Prasenjit Mandal, J. - (1.) This application under Section 401 read with Section 397 and 482 of the Code of Criminal Procedure, 1973 is at the instance of a husband of a maintenance proceeding and is directed against the judgment and order dated 05.03.2009 passed by the learned Additional Sessions Judge, Fourth Court, Paschim Medinipur in Criminal Revision No.105 of 2008 arising out of a maintenance proceeding bearing M.R. Case No.358 of 1998 thereby allowing the revisional application with order of remand. The learned Additional Sessions Judge also granted ad interim maintenance at the rate of Rs.1,500/- per month to the wife payable within 10th of each month. Being aggrieved by such order of the learned Additional Sessions Judge, the husband has preferred this application.
(2.) The fact of the case leading to the filing of this application is that the marriage of the husband and wife (opposite party no.2) was solemnised on 03.03.1992 according to Hindu rites and customs. After marriage, the wife began to reside at her matrimonial house. After some days she came to her paternal house as per their customs. The wife contended that one male child was born in the wedlock. Then she came to her matrimonial house. After some days of stay, the husband demanded Rs.20,000/- more from the father of the wife, though adequate dowry was given at the time of marriage. The father of the wife could not pay such demand and for that reason, the wife was subjected to physical and mental torture. She came back with her son to her paternal house. The husband took her back to his house but he again subjected her to torture. Ultimately, the wife was compelled to leave her matrimonial house. Thereafter, she filed an application under Section 125 of the Cr.P.C., 1973 claiming maintenance for herself and the child.
(3.) The husband appeared in the said proceedings. He denied all the material allegations. He disputed that the paternity of the child.;