Kumar Sankar Chakraborty vs Juthika Chakraborty : (1996) 3 Crimes 342 : 1996 (2) DMC 2 : (1996) 1HLR 498 : (1996) 2 AICLR 459 : (1996) 2 CalLJ 502 : (1996) 3 CCR 98 : 1996 LRC Online 10 (Call)
Section 125 -Grant of maintenance-Revision-Cruelty to opposite party not alleged by prosecution witness-Only complain of brother-in-law of petitioner that the petitioner did not send any money at the time when opposite party was confined in the nursing home-Even if the petitioner fails to pay the treatment charges to his brother-in-law, then the brother-in-law can claim that amount from the petitioner-Questioning of neglect does not arise-Opposite party is living in Calcutta on her own without any just cause-Magistrate was not justified in awarding maintenance to the opposite party-Impugned order set aside-Petition allowed.