KANCHAN CHAKRABORTY, J. - (1.) Heard Mr. Chattopadhaya, learned advocate appearing on behalf of the petitioner as well as Mr. Mukherjee, learned advocate for the opposite party.
(2.) The challenge in this revisional application is to the judgment and order dated 29th March, 2010 passed by the Ld. Judicial Magistrate, 2nd Court, Asansol in Misc. Case No. 83/2004( TR No. 59/2004) under section 125 Cr. P. C whereby granting maintenance to the opposite party Nikhat Parveen to the tune of Rs. 3000/- per month. Her husband Sheik Md. Hanif has come up with this application challenging the legality, validity and propriety of the order mainly on the ground that the learned court erred in not taking note of the fact that the opposite party/wife had no sufficient reason to live apart from her husband and that being one of the principal ingredients for a wife in getting maintenance under section 125 Cr. P. C, the ld. court should not have granted maintenance in favour of the wife.
(3.) The marriage of Nikhat Parvee, opposite party herein and Sk. Md. Hanif, the petitioner was solemnized according to the Muslim rites and customs on 04-06-03 at Hazi Nabi Nagar, P. O. Barakar, P. S. Kulti, Dist - Burdwan. It was a negotiated marriage. Den Mohar was fixed at Rs. 5001 and cash amount and other articles were given as dowry in that marriage. After the marriage, the couple started living at village Utra, the matrimonial home of Nikhat Parveen. She was subjected to physical and mental torture on many occasions for demand of more dowry and ultimately she was driven out on 13-08-2003. Since Nikhat Parveen had no income of her own and the petitioner Sk. Md. Hanif neglected and refused to maintain her, she had to file an application under Section 125 Cr. P. C in the court of the Ld. Magistrate, who upon consideration of the evidence recorded by it and upon consideration of the documents placed before it, came to a conclusion that although the opposite party Nikhat Parveen was divorced legally by the petitioner husband, she is entitled to maintenance until she remarried in view of the celebrated decision of the Hon'ble Apex Court in Danial Latifi and Iqbal Bano's case.;