SUBAL CHANDRA SAHA Vs. PRITIKANA SAHA

JUDGEMENT

(1.) Heard Mr. P. Roy Barman, learned counsel for the petitioner and Mr. A. Banerjee, learned counsel for the respondent.

(2.) The husband petitioner filed this criminal revision petition against the Judgment dated 12-11-2002 passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Revision No. 20(2)/2002.

(3.) The respondent wife filed a petition seeking maintenance under S. 125 of the Cr. P. C. in Misc. Case No. 42/1999 before the learned Additional Chief Judicial Magistrate , West Tripura, Agartala. The learned Additional Chief Judicial Magistrate being the Trial court after recording evidence, hearing the parties, disposed of the maintenance petition vide Judgment dated 1-2-2002, whereby the learned Trial Court allowed a maintenance of Rs.1,000.00 per month to be paid by the husband, petitioner herein, for the maintenance of minor daughter Sumana Saha, while rejecting the prayer of maintenance of the wife, Smt. Pritikana Saha. The learned Trial Court dis-allowed the petition on maintenance, so far the wife is concerned, on the ground of her "living in adultery" with another man. Being aggrieved, the wife preferred criminal revision petition before the learned Sessions Judge, West Tripura, Agartala in Criminal Revision No. 20(2)/2000. By the impugned Judgment the learned Sessions Judge allowed the revision directing the payment of maintenance of Rs.1,000.00 per month along with arrears by the husband, petitioner herein, in favour of the wife, respondent herein. Hence, this criminal revision filed by the husband.