RUDRA NARAYAN RAY Vs. PIYALI RAY CHATTERJEE

JUDGEMENT

(1.) This Criminal Revision has been preferred against the impugned order dtd. 21/1/2022 passed by the learned Principal Judge, Family Court, Dumka in Original Maintenance Case No.66 of 2018, whereby the learned Court below has allowed the petition filed on behalf of the opposite party Nos.2 and 3 under Sec. 125 of the Code of Criminal Procedure and directed the petitioner-husband to pay a sum of Rs.30,000.00 per month to the opposite party No.2-wife and Rs.15,000.00 per month to the opposite party No.3-minor son Punya Prasoon Ray with effect from the date of institution of the case.

(2.) The brief facts leading to this Criminal Revision are that the maintenance application under Sec. 125 of the Code of Criminal Procedure was filed on behalf of the petitioner-Piyali Ray Chatterjee with these allegations that she is legally wedded with Rudra Narayan Ray and her marriage was solemnized on 11/5/2013 at Durgapur according to Hindu rites and rituals and, thereafter, the said marriage was also registered. Out of the wedlock, the couple was blessed with a child, who is aged 4 years 3 months, namely, Punya Prasoon Ray. The petitioner was not treated properly after marriage when the petitioner went to her sasural after marriage. The mother-in-law made comment that the father of the petitioner had not given more dowry as her son was the doctor. The respondent and his mother began to create pressure upon the petitioner for demand of Rs.5.00 lakhs on account of the same, the petitioner was mentally shocked. The petitioner-wife became pregnant and was leading the life in mental agony being much frustrated with her future. The respondent-husband all the time used to say to go to father's house and shall not allow her to reside with him. For this reason, the petitioner-wife left the in-law's house on 9/6/2018 and went to her parental house at Maluti. The respondent along with his mother came to Maluti on 26/8/2018 and began to quarrel with the father of the petitioner because the demand was not fulfilled. There had been hulla on account of the quarrel. The persons of the locality came and saw the occurrence. The respondent-husband and his mother both fled away from there after having criminally intimidated her. The respondent had deserted the petitioner without any proper cause. The petitioner is having no source of income to maintain herself and her minor children while the respondent-husband has landed property at Bankura, a flat at Kolkata, from which, he gains Rs.50,000.00 per month as rent. He gets Rs.1,50,000.00 as salary and also gains Rs.2,00,000.00 per month from the pathology clinic. His mother gets Rs.50,000.00 per month family pension, as such, total income of the respondent-husband is Rs.4,50,000.00 per month. Accordingly, prayed for Rs.40,000.00 per month for her maintenance and Rs.20,000.00 per month for maintenance of her son.

(3.) On behalf of the respondent-husband, written statement was filed, in which, it has been stated that the petitioner has filed the maintenance application after having suppressed material facts. The averments made in paragraph Nos.2(a), 2(b), 3, 4, 5(a), 5(b) and 5(c) in maintenance application are denied by the petitioner and it has been stated that the respondent is the only male member in his family. His mother being aged 72 years old with various serious ailment like blood sugar with hyper tension for last 20 years and maternal grandmother being aged about 93 years under bed ridden condition wherein after marriage the respondent was included with them as the exclusive newly married housewife. The problem was created by the petitioner from initial stage after the marriage as after entry in her matrimonial home the respondent in her every casual attitude, posture and gesture showed reluctance and disguised in disturbing common responsibility towards the petitioner or the other two old fellows. In the year 2013, the petitioner expressed her declined attitude towards the management with the family.