A WIFE IS ENTITLED TO GET INTERIM MAINTENANCE FROM HER HUSBAND UNDER SECTION 125 CR. P. C. IF SHE MAKES OUT A PRIMA FACIE CASE FOR INTERIM MAINTENANCE.

( 1 ) THE judgment of the Court was as follows : this revisional application is directed against an order dated 30. 9. 2003 passed by the learned Sub-Divisional Judicial Magistrate, Arambag, hooghly, in Misc. Case No. 109 of 2001 under Section 125 Cr. P. C. whereby the learned Magistrate had rejected the prayer of the petitioner-wife to grant her interim maintenance.

( 2 ) MINATI Dutta, the aggrieved wife, being denied of even an ad-interim maintenance in pursuance of her application under Section 125 Cr. P. C. for regular maintenance, has brought this revision before this Court against her husband Amarnath Dutta @ Jhantu Dutta by name, who is the opposite party here.

( 3 ) IN her application before the learned Magistrate under Section 125 Cr. PC. , it is important here in this context, to note what the petitioner, minati Dutta had positively, specifically and in sufficient details, spelt out in her application under Section 125 Cr. P. C. for maintenance. This may be summed up as under : (I) The petitioner, Minati claimed that she is the wife of the O. P. Amarnath and they were married on 21st Baisakh, 1368 B. S. as per the Hindu Rites and Customs. (ii) The lived as husband and wife at the house of the husband, i. e. the opposite party, sufficiently long and out of their wedlock a male child was born to them on 14th Jaistha, 1369 B. S. , the son's name is Prasanta Dutta. (Hi) After about six years of their marriage, when Prasanta was only five years of age her husband Amarnath had an extra-marital relationship with a woman, Dipali Haider by name. (iv) Subsequently, this Dipali Haider, the other woman, started living with O. P.-Amarnath as his mistress in the house of the opposite party and the wife Minati was subjected to physical and mental torture by them. (v) Subsequently the other woman, Dipali gave birth to two daughters, n'amely, Mousumi and Rinku, who were aged about 32 years and 26 years respectively. (vi) About 14/15 years ago the O. P.-Amarnath forcibly sent wife, minati to her mother's house with the threat that if Minati oppose the ways of Dipali, the mistress, the O. P.-husband would teach her a good lesson by causing extreme harm to the son, Prasanta. (vii) Minati, the wife, had to keep silent for the same of her son, Prasanta, and was regularly getting maintenance from the husband. (viii) Husband Amarnath has since retired and in his pension papers and others, the other woman, Dipali figured as his legally married wife. (ix) Petitioner, Minati filed an application before the service authorities of the opposite party, i. e. her husband and consequent upon this the husband stopped putting maintenance to Minati. (x) The petitioner-wife, Minati claims that she has no income of her own and she is now an old-ailing woman. The opposite party is an able-bodied, retired pension holder and he is also a rich man, earning Rs. 15,000/- per month from all sources including several rooms of his at Arambag which he has let out to tenants. (xi) In support of her case, petitioner, Minati, has filed several documents in proof of her marriage with Amarnath as well as the fact that it was amarnath who had fathered their child, Prasanta, such as election identity card and copy of voters' list showing that minati Dutta is the wife of O. P.-Amarnath Dutta, an affidavit dated 12. 11. 2002 of one Biswanath Dutta, brother of the said Amarnath dutta showing that marriage between Minati and Amarnath took place on 21st Baisakh 1368 B. S. and that Prasanta was the son of amarnath, another affidavit dated 21. 4. 2002 of one Sri Dipak Haider, a full blood brother of Dipali, the other woman, to show that Minati is the legal wife of Amarnath and Dipali is not the legal wife of Amarnath and further that Prasanta is the son of Minati and Amarnath, one ration card dated 17. 10. 87 showing that Minati Dutta is the wife of amarnath Dutta, a certificate of the Councillor of Arambag Municipality dated 25. 12. 2000 showing that Minat