LAB BHATTACHARJEE Vs. RUMA CHAKRABORTY

JUDGEMENT

(1.) BY means of this petition, the petitioner herein after referred to as the husband, has challenged the order dated 12.07.2006 passed by the learned Family Judge, Agartala, whereby he dismissed the application filed by the wife petitioner under Section 125(5) Cr.P.C.

(2.) THE undisputed facts, are that the petitioner husband was married to the respondent wife. According to the wife they were married in the year 1998 but according to the husband they were married in the year 1993 and further according to the husband they lived together only for fifteen days and, thereafter, the wife had left her husband 's house without any rhyme or reason.

(3.) THE learned Family Judge held and rightly so that since the order dated 18.01.2006 had attained finality and it had been held that the petitioner husband had driven his wife outside his home due to physical and mental torture, this matter could not be reopened under Section 125(5) Cr.P.C. which reads as follows :