B.Panigrahi,J. - (1.) This revisional application is directed against the order dated 6.11.99 whereby the revision-petitioner was asked to pay an amount of Rs. 4000/- as maintenance towards the opposite party.
(2.) The essential facts leading to this revisional application is as follows:
(3.) The revision-petitioner married the opposite party on 2nd July,1995 according to Hindu Rites and Customs. After such lawful marriage both the parties remained as husband and wife for some time. Thereafter there was a family dissension, as a result of which the private respondent was forced to leave the matrimonial home and lived with her parents. Since she did not have sufficient means to maintain herself, she filed an application under section 125 Cr.PC against the present revision-petitioner and, inter alia, prayed for payment of interim maintenance. The learned Judicial Magistrate, 6th Court, Howrah was, however, inclined to allow the prayer of the private respondent by directing the petitioner to pay interim maintenance of Rs. 250/- per month. Since the petitioner defaulted in paying the interim maintenance as directed by the learned Magistrate, the respondent had, therefore, preferred an execution case being Execution Case No. 12/99 before the Court below under section 128 Cr.PC. The revision petitioner filed a separate application in Execution Case No. 12/99 but the learned Court as submitted by the revision-petitioner, did not take such application into consideration and directed the petitioner to pay an amount of Rs. 4000/- towards the arrear maintenance. Therefore, being aggrieved by and affected with such order of the learned Magistrate this revision-petition has been filed.;