The court reaffirmed that an able-bodied husband has a legal duty to maintain his wife and children, and maintenance should be based on actual income capacity.

JUDGMENT AND ORDER

Biswajit Palit, J. - Both the revision petitions are of common interest as such both the cases, taken up together for hearing and decision. Accordingly, by a common judgment both the revision petitions are disposed of.

2. Heard Mr. S. Lodh, Learned Counsel for the petitioner in connection with Crl. Rev. P. No.61 of 2023 and also heard Mr. Samarjit Bhattacharjee, Learned Counsel for the respondent-wife. Also heard Learned Addl. P.P., Mr. S. Ghosh for the State. Similarly, in the connected case Crl. Rev. P. No.8 of 2024, heard Mr. Samarjit Bhattacharjee, Learned Counsel for the petitioner-wife, Mr. S. Lodh, Learned Counsel for the respondent-husband.

3. Before conclusion of the case, let us discuss about the subject matter of the dispute amongst the rival parties for which both the revision petitions are filed before the High Court.

The petitioner-wife Shila Rani Ghosh for herself and also on behalf of the minor son Master Anuj Ghosh filed one application under Section 125 of Cr.P.C. for granting of monthly maintenance allowance to the petitioner and the minor son at the rate of Rs.15,000/-(fifteen thousand) per month against her husband.

4. The gist of the petition filed by the petitioner-wife is that her marriage was solemnized with the respondent-husband on 27.01.2005 as per Hindu Marriage Rites and Customs at father's house of the petitioner under Teliamura Police Station. In the marriage, furniture, utensils and gold-made ornaments were given to the opposite party. After the marriage, both the husband and wife resumed conjugal life for a period of 1(one) year peacefully and thereafter their dispute started. The petitioner-wife noticed that her husband was indifferent towards her and also not allowed the petitioner to pay visit to her parents. Not only that he also created pressure upon her for bringing cash amount and articles from her father's house and for trifling matter, her husband used to cause cruelty upon her. On 19.10.2005, the petitioner gave birth of a male baby child namely Anuj Ghosh who is presently pursuing his studies and is reading in Class X and staying with her mother. The petitioner further submitted that she noticed some change of behavior of the respondent but inspite of that she continued to resume conjugal life with her husband. On 25.12.2007, the respondent husband severely assaulted the petitioner-wife for bringing cash amount from her father's house. She refused and after that she came back to the residence of her father along with her minor child. The matter was informed to the well wishers of both the sides and the OP-husband was so adamant that he was not ready to lead a peaceful conjugal life. However, by the intervention of their well wishers, a meeting took place and as per settlement of the meeting, both of them started residing in a rented house at Ganki under Khowai Police Station. Thereafter, after 3-4 years, both returned back to home but the husband of the petitioner did not take care of the petitioner, nor provided anything for treatment as well as maintenance of the petitioner and minor son. Rather, the father-in-law of the petitioner was looking after the petitioner and her son. She further asserted that the respondent made illicit relation with one lady for which he tortured upon the petitioner and the respondent also demanded cash amount from the parental house of the petitioner but the petitioner was not in a position to fulfill the demand. It was further submitted that the petitioner has/had no source of income and her father is not alive and the father-in-law of the petitioner has been maintaining his family along with the petitioner and her minor son with great hardships.

On the other hand, the OP is businessman and his monthly income is more than Rs.30,000/-(rupees thirty thousand only) and having two or three vehicles. The petitioner further submitted that she was subjected to torture for unlawful demand of dowry for which she filed a case at Khowai Police Stati