- (1.) By filing an application under Sections 401 and 482 of the Code of Criminal Procedure the Petitioner wife has sought to challenge the Judgment and Order dated 4.6.2008 passed by the learned Additional Sessions Judge, 3rd Court, Burdwan in Criminal Motion No. 108 of 2007 affirming the judgment and order dated 26.9.2007 passed by the learned Judicial Magistrate, 6th Court. Burdwan in Misc. Case No. 212 of 2005 whereby she has rejected the Petitioner?s claim for maintenance from the opposite party husband.
(2.) Background facts leading to filing of this revisional application may be capsulised as under: An application under Section 125, Code of Criminal Procedure was filed by the Petitioner wife claiming maintenance @ Rs. 2,000 p.m. on the ground that she has been abused and tortured by her husband and in-laws since their further dowry demand could not be satisfied by her mother. The marriage between her and the O.P. husband was solemnized in accordance with Hindu religious rites on 9.8.2004 and such solemnisation of marriage was also preceded by registration of their marriage on 7.4.2004. It is, further, contended by her that she is unable to maintain herself while her husband has sufficient earnings from her employment in a alumunium steel shop and also from her 5/7 bighas of landed properties. This Misc. Case No. 212 of 2005 under Section 125, Code of Criminal Procedure has accordingly been instituted at the instance of Petitioner wife.
(3.) The husband O.P. has sought to resist the claim of maintenance by controverting all the material allegations of torture and further demands, etc., in his written objection. It is also contended therein inter alia that she left her matrimonial home on 26th Bhadra 1411 BS since he could not concede to her proposal of staying in her mother's house as a domesticated son-in-law. He thereafter, had to file a suit under Section 22 of Special Marriage Act praying for restitution of their conjugal rights, but to no effect. Since his wife is residing at her mother's house out of her own accord and is also earning sufficient money by coaching music students, he is not liable to pay any maintenance. He has, therefore, prayed for dismissal of the maintenance proceeding.;