JUDGMENT :

RUMI KUMARI PHUKAN, J.

1. Heard Mr. MH Talukdar, learned counsel for petitioner and Mr. SK Saharia, learned counsel for respondent.

2. This revision is directed against the order of the learned Sessions Judge, Bongaigaon dated 14.07.2010 in Crl. Motion case 11(2)/2009 whereby the order of the learned SDJM(M), North Salmara dated 26.2.2009 in MR case 28/2008 u/s. 125 of the CrPC is set aside and granted Rs. 500/- maintenance per month to be paid by the petitioner.

3. Respondent in her 125-CrPC petition seeking Rs. 2,500 maintenance per month from the petitioner stated that she is the wife of the petitioner and their marriage was solemnized on 24.1.1992 as per the shariat and they lived their conjugal life. She was allegedly tortured physically and mentally after marriage and caused injury to her eye and bearing all this she lived with her husband. Petitioner on 22.4.2008 allegedly demanded Rs. 10,000 from her and beat her up fending for herself whereupon she is living alone. Respondent stated that since 22.4.2008 the petitioner did not see her nor did provide maintenance and has neglected her. Her husband is a mason earning Rs. 10,000 to 15,000 per month.

4. Petitioner in his