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2002 Supreme(Cal) 591

MALAY KUMAR BASU
ASIT BARAN MUKHERJEE – Appellant
Versus
FULESWARI MUKHERJEE – Respondent


Advocates Appeared:
LAXMINATH BHATTACHARJI, Subhrajit Basu

MALAY KUMAR BASU, J.

( 1 ) THIS revisional application is directed against the order dated 27th November, 2001 passed by the learned Additional Sessions Judge, 2nd Court, Alipore in Criminal Motion No. 267 of 2001 of his court. By this order the learned Additional Sessions Judge affirmed the order under revision passed by the learned Judicial Magistrate, 2nd Court, Diamond Harbour in Misc. Case No. 225 of 1992 under Section 125 of Cr. P. C. The wife, Smt. Fuleswari Mukherjee filed that application under Section 125 of Cr. P. C. claiming maintenance from the husband on the ground that the latter neglected to maintain her and she having no independent source of income was passing her days with great hardship along with a child at the house of her father.

( 2 ) DURING trial of the case the petitioner-wife examined herself and her witnesses but the opposite party-husband did not adduce any evidence, although at the time of the argument he was present and advanced his argument. After considering the materials on record and hearing the arguments of both sides, the learned Magistrate allowed the petition of the wife and awarded, a sum of Rs. 1000/- in all (Rs. 500/- for the wife herself








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