SUPARNA SAHA (BARDHAN) Vs. SUBHENDU BARDHAN

JUDGEMENT

(1.) Petitioner Smt. Suparna Saha (Bardhan) has, hereby, challenged the judgment and order dtd. 26/2/2021 passed by the Additional Judge, Family Court, Agartala, West Tripura in a proceeding under sec. 125 of the Code of Criminal Procedure, 1973 (Cr.P.C hereunder) denying maintenance allowance to the petitioner on the ground that she was not the legally married wife of the respondent since she married him during the subsistence of her past marriage with one Dulal Chandra Saha.

(2.) The facts relevant for disposal of this criminal revision petition may be stated as under:

(3.) The respondent having received notice from the Family Court appeared and filed written objection denying the claim of the petitioner. He claimed that there was no marriage between them and the certificate of registration of marriage Exbt.2 produced by the petitioner was a forged document. The respondent also claimed that petitioner was actually the legally married wife of Dulal Chandra Saha until their marriage was dissolved by a decree of divorce dtd. 28/5/2016. The respondent asserted that he actually married Smt. Ratna Bardhan Dey on 7/7/1995 and he had been living with said Ratna Bardhan Dey since the date of their marriage and his son named Sraddhendu Bardhan was born to them within their wedlock. According to him, the respondent lodged a false petition under sec. 125 Cr.P.C. with a view to grab money from him.