BIPUL BEZBARUAH Vs. PADUMI ROY

JUDGEMENT

(1.) This criminal revision petition under Sections 397/401 of the Cr.PC has been filed challenging the legality, propriety and correctness of the judgment and order, dated 06.02.2018, passed by the learned Principal Judge, Family Court, Barpeta in M.R. Case No. 326/2014 granting maintenance allowance of Rs. 5,000/- per month to the respondent from the date of filing of the petition under Section 125 of the Cr.PC.

(2.) Heard Mr. A Ganguly, learned counsel for the petitioner as well as Mr. N Deka, learned counsel for the sole respondent.

(3.) The fact of the case is that the respondent/wife initiated a proceeding under Section 125 of the Cr.PC against the petitioner before the learned Principal Judge, Family Court, Barpeta on the ground that the 2nd party has refused and neglected to maintain her although she is the legally married wife of the petitioner. She was also assaulted by the petitioner and subjected to torture. She has no source of income of her own. According to her, the petitioner has sufficient income to provide maintenance to her. The petitioner as respondent contested the aforesaid proceeding under Section 125 of the Cr.PC by filing written statement, denying the allegations of subjecting his wife/respondent to torture as well as denying his income as stated by the wife/respondent. According to the petitioner, the respondent/wife is not entitled to maintenance allowance.