ASHIM KUMAR ROY, J. - (1.) THE subject matter of challenge in this criminal revisional application is an order whereby the learned Chief Judicial Magistrate, Malda directed the petitioner to pay interim maintenance to the wife - opposite party @ Rs.4,000/ - per month for herself and Rs.2000/ - per month for the minor daughter.
(2.) THE learned advocate for the petitioner vehemently contended that the learned Magistrate passed the impugned order without any application of mind and considering the contention of the petitioner. He further submitted that this order is not supported by reasons. He also draws my attention to the copy of the income -tax return of the wife/opposite party to show that she has sufficient income. I am not going to accept the first contention of the petitioner that the order impugned is totally unreasonable and the learned Magistrate without considering the case of the petitioner passed the said order because the order itself shows otherwise.
(3.) IN this regard it would be apposite to refer the relevant part of the order impugned. Which is quoted below: - " After due considering the instant petition and its written objection petition together with the submission as made by Learned Advocate for both sides, it appears that there is no dispute about the solemnization of marriage between the parties and birth of the minor daughter. It is admitted facts that the petitioner is residing in her father's house and the opposite party did not provide any maintenance allowance to the petitioner and her minor daughter. Whether the petitioner has her own business or any other source of income to maintain herself and her minor daughter or not and the opposite party earns Rs.1,40,000/ - per month from his service, business etc., or an unemployed person and their marriage was dissolve by Talak or not is a matter of evidence and all the aforesaid matter will be decided at the time of final hearing of the case. At this stage, this court is of opinion that, as per procedure of law the opposite party cannot deny to pay any maintenance allowance to the petitioner and her minor daughter. ;