JITENDRA PAL Vs. RITA DE

JUDGEMENT

(1.) THIS revision petition under Section 397, read with Section 401 of CrPC, as directed against the judgment and order, dated 12.11.2009, passed by learned SDJM, Dharmanagar, in connection with Misc. Case No.ll /2009, registered under Section 125 of Cr.P.C.

(2.) BY the impugned judgment and order, the learned SDJM, Dharmanagar, directed the petitioner-husband to pay an amount of Rs.1200/- (Rupees one thousand and two hundred) per month towards maintenance to the respondent-wife. Being aggrieved and dissatisfied with the judgment and order, aforesaid petitioner(husband), has filed the present revision petition, challenging the correctness, legality and propriety of the judgment and order on different grounds.

(3.) ON the other hand, Mr. Banerjee, learned counsel for the respondent-wife has submitted that the petitioner-husband all along treated the respondent-wife with cruelty in the matrimonial home and beaten out her from the respondent's house and thereby compel-led her to take shelter in the house of her brother. Having no other alternative, she is now in the mercy of her brother. She has no independent income and being married women, her brother has no legal obligation to maintain her. The petitioner being legally married husband is bound to maintain his wife, i.e. the respondent and during last many years, the petitioner did not pay a single farthing to the respondent. Since long, the respondent-wife could somehow maintain herself but now, she became helpless and therefore, prayed for granting maintenance and accordingly, her prayer was allowed. The amount of maintenance, so awarded by the learned SDJM, Dharmanager, does not deserve interference by this Court, as the amount is very small. After the order, so passed by the learned SDJM, till today, petitioner did not pay a single penny to the respondent and, therefore, the instant revision petition should be dismissed.