- (1.) THE revisional application under Section 482 of the Code of Criminal Procedure is directed against the judgment and order dated 3. 3. 2006 passed by the learned Additional Sessions Judge, 2nd Court, Murshidabad in Criminal ' Motion No. 143 of 2005, whereby and whereunder learned Additional Sessions Judge set aside the judgment and order passed by learned Chief Judicial Magistrate, Murshidabad in M. R. Case No. 79 of 2000 granting monthly maintenance of Rs. 1,000/- to the petitioner with effect from 11. 2. 2000, along with the litigation cost of Rs. 200/ -.
(2.) PETITIONER herein filed an application under Section 125 of the Code of Criminal Procedure, stating inter alia that the marriage between petitioner and opposite party was solemnised according to Hindu rites. Petitioner started residing with her husband in the matrimonial house. Opposite party demanded a sum of Rs. 50,000/- from the father of the petitioner and subjected the petitioner to cruelty and torture, when the said demand was not met. The opposite party also developed illicit relationship with another woman and when the petitioner protested, she was assaulted and driven out from her matrimonial house. Opposite party refused and neglected to provide maintenance to the petitioner. Opposite party is a school teacher besides owning landed property. His income is Rs. 6,000/- per month. Petitioner is unable to maintain herself and prayed for an amount of Rs. 1,500/- as maintenance.
(3.) BY way of subsequent amendment it was recited in the application that opposite party has married one Barnali Mondal, daughter of Sudhanshu Mondal and a son named Bappa Mondal is born out of said marriage.;