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28 28 No Maintenance For Erant Women SC PDF
28 28 No Maintenance For Erant Women SC PDF
IN
CASE NO.:
Appeal (crl.)
1059 of 2003
PETITIONER:
Deb Narayan Halder
RESPONDENT:
Vs.
Smt. Anushree Halder
DATE OF JUDGMENT: 26/08/2003
BENCH:
N. SANTOSH HEGDE & B. P.
SINGH.
JUDGMENT:
JUDGMENT
(Arising out of Special Leave Petition (Crl.) No.4047 of 2002)
B.P. SINGH, J.
Leave granted.
The appellant herein is the husband of the respondent.
He has preferred this appeal against the judgment and order
of the High Court of Judicature at Calcutta in CRR No. 973
of 2001 dated 26.11.2001 whereby the High Court while
allowing the Revision Petition preferred by the respondent
directed the appellant to pay a sum of Rs.1500/- per month
by way of maintenance to the respondent and also to pay
costs of Rs.2000/-. While doing so it set aside the order of
the Judicial Magistrate, First Class, Sealdah dated
15.12.2000 passed on the application filed by the respondent
under Section 125 Cr. P.C., in so far as the learned
Magistrate refused the prayer of the respondent for grant of
maintenance to her. The learned Magistrate, however, had
directed the appellant to pay a sum of Rs.1500/- per month
for the maintenance of his son who was residing with the
respondent.
It is not in dispute that the appellant and the
respondent got married on 24th February, 1985. A son was
born to them on 14th January, 1987. They continued to live
together for many years at different places around the city of
Calcutta. On 11th March, 1997, the respondent left her
matrimonial home along with her son and came to reside
with her parents in Calcutta. According to her, she was
tortured over the years by the appellant and ultimately on
11th March, 1997, the appellant forced her to leave her
matrimonial home and threatened her with dire
consequences if she did not do so. For fear of her life and
the life of her son she was compelled to leave the
matrimonial home on that day. Only 4 days later, on 15th
March, 1997, she filed an application under Section 125
Cr.P.C. claiming maintenance for herself and her son.
In her application the respondent alleged that within
15 days of the marriage the appellant started torturing her
both mentally and physically on account of the fact that the
appellant was not satisfied with the meagre dowry brought
by her and also on account of the fact that her appearance
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be accepted."
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