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2022 Supreme(Cal) 490

JAY SENGUPTA
Shreepurna Lahiri – Appellant
Versus
Kallol Chatterjee – Respondent


Advocates appeared:
Mr. Sanat Kr. Das, Mr. Sujan Chatterjee, Mr. Satadru Lahiri Advocates, for the Appellant

JUDGMENT

Jay Sengupta, J. - This is an application challenging an order dated 24.03.2017 passed by the Learned Judicial Magistrate, 2nd Court, Malda in Case No. 205M/2015 under Section 125 of the Code of Criminal Procedure.

2. The petitioners are the wife and the minor daughter of the opposite party. The petitioner no. 1 and the opposite party got married in the year 2005. The marriage was solemnized under the Special Marriage Act. A female child, being the petitioner no. 2, was born of such wedlock. The opposite party and the other in-laws allegedly subjected the petitioner no. 1 to physical and mental cruelty for dowry demand and finally on 05.10.2012, she and her child were purportedly driven out from the matrimonial home. The petitioner no. 1 filed the criminal case against the opposite party, inter alia, under Section 498A of the Penal Code. On 06.06.2015, the petitioner no. 1 filed an application under Section 125 of the Code claiming maintenance allowances at the rate of Rs. 20,000/- per month for herself and Rs. 15,000/- per month for her minor child. She claimed that the husband was earning about Rs. 1 lakh per month from his service while she had no independent income. Alth

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