Latika Banerjee vs Ajoy @ Bablu Banerjee And Anr on 8 June, 2016
On the other hand, learned counsel for the opposite party no.
1 supported the impugned judgment passed by learned Additional
Sessions Judge, 1st Court, Purulia. He has advanced his arguments
that learned 1st revisional Court rightly dismissed the claim of
petitioner for maintenance allowance as the petitioner has been
voluntarily living away from her husband opposite party no. 1
without sufficient cause. According to him, the petitioner is not
entitled to get maintenance allowance from the opposite party no. 1
in view of the provisions of Section 125 (4), Cr.P.C. In support of
his arguments he cited two decisions of the Hon'ble Supreme Court
of India in the case of Debnarayan Halder Vs. Smt. Anushree
Halder reported in AIR 2003 (SC) 3174 and the case of
Achutananda Baidya Vs. Prafulla Kumar Gain and Others
reported in AIR 1997 (SC) 2077, a judgment of Bombay High Court
in the case of Sangeta Arun Mhasvade Vs. Arun Aba Mhasvade
and Another reported in 1984 Cri.L.J. 1524 and a judgment of
Allahabad High Court in the case of Abul Ahad Vs. Smt. Nasreen
Bano reported in 1994 Cri.L.J. 688.