LAWS(CAL)-2000-3-53

DHANANJOY SAMANTA Vs. SABITRI SAMANTA

Decided On March 14, 2000
DHANANJOY SAMANTA Appellant
V/S
SABITRI SAMANTA Respondents

JUDGEMENT

(1.) I did not direct notice to be served upon the respondent since it can be disposed of even without hearing her.

(2.) This is an application under Section 482 of the Criminal Procedure Code for quashing the order passed in Criminal Revision No. 275 of 1998 by the learned Additional Sessions Judge, 4th Court, Midnapore and also the order passed by the learned Sub-Divisional Judicial Magistrate, Tamluk in Misc: Case No. 32 of 1992 in a proceeding under Section 125 of the Code of Criminal Procedure.

(3.) The opposite party is undisputedly the married wife of the petitioner and their marriage was said to have been solemnised on 17.5.1990and out of their lawful wedlock a daughter was born. After some time the relationship of the petitioner and also the opposite party was strained as a reason whereof the opposite party left the matrimonial house and joined her parents' house alongwith the female child. Since the petitioner did not take care of the opposite party so also the daughter, they filed an application under Section 125 of the Code of Criminal Procedure claiming maintenance from the petitioner. At the time of filing application the opposite party claimed maintenance at the rate of Rs.500/-per month for self and Rs. 300/- for their daughter.