JAMINI MOHAN DEBNATH Vs. SUKHLAL DEBNATH

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India and Section 482 Cr. P.C. is directed against the judgment dated 10th July, 1990 passed by learned Additional District Judge in Criminal Revision No. 16(2)90 affirming the judgment of learned Additional Chief Judicial Magistrate dated 30.8. 1986 allowing maintenance to the present petitioner and his wife.

(2.) I have heard Mr. J.C. Debnath, learned counsel appearing on behalf of the petitioner and Mr. S. Laskar, learned counsel appearing for the respondent.

(3.) Bereft of unnecessary details, the facts material for disposal of this petition are that the petitioner No. 1 Shri Jamini Mohan Debnath who is the father of the respondent presented a petition before the learned Additional Chief. Judicial Magistrate, West Tripura District claiming maintenance allowance for himself and his wife@ Rs. 250/- per mensem. The respondent resisted the petition on various grounds such as the petitioner No. 1 is in good physical condition and he earns Rs. 300/- per month. Both the parties adduced evidence in support of their respective case and the learned trial Court after appreciating the evidence on record granted the petitioner and his wife maintenance allowance Rs. 125/- per head per month i.e. Rs. 250/- a month for the petitioner and his wife. But the learned trial Court passed the order requiring the respondent to pay the aforesaid sum as maintenance in case the petitioner and his wife fail to reside with him. Aggrieved by this conditional order the petitioner No. 1 preferred a revision before the learned Session Judge, West Tripura, Agartala. But the learned Sessions Judge, West Tripura, Agartala, by his judgment dated 10th July, 1990 while maintaining the order of the learned trial Court, observed that he did not firm any sort of infirmity or illegality in that order. Hence, this present petition.