Toufique Uddin, J. - (1.) THIS revision application arose out of order dated 5.4.2012 and 20.4.2012 passed by the learned Additional Chief Judicial Magistrate, Kakdwip, South 24 Paraganas in Misc. Execution Case No. 14 of 2009 arising out of M. Case No. 74 of 1997 under Section 125 of the Code of Criminal Procedure. None appears on behalf of the petitioner or on behalf of O.P. No. 2, The State.
(2.) HEARD the learned counsel for O.P. No. 1. The background of this revision in a nutshell is that the opposite party No. 1 claiming to be the wife of the petitioner filed a case under Section 125 of the Code of Criminal Procedure against the present petitioner for maintenance of herself and for her minor daughter in M. Case No. 74 of 1997.
(3.) THE petitioner contested that the case denying material allegations and taking the plea specially that the wife left his house of her own and she was divorced on 15.1.97 and Talaqnama was sent to her by post. And the petitioner being a day -labourer earns Rs. 600/ - to Rs. 700/ -p.m. But on hearing both sides learned Magistrate by order dated 30.3.2002 allowed the application for maintenance to the extent of Rs. 400/ - in favour of the wife and Rs. 300/ - in favour of the daughter p.m. For non -payment of maintenance for the period from 1.1.2008 to 31.12.2008 an application under Section 125(3) of the Code of Criminal Procedure was filed by the wife/opposite party for total sum of Rs. 8400/ - which gave rise to M. Execution Case No. 14 of 2009.;