MUSTAK AHMED Vs. SAKILA BANU

JUDGEMENT

(1.) Heard Mr. U.J. Saikia, learned counsel for the petitioner. Also heard Mr. N.J. Khataniar, learned counsel for the respondent.

(2.) The petitioner being the husband of the respondent/wife filed an application under Sec. 401 Cr.P.C. against the judgment and order dtd. 7/5/2021 passed by the learned Principal Judge, Family Court II, Kamrup(M) in F.C.(Crl.) Case No. 377/2016 granting maintenance of Rs.7,000.00 per month to the respondent/wife and for her child.

(3.) The respondent/wife filed an application under Sec. 125 Cr.P.C. before the Family Court praying for granting maintenance for her and her minor child on the ground that she was unable to maintain herself. In the said petition, the respondent/wife contended that she got married to the petitioner and after their marriage, they lived together as husband and wife and out of their wedlock, a male child was born. It was alleged by the respondent/wife that the petitioner and his sister demanded money from the respondent/wife amounting to Rs.4.00 lakh to set up a new business for the petitioner and when the respondent/wife expressed her inability to fulfill the demand, the petitioner and his family members assaulted her and drove her out from her matrimonial home along with her son. Subsequently, though the respondent/wife was taken back in her matrimonial home but ultimately she was compelled to leave the house of her husband i.e. the petitioner and a case was registered before the All Women Police Station against her husband i.e. the petitioner under Sec. 498A/506 IPC.