JOLLY PAUL Vs. RAM CHANDRA PAUL

JUDGEMENT

(1.) -"We have yet to come across a case of a wife wronged by her husband and a ?????? who had to suffer also at the hand of the Courts. For, while the Trial Magistrate disposed of the matter in a very cursory manner taking a thoroughly untenable and unjust view the High Court has rejected the Revisional Application summarily." Lamented the Hon'ble Mr. Justice M. P. Thakkar speaking for the Division Bench consisting of his Lordship and the Hon'ble Mr. Justice S. Natarajan in Smt. Kuldip Kaur v. Surinder Singh [1989 Supreme Court Cases (Criminal) 171]. Alas practically a decade after the findings of the Hon'ble Mr. Justice M. P. Thakkar has become ruefully true.

(2.) In the instant case I find that having been wronged by her husband, the Petitioner approached the learned Magistrate for maintenance who dismissed her claim and thereafter she approached the learned Lower Revisional Court which also put the stamp of approval on the order of the learned Magistrate. Even before the ink has dried on orders adverse to her in the Courts below perhaps her tears had dried long earlier. She has carried her crusade to this Court against the wrongs suffered by her.

(3.) In 1995 she approached the majestic portals of the learned S.D.J.M., Howrah with a claim of Rs. 1,500/- from the delinquent husband/Opposite Party to keep her body and soul intact as the Machiavellian designs of the person with whom she had tied the nuptial knot in the fateful day of June 5, 1994 had changed the entire horizon of her life. The facts catapulted in her petition under section 125 of the Code of Criminal Procedure (here-in-after referred to as the said Code) are not only horrendous in nature but shocks the sense of even the most insensible man. The errant husband had an extra marital affair with one Dipti Sarkar and the Petitioner was constantly tortured and assaulted in her matrimonial house which soon became a house of horror for her as she was kept confined in a room and when she was about to be handed over to a doctor, treating mental diseases, had no other alternative before her than a compulsive relinquishment of her matrimonial home and sought the safe circuit of the arms of her parents.