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2001 DIGILAW 150 (CAL)

SK. HARUN RASID v. MST. MAHERA KHATUN

2001-03-16

NURE ALAM CHOWDHURY

body2001
NURE ALAM CHOWDHURY, J. ( 1 ) THIS application under Section 401 read with Section 482 of the Code of Criminal Procedure on behalf of the petitioner-husband is directed against the judgment and order dated 16. 9. 1999 passed by the learned Judicial Magistrate, 2nd Court, Chandannagore, Hooghly in Misc. Case No. 34 of 1997 (T. R. Case No. 52 of 1997), directing the petitioner-husband to pay monthly maintenance allowance under Section 125 of the Code of Criminal Procedure to the wife-opposite party at the rate of Rs. 500/- for the wife and Rs. 300/- for her daughter from the date of filing of the case to be payable by the last day of each succeeding month according to English Calender month,, and directing further the payment of arrears of maintenance by way of 24 equal monthly instalments failing which, the wife-opposite party shall be at liberty to recover the entire arrear maintenance through Court in accordance with law. Heard the learned Advocates for the parties. Perused the materials on record. ( 2 ) LEARNED Advocate appearing on behalf of the petitioner-husband mainly contended that the petitioner had given valid Talak to his wife and the Talaknama was duly registered and the factum of Talak was duly communicated to the wife-opposite party and as such the wife-opposite party as well as their daughter are not entitled to maintenance under Section 125 of the Code of Criminal Procedure. ( 3 ) LEARNED Advocate appearing on behalf of the wife-opposite party supported the impugned judgment of the learned Magistrate and further submitted that this Court in its revisional jurisdiction should not interfere with the findings of fact of the learned Magistrate unless it is perverse or unreasonable. ( 4 ) CONSIDERING the respective submissions of the respective parties and the materials on record, this Court finds that the marriage between the parties was solemnised on 12. 3. 1995 under the Muslim Law and the wife-opposite party was driven away from her matrimonial home on 29. 3. 1997 i. e. about two years after marriage with her daughter born out of the wedlock. There are allegations of cruelty perpetrated on her during those two years in her matrimonial home. It also appears that the petitioner-husband has a two-storeyed house and landed properties and earning of about Rs. 5,000/- per month. 3. 1997 i. e. about two years after marriage with her daughter born out of the wedlock. There are allegations of cruelty perpetrated on her during those two years in her matrimonial home. It also appears that the petitioner-husband has a two-storeyed house and landed properties and earning of about Rs. 5,000/- per month. ( 5 ) IN the context of the aforesaid materials on record this Court does not find any justifiable ground to interfere with the impugned judgment of the learned Magistrate. ( 6 ) THE revisional application, heard as a "contested application", therefore, fails and stands disposed of and the interim order of "stay" passed by this Court on the revisional application stands vacated. There will be no order as to costs.