ABDUL KALAM Vs. MUSTT. KHAIMALA KHATUN

JUDGEMENT

(1.) THIS application under Sections 397 /401 r/w Section 482, CrPC is directed against the judgment and order dated 19.5.2011, passed by the learned Sessions Judge, Nalbari in Criminal Revision No. 32/2008 affirming the order dated 29.09.2008, passed by the learned Sub -Divisional Judicial Magistrate (S) Nalbari in Case No. 73M/2006 granting maintenance allowance to the opposite party herein at the rate of Rs. 1000/ - per month and Rs. 800/ - per month each to the children of the parties with immediate effect. Being aggrieved by the order dated 29.09.2008 granting maintenance allowance to the opposite party/petitioner at the rate of Rs. 1000/ - per month and order dated 19.05.2011, passed by the learned Sessions Judge, Nalbari in Criminal Revision No. 32/2008 affirming the judgment rendered by Magistrate in No. 73M/2006 on 29.09.2008, the applicant/second party has come up before this Court with the present proceeding requesting this Court to set aside the order(s), passed by the Courts below.

(2.) THE facts, necessary for disposal of this present proceeding, in short, are that one Mustt. Khaimala Khatun is said to be the legally married wife of one Abul Kalam Azad. For convenience of discussion, Mustt. Khaimala Khatun and Abul Kalam Azad would be referred to hereinafter as first party and second party respectively.

(3.) SOON after the marriage, the second party started to demand the first party dowry which gave rise to series of disputes between them. The first party did everything to ensure that their marriage did not get dissolved due to atrocities perpetuated on her by her husband. In that connection, she reported the matters to the villagers for their intervention. The villagers, on her request, tried to settle the matter but in vain.