ASHIS MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application is directed against the judgment and order dated April 30, 2011 passed by the learned Additional Sessions Judge, 4th Court, Burdwan in Criminal Motion No.102 of 2010 thereby confirming the order dated July 17, 2010 passed by the learned Chief Judicial Magistrate, Burdwan in Misc. Case No.95 of 2010 under Section 125 of the Code of Criminal Procedure, 1973 thereby granting interim maintenance at the rate of Rs.7,000/- per month against the petitioner.

(2.) The petitioner holds the post of Joint B.D.O. under the Government of West Bengal. The marriage between the petitioner and opposite party no.2 is an admitted fact. Admitted that the petitioner gets salary as per observations to the tune of Rs.23,000/- per month and that the opposite party as no source of income.

(3.) Under the circumstances, the learned Chief Judicial Magistrate granted interim maintenance at the rate of Rs.7,000/- per month. Being aggrieved, the husband / petitioner filed a criminal motion and that criminal motion was dismissed on contest. Being aggrieved, this application has been preferred.