SHAFIUZZAMAN Vs. RESMA PARBIN

JUDGEMENT

(1.) Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. J. Ali, learned counsel for the respondent.

(2.) This is an application filed under Sec. 397/401 read with Sec. 482 of the Code of Criminal Procedure Code, 1973 challenging the Judgment and Order dtd. 10/4/2023 passed by the learned Principal Judge, Barpeta in F.C. (Crl.) Case No.250/2022 directing the petitioner to pay an amount of Rs.5,000.00(Rupees Five thousand) only per month to the respondent towards the monthly maintenance.

(3.) The brief facts of the case is that the respondent as a first party filed an application under Sec. 125 of Cr.P.C. before the learned Family Court, Barpeta alleging inter alia that the respondent entered into marriage with the petitioner on 6/8/2017 according to Muslim Sariyat by executing Kabin-Nama. But, after six months of their marriage, the petitioner started torturing her mentally and physically and also demanded an amount of Rs.3.00 Lakhs along with some wooden furniture. Finally, on 2/2/2021 the present respondent was driven out of her matrimonial house and thereafter, she took shelter in her parental house. It is further alleged that since the day she left her matrimonial house, the petitioner has not provided her maintenance in spite of the fact that she has no source of income and at present she is totally dependent upon her father.