MALAY KUMAR BASU, J.

( 1 ) THIS revisional application is directed against the judgment and order dated 12. 2. 2002 passed by the learned S. D. J. M. Serampore in Misc. Case No. 297/99 (T. R. 52/2000) under section 125 Cr. P. C. The petitioner sm. Gita Das filed a petition under section 125 Cr. P. C. before the Court below on the allegations as follows. She was the married wife of the O. P. Sri Tapas kr. Das who married her according to Hindu Rites on 11th July, 1995 and since after the marriage the petitioner went on living with the O. P. as husband-wife and out of that wedlock one male child was born. But the O. P. was a cruel man and he started torturing to the petitioner both physically and mentally and also by stopping supply of food to her and compelling her to beg. Ultimately on 23rd June, 1999 she was driven out from her matrimonial home along with her baby by the O. P. and at that time her wearing apparels also were snatched away. Moreover, she was compelled by the O. P. to write a chit and wrote on it that she was leaving this house as there was no other alternative left to her for saving her and her child's life. After being so driven out she took shelter in a neighbouring house and begged a peace of cloth and also a sum of Rs. 50/- from that neighbour and on the next morning she took shelter at Ramkrishna Mission house at Barrackpur. From there she informed her parents over phone for taking her and her child from that place and on the basis of such information her elder sister came there and took them to her parents house at Boral. Later, she received a summons from the Court of a divorce suit filed by her husband and she then went to her husband's house to persuade him to withdraw the said suit but at that time she was assaulted by her husband and her 'bhasur'. She then lodged a complaint before the local police station and a criminal case under section 498a IPC was started against the husband and his elder brother and in that suit police submitted chargesheet against the accused persons. In connection with the said divorce suit she appeared before the Court of District Judge, hooghly (MAT Suit No. 411/99) and contested the same and filed a petition for alimony pendente lite under section 24 of the Hindu Marriage Act and the Id. Judge awarded interim maintenance on 1. 8. 2000 at the rate of Rs. 800/- per month for herself and Rs. 400/- per month for the child and also awarded a sum of Rs. 1000/- at lump towards litigation cost. The O. P. husband is an employee of Birla Technical Services and draws a salary of Rs. 7000/- per month and besides that he has also landed properties and he has let out 12 (twelve) shop rooms and has been running a business of building materials at Serampore. The petitioner-wife under all these circumstances filed this petition under section 125 Cr. P. C. claiming maintenance of Rs. 1500/- for herself and also Rs. 1500/-for her son. The Id. Magistrate by the impugned order has awarded a sum of rs. 1000/- only by way of maintenance of the child but he has refused to award any maintenance in favour of herself. Since she has no independent source of income and has been passing her days with great hardship being a dependent of her father she has been aggrieved by that order of the Id. Magistrate she has preferred this revisional application challenging that order as erroneous and unjustified.

( 2 ) THE point for determination in this revisional application is whether the impugned findings of the Id. Magistrate are illegal, improper or unjustified. In order to render herself as entitled to get maintenance from the husband the petitioner-wife has to prove that (1) she is the legally married wife, (2) the husband has neglected or refused to maintain her, (3) she has no independent source of income and (4) the husband has sufficient means to maintain her. In the present case the petitioner is admittedly the legally married wife of the o. P. So the next question is whether the petitioner has been

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