Saibal Dey vs Chaitali Dey (Smt.) : 2006 (3) Crimes 515 : 2007 (1) DMC 398 : 2007 (5) RCR (Cri) 105 : 2007 (1) CivCC 798 : 2007 (3) LRC 73 : (2006) 2 CalCriLR 42 : (2007) 1 CrCC 266 (Cal)
Section 125-Maintenance to wife-Ex parte order under s. 125, CrPC granting interim maintenance of rupees three thousand p.m. towards maintenance and rupees ten thousand towards litigation expenses-Challenge to order in revision-Plea that court below simply relied upon oral statement of wife to the effect that husband was earning about rupees forty thousand p.m.-While awarding maintenance ex parte it is the duty of court to give proper reasoning as to why such a fabulous amount of maintenance as well as litigation cost was awarded in favour of wife although there is no substantive evidence in support of claim of income of husband-Impugned order set aside.