RAJENDRA KUCHLYAN Vs. JHUMA KUCHLYAN

JUDGEMENT

(1.) The present application under Section 482 read with Section 401 of the Code of Criminal Procedure has been filed by the petitioner/husband challenging the order dated 19.02.2019 passed by the Learned Sessions Judge, Bankura in Criminal Revision No.35 of 2018, thereby setting aside the order dated 12.09.2018 passed by the Learned Chief Judicial Magistrate, Bankura in Misc. Case No.53 of 2018 and directed the petitioner to pay a sum of Rs.20,000/- per month as interim maintenance allowance from 20.04.2018 to the opposite party and also to pay the opposite party a sum of Rs.10,000/- as litigation cost.

(2.) Present opposite party/wife filed an application under Section 125 of the Code of Criminal Procedure praying for an order of maintenance for self and her daughter claiming herself to be the legally married wife of the present petitioner/husband. It was alleged by the opposite party/wife in her application for maintenance that she had been compelled to take shelter at the residence of her father along with her minor daughter being failed to bear the torture meted to her. It was alleged that the present petitioner/husband had failed and neglected to maintain them though he has sufficient source of income from his business. Opposite party/wife prayed for interim maintenance to the tune of Rs.30,000/- per month and litigation cost of Rs.10,000/-.

(3.) The prayer for interim maintenance was opposed by the present petitioner/husband as opposite party. In his written objection the husband admitted the factum of his marriage with the present opposite party and birth of two daughters out of the said wedlock. It was alleged by the husband that the wife had illicit relationship with one Mithu Das and said Mithu Das with the help of the opposite party/wife committed rape on the elder daughter of the parties to the case. Bankura woman P.S.Case No.50 of 2017 was started on the basis of the said incident. Said Mithu Das was arrested and the statement of the eldest daughter of the petitioner and opposite party was recorded by the Magistrate under Section 164 of the Code of Criminal Procedure. Petitioner/husband has initiated a divorce proceeding against the wife on the ground of adultery. In his written objection, the petitioner/husband claimed that the wife/opposite party had left the matrimonial home voluntarily. It was specifically stated by petitioner/husband that the wife was not entitled to get any maintenance for her illicit relationship with the said Mithu Das.