JAY SENGUPTA, J. - (1.)This is an application challenging an order dated 07.07.2017 passed by the learned Judicial Magistrate, Amta, Howrah in Misc. Case No. 01 of 2010 under Section 125 of the Code, thereby directing the petitioner/husband to pay monthly maintenance allowance at the rate of Rs. 3,000/- (Rupees Three Thousand only) each to the opposite party no. 1/wife and the minor daughter, payable from the date of order.
(2.)It appears that in the present case the marriage was solemnized on 07.11.2004. Dowry and gifts were allegedly given on such occasion. Subsequently, a daughter was born to the couple. The wife alleged that the husband thereafter demanded more money and started inflicting mental and physical torture on her. As the dowry was not provided, the torture increased. According to the wife, on 12.12.2009 the husband and his family members drove out the opposite party no.1/wife and the daughter from their house after taking away all the belongings. A complaint was lodged at the local Police Station. It was alleged by the wife that the husband was a government employee working at Joypur BDO and his monthly salary was at least 15,000/- (Rupees Fifteen Thousand only). On the other hand, she did not have any independent income to sustain her and her daughter.
(3.)The learned counsel appearing on behalf of the petitioner/husband submits as follows. The husband never neglected or tortured his wife. Even today he is ready and willing to take back the wife and the child. In 2010 the husband had filed a written objection stating that his monthly salary was about Rs. 10,000/- (Rupees Ten Thousand only). It is the further case of the husband that he was not properly heard.