple got married on 02.08.2010. Soon after the marriage, the wife/petitioner was tortured mentally and physically by the husband/opposite party no.2 and his family members for more dowry. On 26.08.2013, the petitioner was driven out from the matrimonial home. The husband was an employee at the University of Calcutta earning of about Rs.40,000/- per month. On the other hand, the petitioner was un-employed and therefore, unable to maintain herself. A sum of Rs.3000/- per month grossly insufficient for her maintenance.

(3.) The learned Counsel appearing for the opposite party no.2 submits as follows. No revision is maintainable against an interlocutory order in view of Section 397(2) of the Code. He relies on an unreported decision of the Hon'ble High Court at Rajasthan passed on 31.08.2018 in S.B. Criminal Revision No.483 of 2018. On merits, the wife was well qualified and was quite capable of earning. The wife herself was responsible for the delay in disposal of the original application for maintenance allowance under Section 125 of the Code. During the proceeding before the learned Court below it had been submitted on behalf of the husband that he was getting a salary of about Rs.21,000/- per month as a net sum. He also had to look after his ailing parents.