Madhumati Mitra, J. - (1.) This revisional application has been preferred by Smt. Rekha Chatterjee challenging the judgment and order dated 27.09.2016 passed by learned Additional Chief Judicial Magistrate, Bishnupur in Criminal Misc Case No.26 of 2013 under Section 125 of the Code of Criminal Procedure.
(2.) The present petitioner had filed an application under Section 125 Cr.P.C. before the learned Magistrate claiming maintenance from the opposite party no.2 who is her son. In her application for maintenance under Section 125 Cr.P.C. it has been claimed that she has no independent source of income. She is totally unable to maintain herself. She has to depend on the income of her husband. Petitioner has further claimed that she spent a huge amount for education and welfare of her son i.e. Opposite Party No.2 and due to that, she is now facing acute financial crisis. In her application for maintenance she has specifically stated that her son is a science teacher of a school and his monthly income is Rs.32,000/- (Rupees Thirty Two Thousand) and his wife also earns Rs.15,000/- (Rupees Fifteen Thousand) per month. She had prayed for Rs.10,000/- (Rupees Ten Thousand) per month from her son i.e. O.P.No.2 as her maintenance before the learned Magistrate.
(3.) The prayer for maintenance was opposed by the Opposite Party No.2, the son of the petitioner on several grounds. O.P.No.2 in his written objection specifically stated that he was brought up by his grandmother. Though he has admitted that he is a school teacher, but he has stated that he has to maintain his family and his grandmother who brought him up. He has claimed that her mother has her own source of income from her immovable property at different places and her monthly income is about Rs.25,000/- to Rs.30,000/-. He has also stated that his father retired as S.I. of Excise and he is a pension-holder.;