Hon'ble Mr. Justice A.C. Upadhyay

1. By filing this revision application under Section 397 CrPC read with Section 482 CrPC, the petitioner has put on challenge the judgment and order dated 1.12.2010, passed by the learned Addl. Chief Judicial Magistrate, Kokrajhar in Case No.61 m/10, under Section 125 CrPC, whereby the petitioner was directed to pay a sum of Rs. 4,000/- for the respondent-wife and Rs. 2,000/- for the minor child as monthly maintenance allowances w.e.f. 1.6.2010 until further order. Heard Mr. J. Ahmed, learned counsel appearing for the petitioner and Mr. D.C.C. Phukan, learned counsel appearing for the respondent.

2. The facts leading to the filing of this revision application may be summarized as follows -

The petitioner, got married with the opposite party-wife, an educated lady, on 7.11.2004, as per Islamic shariat and started living together peacefully as husband and wife. During their conjugal life, a male child was born, named Arjan Islam. However, after six (6) months of their marriage, the petitioner-husband started torturing the second party-wife, physically and mentally, by demanding dowry from her parents. The petitioner also had the habit of taking wine and used to have extramarital relationship with girls and when the respondent-wife raised objection to the misdeeds, she was driven away the by assaulting her. However, the respondent-wife thinking about the future of the child ignored all kinds of torture meted out to her by the petitioner-husband. However, subsequently, the petitioner-husband started to pressurize the respondent-wife to bring a sum of Rs. 5,00,000/- from her father. When the respondent-wife informed the petitioner that her father would not be able to met the demand of huge amount of money, the petitioner drove her out from the house along with the minor child and also threatened her with dire consequences that if she failed to bring the money he would marry another girl. The petitioner having no alternative took shelter in the house of her parents and since then she has been living with her parents. Though several attempts were made for amicable settlement of the dispute, everything went in vain. The petitioner is dealing in coal business and also having cultivable land and RCC house and earns Rs. 18,000/- to Rs. 20,000/- from various sources.

3. The petitioner-husband entered appearance before the trial Court by filing written statement denying all the allegations made in the complaint. The petitioner-husband took the stand that on 10.1.2010, a meeting was convened for settling the dispute between the husband and the wife. It has been alleged by the petitioner-husband in the written statement that the respondent-wife took away a cash amount of Rs. 40,000/- and 5 Bon's of gold with her. On the next date, when the petitioner visited the residence of the parents of wife-respondent, but according to the petitioner, the parents of the respondent -wife demanded Rs. 5,00,000/- from the petitioner. On the basis of the pleadings of the parties, the following points for determination were chalked out for just decision of the case by the learned trial Court..

a) Is the 1st party legally married of the 2nd party.

b) Is the child in question the legitimate or illegitimate child of the 2nd party.

c) Is the 1st party unable to maintain herself and her minor child.

d) Is the 2nd party refusing or neglecting having sufficient means to provide maintenance to the 1st party for her and her minor child.

e) Is the 1sy party entitled to get monthly separate maintenance for herself and her child? If so, what would be suitable quantum.

4. On careful perusal of the materials on record and the submissions advanced by the learned counsel for the parties, I find that it is not disputed that the 2nd party-respondent is the lawfully married wife of the petitioner-husband. It is also not disputed that the minor child named Arjan Islam was born to the parties and he is the legitimate minor child of the petitioner.