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Judgments of Supreme Court of India and High Courts

Smt. Nilima Mondal vs Unknown on 8 July, 2019

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53 08.07.2019

GB C.R.R. 1678 of 2006
Court
No.34

In the matter of: Smt. Nilima Mondal.

….Petitioner.

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-
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Divisional Judicial Magistrate, Bonga, North 24 Parganas and

direct him to re-consider the evidence so placed before the

Court.

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

disposed of.

(Tirthankar Ghosh, J.)

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