ABDUS SOBHAN KHAN Vs. HANUFA KHATUN

JUDGEMENT

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

(2.) This is an application under Sec. 397/401 read with Sec. 482 of the Code of Criminal Procedure, 1973, against the impugned judgment and order dtd. 1/7/2022, passed by the learned Principal Judge, Family Court, Barpeta, in FC (Crl) Case No. 303/2020, directing the present petitioner to pay an amount of Rs.5,000.00 per month from the date of filing of the petition towards the maintenance allowance of the respondent.

(3.) The brief facts of the case is that the respondent, as a 1st party, filed an application under Sec. 125 Cr.P.C. before the Court of learned Principal Judge, Family Court, Barpeta, claiming maintenance alleging inter alia that she entered into a marriage with the petitioner on 21/10/2018 as per Islamic Shariyat and after their marriage, they started living as a husband and wife. But, after few days of their marriage, the 2nd party/the present petitioner and his family members started torturing her mentally and physically demanding Rs.2,00,000.00 from her parental home. As she could not fulfill the demand, the 2nd party/present petitioner started torturing her severely and finally drove her out of her matrimonial home. Having no other alternative, she took shelter in her parental home and since the day she left her matrimonial house, the petitioner never inquired about her nor provided her any maintenance. The 1st party/present respondent has no source of income to maintain herself. On the other hand, the 2nd party/present petitioner is a retired teacher and apart from that, he has 5-6 Bighas of cultivable land along with a fishery and also has the other source of income and thus, he is earning around Rs.45,000.00 per month and accordingly, the respondent filed the petition praying for maintenance @ Rs.10,000.00 per month towards maintenance allowance.