GB C.R.R. 1678 of 2006
In the matter of: Smt. Nilima Mondal.
None appears for the parties.
No accommodation is sought for.
The revisional application relates to an order dated
12.09.2003 passed by the learned Sub-Divisional Judicial
Magistrate, Bonga, North 24 Parganas wherein the petitioner
was denied any maintenance from her husband.
I have perused the impugned judgment and order
passed in Misc. Case No.70 of 2002 wherein the learned
Magistrate concentrated his foundation of facts on the truth or
falsity of torture inflicted by the inmates of the matrimonial
home or not.
I find that the learned Magistrate failed to take into
consideration the basic requirements for granting maintenance
and the evidence required for convicting or acquitting an
accused under Section 498A of the Indian Penal Code. The
order under challenge requires re-consideration on the facts,
more particularly, in a case where a marriage has been
admitted by both the parties and the husband has been
earning. The refusal to award maintenance is against the basic
spirit of the legislation incorporating the provision of Section
125 of the Code of Criminal Procedure within the ambit of the
Code of Criminal Procedure.
From the aforesaid observation of this Court, I set aside
the order dated 12.09.2003 passed by the learned Sub-
Divisional Judicial Magistrate, Bonga, North 24 Parganas and
direct him to re-consider the evidence so placed before the
The revisional application, as such, is allowed.
However, the learned Magistrate may be at liberty to
take into account if the wife/petitioner prefers a fresh
application under Section 125 of the Code of Criminal
Procedure and re-appreciate the evidence in support of such
application in accordance with the provision of law and arrive
at his independent finding irrespective of any observations
made by this Court.
With the aforesaid observations, C.R.R. 1678 of 2006 is
(Tirthankar Ghosh, J.)