PRADIP DAS Vs. JABA RANI DAS

JUDGEMENT

(1.) This criminal revision under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 has been directed against the order dated 21.8.98 passed by the learned Chief Judicial Magistrate, Hailakandi in M.R. Case No. 10 of 1998 under Section 125 Cr. PC. The learned Magistrate vide the impugned order directed the revision petitioner to pay the monthly maintenance of Rs 500/- to his wife with effect from 1.2.98. Being aggrieved, the husband Shri Pradip Das has preferred this revision.

(2.) It would appear from the materials on record that the marriage between the parties which was solemnised on 29.1.97 is not disputed. Altogether a sum of Rs 1,18,000/- was allegedly given to the petitioner in cash and kind at the time of marriage. But immediate after the marriage,the respondent was ill- treated by her in-laws. There was demand for paymant of money. The torture perpetuated upon her increased gradually and eventually, being unable to tolerate the same, she had to take shelter in her brother's house with effect from 8.7.97. the petitioner has not cared to pay anything towards her maintenance although his monthly income is Rs. 9,000/-. As the respondent has no income of her own, she had to move the petition under Section 125CrPC.

(3.) The petitioner as second party in the aforesaid proceedings under Section 125 Cr PC refuted the charges brought against him. It has been pleaded that the first party was insisting upon him to engage a maid servant which was beyond his capacity and she was also reluctant to do any household work. It is also submitted that the petitioner had filed a suit in the court of learned District judge, Tinsukia for restitution of conjugal right and he is also willing to take her back to his house.