RAHAMAT ALI Vs. JAIRUNNESSA

JUDGEMENT

(1.) HEARD Mr. S. Deb, learned senior counsel assisted by Mr. S. Chaudhuri, learned counsel appearing for the petitioner and Ms. N. Guha, learned counsel representing the respondent.

(2.) THE interesting question to be decided in this revision petition is whether the dismissal of a petition filed under Section 125 of the Code of Criminal Procedure (for short 'Cr.P.C.') debars the wife, from claiming maintenance allowance from the husband by filing a second application under Section 125 of the Cr.P.C.

(3.) IT has been stated on behalf of the petitionerhusband that subsequently Crl. Misc. Case No. 206/2009 was filed before the learned Judge, Family Court, Kailashahar, North Tripura on 15.12.2009, after rejection of the earlier application, i.e., Crl. Misc. No. 91 of 2008 filed under Section 125 of the Cr.P.C, wherein the respondent-wife claimed a sum of Rs.1,000/- per month for herself and Rs.500/- each for her four children.