M.M. Banerjee, J. - (1.) This criminal revision is directed against the judgment and order dated 09.01.2008 passed by the Ld. Addl. District & Sessions Judge, Fast Track, 1st Court, Haldia in Criminal Revision No. 116 of 2005. It is found that the petitioner Smt. Manjura Khatun @ Manjura Bibi filed an application under Section 125 Cr.P.C. claiming maintenance from the opposite party no.1 Nurul Hasan Khan @ Raju. Simply stated, her case is that her marriage with the opposite party no.1 took place according to Muslim rites on 13th October, 2001. She went to the opposite party's house but was subjected to ill treatment and torture. She made an application on 12.12.2001 to the employer of the opposite party no.1 i.e., Indian Oil Corporation for enlistment of her name as his wife and coming to know the same the torture upon her escalated and she was driven out by the opposite party from his quarters. She has no income of her own and the opposite party never cared for making any provision for her maintenance. It is alleged that she also filed a writ application before this Hon'ble Court on 25.11.2003. The Opposite party on 07.12.2003 took her to his native village Priyanagar (Nandigram Police Station) where she found that the opposite party again married one Benazir Rahaman. Her contention is that she was sent back from Priyanagar to the I.O.C. quarters on 24.12.2003 but her husband, his parents and his second wife drove her out from the quarters on 25.11.2003.
(2.) The opposite party contested the application for maintenance. His contention is that he never married the petitioner and she is not his wife.
(3.) The Ld. Sub-Divisional Judicial Magistrate, Haldia in terms of his order dated 11.05.2005 was pleased to allow the application for maintenance and granted maintenance of Rs.3000/- per month directing the opposite party/husband to go on paying the same. As the application for maintenance was allowed with effect from the date of filing of the same it was directed that the arrear maintenance be liquidated in six equal monthly instalments.;