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IN THE HIGH COURT OF CALCUTTA
Ajoy Kumar Mukherjee, J.
Minakshi Bhowmik Nee Naskar - Appellant
Versus
Purandar Bhowmik - Respondent
C.R.R. 3558 of 2019
Decided On : 22-07-2022
Maintenance - Code of Criminal Procedure - Section 125 - [125 of the code of criminal procedure] - The court awarded interim maintenance to the petitioner at the rate of Rs. 6,000 per month from the date of the order, modifying the previous order of Rs. 1,500 per month. The court considered the income and liabilities of both parties and the medical needs of the petitioner, a cancer patient, in determining the maintenance amount. The court emphasized the legal obligation of the husband to support his wife and the aim of the maintenance provisions to prevent vagrancy and destitution.
Fact of the Case:
The petitioner filed for interim maintenance under Section 125 of the Code of Criminal Procedure, alleging neglect and refusal to maintain her by the opposite party. The trial court granted interim maintenance at the rate of Rs. 1,500 per month, which was challenged in the revisional application.
Finding of the Court:
The court found that the petitioner, a cancer patient, faced financial hardship and medical expenses, while the opposite party had substantial income and liabilities. The court modified the maintenance amount to Rs. 6,000 per month, considering the legal obligation of the husband to support his wife and prevent destitution.
Issues: The main issue was the determination of the interim maintenance amount under Section 125 of the Code of Criminal Procedure, considering the financial circumstances and medical needs of the parties.
Ratio Decidendi: The court emphasized the legal obligation of the husband to support his wife and prevent destitution, considering the aim of the maintenance provisions to prevent vagrancy and destitution. The court also considered the income and liabilities of both parties in determining the maintenance amount.
Final Decision: The court disposed of the revisional application by modifying the interim maintenance amount to Rs. 6,000 per month from the date of the order, emphasizing the legal obligation of the husband to support his wife and prevent destitution. The court also requested expedited final hearing of the maintenance proceeding.
JUDGMENT
Ajoy Kumar Mukherjee, J. - The present revisional application has been filed for setting aside the order dated 24th June, 2019 passed by the learned Additional Chief Judicial Magistrate, First Court at Baruipur, South 24 Parganas in a proceeding under section 125 of the code of criminal procedure being Miscellaneous Case No.267 of 2015. By the impugned order, the learned trial court was pleased to grant interim maintenance to the petitioner herein at the rate of Rs.1,500/- per month in favour of petitioner herein from the date of the order, that is, 24.06.2019.
2. The petitioner herein Smt. Minakshi Bhowmik nee Naskar filed an application under Section 125 of the Code of Criminal Procedure being Miscellaneous Case No.267 of 2015 before the learned Additional Chief Judicial Magistrate at Baruipur against the opposite party Purandar Bhowmik. In the said proceeding, the petitioner Minakshi filed an application for interim maintenance contending that she was married with the opposite party Purandar on 10.01.2001 according to the Hindu Rites and Customs and the said marriage was registered under the Hindu Marriage Act on 10.01.2001.
After marriage, the petitioner-wife started to live with the opposite party at her matrimonial home but thereafter the petitioner gradually realized that the conduct of her husband is suspicious and on inquiry, she came to know that the opposite party took huge quantity of loans from the nearby shop owners and on being asked, he could not justify properly for taking such huge loans.
Practically, the family expenditure was maintained from the earning of private tuition of the present petitioner. The opposite party in the meantime had developed an illicit relationship with a married lady, namely, Rama Hajra. In the year 2010, the opposite party was appointed as a school teacher in Binpur Noada Primary School and his starting salary was of Rs.15,000/- per month and he is still continuing with the job but the opposite party does not bother to maintain his wife. Except monthly salary, he also earns as a teacher of art and painting and his monthly income is approximately Rs.35,000/- at the time of filing said ad interim maintenance application. On 07.10.2010, the opposite party had driven the petitioner from her matrimonial home and finding no other alternative, she had taken shelter at her father's house. Accordingly, the petitioner prayed for monthly maintenance of Rs.15,000/- per month pending the hearing of the main application under Section 125 of the Code of Criminal Procedure.
3. The opposite party-husband filed objection against the petitioner's prayer for ad interim maintenance. The opposite party-husband has not denied or disputed the fact of marriage but he denied other allegations made in the maintenance application. Even in the objection petition, the opposite party denied that he refused or neglected to maintain his wife and he also denied that his total earning per month was Rs.35,000/-. According to opposite party at the time of marriage, the petitioner had sufficient income from private tuition but at that time the opposite party was jobless. The objector further stated that the petitioner without any rhyme or reason left her matrimonial home on 17.01.2013 and on 20.01.2013, the petitioner lodged a false complaint to the Binpur Police Station against the opposite party and his parents stating false and baseless allegations. The opposite party further submitted that the petitioner is a qualified lady and now working at the office of the Child Development Officer, Sonarpur ICDS Project, South 24 Parganas under Government of West Bengal, having a handsome salary of Rs.5,000/- per month and she has also earning from tuition. On the contrary, the opposite party, being a primary school teacher, earns Rs.19,000/- per month but he has to deposit Rs.12,605/- per month to Binpur-I Circle Primary Teachers' Co- operative Society Ltd. for repayment of loans, which he took for the treatment of his moth
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