NELIRANI SARKAR Vs. PARESH CH. SARKAR

JUDGEMENT

(1.) THE Petitioner and her husband lived together for about six months after their marriage. It was alleged that the opposite party namely the husband alliterated her and drove her out from his house and refused to maintain her. She had to go away to her parents and has been since then living with them. He had not maintained her thereafter and accordingly she claimed a monthly allowance towards maintenance from her husband under Section 488(1), Code of Criminal Procedure.

(2.) THE husband did not question the marriage but denied the alleged ill -treatment and the story - of having driven out the wife as also the allegation of refusal or neglect to maintain her; it was during his absence that she had left his house of her own accord. He had further pleaded that he had always been trying to bring her back and to maintain her and as such her petition under Section 488, Code of Criminal Procedure was liable to be rejected.

(3.) THE present petition on behalf of the wife questions the last portion of the order directing that the wife should be maintained only on condition that she lives with her husband from after the date of order. It is contended that the learned Magistrate had no jurisdiction to thus compel the Petitioner to live with her husband and make it a condition precedent for being maintained by him. Necessarily also the order limiting the payment of the monthly allowance to the period from the date of application till the date of the order, it is urged, was also illegal and without jurisdiction.