SARAT BOURI Vs. STATE

JUDGEMENT

(1.) In this Criminal Revision the petitioner/husband has sought to challenge the judgment and Order dated 5.1.2008 passed by the learned Judicial Magistrate, 2nd Court, Asansol in Misc. Case No. 33/ 2002 under section 125 of the Code of Criminal Procedure.

(2.) The petitioner/husband has contended inter alia in this Revisional Application that their marriage was solemnized in accordance with the Hindu religious rites and customs in the year 1985 and both of them led their conjugal lives for a considerable period of time and out of the said wedlock one daughter and two sons were born. According to the Revisionist, his wife being a lady of aggressive nature and of promiscuous habits left her matrimonial home leaving behind her sons and daughter in the year 1993 and started living with another person. Despite several attempts to bring her back to his house, the wife refused to return to her matrimonial home and also to look after their children. She even threatened to implicate him in a criminal case. Because of his wife's willful absence their children could not even properly be taken care of during their childhood. All of them are still being deprived of motherly affection in their upbringing. She also did not care to take information about her children even during their serious illness.

(3.) She, however, subsequently filed the Misc. Case No. 33 of 2002 under section 125 Cr PC claiming maintenance for her on the allegation of ill-treatment, torture and assault.