- (1.) The Petitioner, Soma Mullick, by filing the instant application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, has prayed for setting aside of the order dated 8th April, 2008 passed by the learned Second Court of Judicial Magistrate, Howrah, in Misc. Case No. 186 of 2002.
(2.) The backdrop of the present case may briefly be stated as follows: The Petitioner approached the learned Court of Magistrate with an application under Section 125, of Code of Criminal Procedure claiming maintenance. In the said petition, it was submitted that the marriage was solemnized between the Petitioner and the opposite party No. 2 in the house of her father at Andul on 27.7.1994 according to Hindu rites and customs. After marriage, the Petitioner was taken to her matrimonial home but she was not accepted by opposite party No. 2, his mother and two married sisters. Apart from criticizing her parents and other relations, they also used to express their disgust regarding the quality of the ornaments as well as other articles given at the time of the marriage; they used to abuse the Petitioner in filthy language. The Petitioner waited with the expectation that the complexion might gradually change in her favour opposite party No. 2 was totally indifferent to her and even did not allow the Petitioner to share the same bed. The Petitioner was denied access to her relatives and friends. All of a sudden the Petitioner was once taken to a doctor and was compelled to undergo abortion. When she conceived for the second time, O.P. No. 2 openly declared that he would not shoulder any responsibility. The Petitioner was, thus, subjected to consistent neglect and humiliation. The Petitioner was given a false impression that O.P. No. 2 had done M.Sc. in Chemical Biology and was working as a Junior Scientific Officer in the Institute of Chemical Biology at Jadavpur drawing a salary of Rs. 17,000 per month. It, however, transpired that he was a Junior Laboratory Assistant. O.P. No. 2 repeatedly threatened to divorce the Petitioner and was subjected to cruelty in various forms. Being left with no option, she had to take shelter at her paternal home. Her husband never took any step for taking her back nor did he pay any maintenance.
(3.) The case was transferred to the learned 2nd Court of Judicial Magistrate, Howrah. After taking into consideration the evidence on record and other relevant facts and materials, learned Court by order dated 8th April, 2008 rejected the application for maintenance and directed the Petitioner to refund the interim maintenance received by her.;