R.P. Gupta, J. - (1.)In the revision petition, the petitioner (husband) of respondent No. 1 challenges Order, dt. 30-4-94 under Sec. 125 Cr. P. C. passed by Judicial Magistrate, First Court, Malda, directing that respondent No. 1, the wife be paid by the husband-petitioner Rs. 400 per month as maintenance and the husband further pays Rs. 200 per month as maintenance for his minor son from the date of filing of the petition under Sec. 125 Cr. P. C. The arrears of maintenance were directed to be paid within two months from the date of the Order. The petition had been filed on 17-11-87.
(2.)The p ies had been married on 7-12-81 according to Hindu rites and customs and they resided at their husband's house in village- Gazola within the area of police station Gazola. A son was born to them on 25th Jan., 1983. The wife had alleged that due to continuous mental and physical torture on her by husband, she had to take refuge in her father's house on 8th Jan., 1985. Ever-since the husband did not take care of her nor provided any maintenance to her. He was urged to be an employee of Tamluk Ghatal, the Central Co-operative Bank Ltd., earning Rs. 2300 per month while wife had no means of livelihood.
(3.)The husband had admitted his employment in Tamul Ghatal, Central Co-operative Bank Ltd., as fourth grade employee as he was only eighth class pass. The wife was allegedly a graduate. The birth of the son is also an admitted fact. The husband had urged that the wife had created differences between them due to her higher education and she tried to humiliate the husband before the locality people and she declared that she would not live with her husband who was only eighth class pass and that she would divorce and marry another person. So, on 18th Jan., 1985, she entirely left the house with her father and did not return to her husband in spite of his repeatedly calling her. The husband urged that he is having a salary of Rs. 778 per month only.
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