MANOWARA BEGUM ALIAS MANOWARA KHATUN Vs. STATE OF WEST BENGAL
LAWS(CAL)-2012-4-35
HIGH COURT OF CALCUTTA
Decided on April 24,2012

MANOWARA BEGUM, MANOWARA KHATUN Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) This application is directed against the Order dated February 25, 2011 passed by the learned Sessions Judge, Birbhum in Criminal Motion No.53 of 2010 thereby enhancing the maintenance granted in Misc. Case No.129 of 2003.
(2.) The petitioner instituted the aforesaid Misc. Case under Section 125 of the Criminal Procedure Code (in short 'Cr.P.C') contending, inter alia, that in June, 1980, she was married to the opposite party No.2 according to Mahamaddan Law. The husband gave up Talak subsequently and he paid her maintenance for the Iddat period. The petitioner has not married as yet. On the other hand, the opposite party No.2 married and he has four children by his second wife. She has no source of income, on the other hand, opposite party has means to provide maintenance. Under the circumstances, she filed an application for maintenance and that application was allowed ex parte granting maintenance at the rate of Rs.500/-.
(3.) Being aggrieved by such order of maintenance of Rs.500/- only, the wife filed a revision being Criminal Motion No.532 of 2001 and that motion was disposed of by the impugned order by the learned Sessions Judge granting alimony at the rate of Rs.1000/- per month from the date of passing of the order by the learned Chief Judicial Magistrate, that is, with effect from June, 2010. Being aggrieved by such orders, this application has been preferred.;


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