Swapan Kisku vs Namita Kisku Tudu & Anr
2023 Latest Caselaw 2486 Cal

12.04.2023 Ct. No.34

KS

C.R.R. 577 of 2021 Swapan Kisku Vs.

Namita Kisku Tudu & Anr.

With C.R.R. 596 of 2022 Smt. Namita Kisku Tudu & Anr.

-Vs.-

Swapan Kisku & Anr.

Mr. Subham Kanti Bhakat .....For the Petitioner (C.R.R. 577 of 2021) Mr. Pawan Kumar Gupta Mr. Sougata Mitra Ms. Sofia Nesar Mr. Santanu Sett Mr. Abhijit Bose ....For the Petitioners (C.R.R. 596 of 2022)

Both the revisional applications being, C.R.R. 577 of 2021 and

C.R.R. 596 of 2022 are disposed of by a common judgment and order

since both the revisional applications arise out of the judgment and

order dated 29.01.2021 passed in Misc. Case No.01/2018 (T.R. No.59/18)

under Section 125 of the Code of Criminal Procedure. The learned

Magistrate on an assessment of the evidence adduced before him was

pleased to award maintenance of Rs.5,000/- to the wife and Rs.4,000/- to

the minor daughter. The foundation of such maintenance award was on

the basis of that the husband happens to be a primary school teacher

and was earning enough for maintaining his wife and the child to the

extent as decided by the learned Magistrate so far as the quantum is

concerned. In another forum the husband/petitioner complained that

the wife on her own accord refused to stay at the matrimonial home

and, as such, she is not entitled to any maintenance. Rebutting such

contention Mr. Gupta, learned advocate appearing on behalf of the wife

submits that the wife was abused after the baby girl child was born and

there were enough reasons for the lady after suffering mental torture for

not staying at the matrimonial home.

Learned advocate appearing for the wife submits that there were

additional circumstances created which compelled her to leave the

matrimonial home and to rely on a stray document or an observation

that she left the matrimonial home on her own accord would go against

the evidence adduced before the learned Magistrate. Be that as it may,

if the husband as expressed by the learned advocate appearing for the

petitioner is willing to take back the wife, it is for the husband to

approach the appropriate civil forum for exercising his right. This

Court while dealing with the provisions of Section 125 of the Code of

Criminal Procedure will not entertain such plea.

Learned advocate appearing for the husband has also contended

that the amount which is left after the maintenance amount is

transferred to the wife and the child is not sufficient for the husband to

maintain himself in view of the expenses which he has to bear at his

working place as also for his ailing parents.

I have considered the contentions advanced by the husband

namely, Swapan Kisku as also the wife, Namita Kisku Tudu. On an

appreciation of the same, I am of the opinion that the judgment and

order so passed by the learned Judicial Magistrate, Purulia in Misc. Case

No.01/2018 do not call for any interference. However, there are

additional circumstances which are being brought to the notice of this

Court and which were never the subject-matter of evidence before the

learned Magistrate in course of trial of the proceedings. In case an

application under Section 127 of the Code of Criminal Procedure is filed

either by the husband or the wife explaining the circumstances which

changed in course of time, the learned Magistrate would take the same

into consideration as also the evidence in support of the same and

would be at liberty to pass his orders as he thinks fit and proper.

With this above observation, the revisional applications being,

C.R.R. 577 of 2021 and C.R.R. 596 of 2022 are disposed of.

Pending applications, if any, are consequently disposed of.

All parties are directed to act on the server copy of this order

downloaded from the official website of this Hon'ble Court.

(Tirthankar Ghosh, J.)