( 1 ) THIS revisional application is directed against the order dated 10. 4. 06 passed by the learned Additional Chief Judicial Magistrate (hereinafter called the ACJM), Barrackpore in connection with Case No. M/195 of 2005 thereby allowing the application under section 125 of the Cr. PC filed by the opposite party (in short the O. P.)/wife and granting her maintenance @ Rs. 1000/- per month for herself and @ Rs. 700/- per month for her minor son and directing the petitioner to pay maintenance from the date of filing of the application under section 125 of the Cr. PC.

( 2 ) MR. Jiban Ratan Chatterjee, the learned Advocate for the petitioner husband submitted that the petitioner does computer repairing job and his income is very meagre. On 18. 4. 05, the 0. P. /wife left the matrimonial home and went away to her father's house. Since then the O. P. did not come back to husband's house in spite of repe ted efforts made by the husband petitioner to take her back. The learned Magistrate who allowed the application under section 125 of Cr. PC did not appreciate the evidence and materials on record and failed to realise that the wife left matrimonial home on her own without any just and

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