SUPARNA SEN Vs. ASHIT CHANDA

JUDGEMENT

(1.) Heard Mr. PK Talukdar, learned counsel for the petitioners. Also heard Mr. AK Talukdar, learned counsel appearing for the opposite party.

(2.) This application under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973, for short, Cr.PC, and Article 227 of the Constitution of India is directed against the judgment and order dated 19.06.2012 passed by the learned Principal Judge, Family Court, Cachar, Silchar, in FC (Crl.) Case No. 8/2010, whereby the learned Principal Judge had passed an award of Rs. 1,500/- to the wife, i.e., petitioner No. 1, and Rs. 1000/- for her school going minor son, i.e., petitioner No. 2, as maintenance under Section 125 Cr.PC from the date of the order.

(3.) The petitioner No. 1 was married to the opposite party following hindu rites and rituals on 28.02.2002 and out of their wedlock, a male child was born to them on 15.03.2003. Alleging that subsequent to the birth of the child, the opposite party started torturing the petitioner No. 1, both mentally and physically, and finally drove her out of the matrimonial house alongwith the child, compelling her to take shelter in her parental house, the petitioner No. 1 filed an application under Section 125 Cr.PC before the learned Principal Judge, Family Court, Cachar, Silchar on 11.01.2010 and the said application was registered as F.C. (Crl.) Case No. 8/2010.