ANOWARA KHATUN Vs. MONNAF ALI AHMED

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 30.11.99 passed by the learned Session Judge, Barpeta in Criminal Mdtion No. 9/1998 setting aside the judgment and order dated 3.2.98 passed by the learned Chief Judicial Magistrate, Barpeta in Case No. 404 M/96 under Section 125 CrPC. The learned Chief Judicial Magistrate had granted maintenance at the rate of Rs.300/- per month to the petitioner-wife.

(2.) I have heard Mr A.S. Choudhury, learned counsel for the petitioner and Mr S .A. Laskar, learned counsel for the opposite party.

(3.) The petitioner herein as first party filed an application under Section 125 CrPC against her husband, the opposite party, for maintenance. The facts of the case in brief is that the petitioner was married to the opposite party according to Sariyat and Muslim Rites and they stayed together for about three months as husband and wife. The opposite party started harassing the petitioner physically and mentally and eventually drove her out of the house. Having no alternative the petitioner took shelter in the residence of her parents. The opposite party never came to take her back nor paid any maintenance allowance. The petitioner had no income of her own and her poor parents are also not in a position to maintain her.