MOFIDUL ISLAM Vs. MUSSTT MORSHIDA BEGUM

JUDGEMENT

(1.) BY filing this revision application under Section 397 CrPC read with Section 482 CrPC, the petitioner has put on challenge the judgment and order dated 1.12.2010, passed by the learned Addl. Chief Judicial Magistrate, Kokrajhar in Case No.61 m/10, under Section 125 CrPC, whereby the petitioner was directed to pay a sum of Rs. 4,000/ - for the respondent -wife and Rs. 2,000/ - for the minor child as monthly maintenance allowances w.e.f. 1.6.2010 until further order. Heard Mr. J. Ahmed, learned counsel appearing for the petitioner and Mr. D.C.C. Phukan, learned counsel appearing for the respondent.

(2.) THE facts leading to the filing of this revision application may be summarized as follows -

(3.) ON careful perusal of the materials on record and the submissions advanced by the learned counsel for the parties, I find that it is not disputed that the 2nd party -respondent is the lawfully married wife of the petitioner -husband. It is also not disputed that the minor child named Arjan Islam was born to the parties and he is the legitimate minor child of the petitioner. There is not dispute of the fact that the respondent -wife does not have any source of income. The petitioner also did not claim that his wife has any source of income to maintain herself and the minor child.