- (1.) By filing this application under Article 227 of the Constitution of India, the revisionist/wife has sought to challenge Order No. 9 dated 11.02.2009 passed by the court of the learned Additional District Judge at Durgapur, in connection with Criminal Motion No. 21 of 2008. The background facts leading to filing this petition under Article 227 of the Constitution of India may be summarized as under :-
(2.) The revisionist/wife filed a maintenance proceeding registered as Misc. Case No. 21 of 2000 against her husband, Opposite Party No. 1, before the court of the learned Sub - Divisional Judicial Magistrate, Durgapur, alleging ill-treatment and torture both physical and mental on non-fulfilment of further dowry demand by her husband and in-laws. Since the petitioner/wife was a teacher of Assembly of God Church School, her in-laws created pressure upon her for relinquishing the job. A son was also born out of the said wedlock. Ultimately on 25.04.1999, she was assaulted by her husband and in laws and was driven out along with her son, Sabyasachi. The Opposite Party/husband was running a coaching centre for boys and girls of Class IX to Degree Course on different subjects and was earning more than Rs. 10,000/- at that material point of time. She, therefore, claimed maintenance for her minor son at the rate of Rs. 1500/- per month.
(3.) The Opposite party/husband has sought to resist the claim of maintenance by filing a written objection controverting all the materials allegations levelled against him in the petition under section 125 of the Code of Criminal Procedure. He contended therein, inter alia, that after delivery of the child the parents of the petitioner took her and her baby to their house and despite repeated attempts on his part to bring back his wife and son, the petitioner refused to lead a conjugal life with him on the ground that atmosphere and environment of her matrimonial house is not conducive to proper upbringing of her son. He was asked to leave his paternal home at Faridpur and to shift at City Centre, i.e. in his - in-laws house. In view of refusal by the petitioner, he was falsely implicated in criminal cases. He also filed a petition under section 9 of the Hindu Marriage Act before the learned Additional District Judge, Durgapur, being Mat. Suit No. 166 of 1999 for restitution of conjugal rights. During pendency of the said suit the learned Additional District Judge asked the petitioner to resume her normal conjugal life, but the petitioner refused to oblige the learned Judge at the time of such reconciliation. According to him, the petitioner/wife was staying at her paternal house along with her minor son out of her own volition. That apart, the petitioner/wife has sufficient income per month to maintain the minor son from the huge money lying in the Bank in the name of the minor son. His further contention is that he is a private tutor by profession and he earns hardly Rs. 1400/- per month. However, he is now pursing legal study under Vinod Bhaba University, Hazaribagh and as such it is now not possible for him to continue private tuition since he was to attend law classes. Since he never refused or neglected to maintain his son, the petition claiming maintenance for minor son is liable to be dismissed.;