JUDGMENT :

(Shampa Dutt (Paul), J.)

The present revision is against an order dated 12.02.2019 passed by the Learned Judicial Magistrate, 2nd Court at Barrackpore, District - North 24 Parganas in connection with M-479 of 2017 under Section 125 of the Code of Criminal Procedure, 1973.

2. The parties were married on 09.08.2006. They have a daughter who is now aged about 9 years. It is the case of the petitioner that she was inflicted with mental and physical torture immediately after her marriage. The opposite party joined the Air force leaving behind the petitioner and their daughter alone. It is stated that the parties did not live together after few days of marriage as the opposite party/husband left to join the Air force.

3. Further case of the petitioner is that on 15.05.2017 the opposite party deserted the petitioner and their daughter and started living alone.

4. It is stated that the opposite party gets a pension of Rs.18000/- from his service in the Air force and presently he earns Rs.40,000/- in addition by working in bank.

5. The petitioner had the filed an application under Section 125 of the Cr.P.C. praying for maintenance of Rs.20,000/- for self and Rs.5000/- for their daughter.

6. The opposite party's case before the Learned Magistrate was that all the allegations made by the petitioner is false. The petitioner left her matrimonial home on her own will. It is further stated that admittedly he was an employee of the Indian Air force but his pension has been blocked due to the complaint made by the petitioner to the authorities.

7. Documents relating to the school fees (book) of the minor child and other documents relating to the opposite party's salary slip, returned money order, tenancy agreement and investment slips were filed before the Learned Magistrate.

8. The Learned Magistrate held that a husband is bound to maintain his wife and family. The Magistrate further held that the object of the said provision of law is to prevent vagrancy and destitution. Finally the magistrate came to the finding that the opposite parties income was a sum of Rs.24,494.28/- per month after all deductions and granted a sum of Rs.4000/- per months as maintenance to the petitioner/wife and Rs.3000/- as maintenance per month to their minor daughter.

9. Hence this revision.

10. Mr.Kamalesh Saha Learned Advocate for the petitioner has submitted that the petitioner/wife has no source of income and also has a minor daughter to maintain. The trial court did not apply his judicial mind nor consider the documents in accordance with law and thus passed an order, which is to be modified and the amount of maintenance granted is to be enhanced for ends of justice. The amount granted being insufficient for the maintenance of the petitioner and her daughter, should be enhanced so that they can live a life befitting the status of the opposite party.

11. Mr.Arnab Chatterjee, learned counsel for the opposite party has submitted that the petitioner left her matrimonial home on her own as she did not want to live her conjugal life with the opposite party. The pension of the opposite party from the Indian Air force has been blocked because of the complaint filed by the petitioner with the Air Force Authorities. As such the present income of the opposite party is so less that he somehow maintains himself and his other responsibilities being his parents and other family members. It is difficult for him to maintain a separate establishment for his wife and child who are not willing to live with him. The opposite party is still willing to live with the petitioner and his child and lead a happy family life, but the petitioner is not happy with the life that he is able to provide. The counsel for the opposite party has thus prayed that the revisional application be dismissed.

12. Considering the materials on record, the submissions of the Learned Counsels for both sides and the order of the Learned Magistrate granting interim maintenance, it is found that admittedly th