MALAY GOSWAMI Vs. RIMPI GOSWAMI & ANOTHER

JUDGEMENT

(1.) This is an application challenging the order dated 27.11.2018 passed by the learned Judicial Magistrate, 5th Court, Krishnanagar, Nadia in M.R. Case No. 94(IV) of 2017.

(2.) The learned advocate appearing on behalf of the petitioner submits as follows. Marriage between the petitioner/husband and the opposite party No.1/wife took place in 2013. The wife left the matrimonial home in 2015. In 2017 the opposite party No. 1 filed a First Information Report against the petitioner and other in-laws under section 406, 498A and 506 read with section 34 of the Penal Code. In 2017 she also filed the present proceeding under section 125 of the Code. Upon hearing the parties on 27.11.2018 the learned Magistrate was pleased to allow the application under section 125 of the Code directing payment of maintenance at th rate of Rs.2000/- per month for the petitioner and Rs.1,500/- per month for the minor son, from the date of institution of the case. But the petitioner is only a day labour and does not earn sufficiently to sustain such award of maintenance. He is always willing to take back the wife and the child. Upon query by this Court, it is submitted that till date no application for restitution of conjugal rights has been filed by the petitioner.

(3.) I have heard the submissions of the learned advocate appearing on behalf of the petitioner and perused the revision petition and certified copies of the interim order and the copies of depositions annexed therewith.