JUDGMENT

B.P. Singh, J.-Leave granted.

2. The appellant herein is the husband of the respondent He has preferred this appeal against the judgment and order of the High Court of Judicature at Calcutta in CRR No. 973 of 2001 dated 26.11.2001 whereby the High Court while allowing the Revision Petition preferred by the respondent directed the appellant to pay a sum of Rs. 1500/- per month by way of maintenance to the respondent and also to pay costs of Rs.2000/-. While doing so it set aside the order of the Judicial Magistrate, First Class, Sealdah dated 15.12.2000 passed on the application filed by the respondent under Section 125 Cr.P.C., in so far as the learned Magistrate refused the prayer of the respondent for grant of maintenance to her. The learned Magistrate, however, had directed the appellant to pay a sum of Rs.1500/- per month for the maintenance of his son who was residing with the respondent.

3. It is not in dispute that the appellant and the respondent got married on 24th February, 1985. A son was born to them on 14th January, 1987. They continued to live together for many years at different places around the city of Calcutta. On 11th March, 1997, the respondent left her