LAKHI HAZRA Vs. GOPAL HAZRA

JUDGEMENT

(1.) This revisional application is against a judgment and order dated 30.9.1992 passed by the learned Sub-Divisional Judicial Magistrate, Ghatal, Midnapore in Misc Case No. 58/1990 thereby dismissing the petition filed on behalf of the petitioner/wife and her minor daughter under Section 125 of the Code of Criminal Procedure.

(2.) The present petitioner filed an application under Section 125 of the Code of Criminal Procedure before the learned Magistrate claiming maintenance for herself and her minor daughter. In the said application it was stated that on 24th Baisakh 1386 the petitioner got married with the opposite party according to Hindu rites and customs. Some time after marriage she was subjected to torture and ill-treatment by her husband and in-laws both mentally and physically and finally she was driven out of her matrimonial home by the parents of the opposite party along with her minor daughter. She was compelled to take shelter in her father's house. It was also stated that the opposite party/husband having sufficient means to maintain his wife, refused and neglected to maintain the petitioner and her daughter.

(3.) The opposite party/husband appeared and contested the said proceeding under Section 125 of the Code of Criminal Procedure by filing written objection against the petitioner under Section 125, Cr.P.C. thereby denying all the allegations made against him. In her objection petition it was specifically stated that there was no valid marriage and as such the present petitioner is not entitled to get any maintenance. It was the case of the opposite party/husband that at the instance of the present petitioner a proposal for marriage was given to the opposite party, which was refused. Subsequently, at the instance of the petitioner there was exchange of garlands in the month of Ashar, 1392 B.S. and that was ultimately disclosed by the present petitioner to her relatives and on that basis the present petitioner used to come to the house of the opposite party/husband and she used to reside there for 5 to 7 days at a time and thereafter used to leave the house of the opposite party/husband. It was the case of the opposite party/husband that he never resided with the present petitioner as husband and wife. The learned Magistrate after taking evidence was of the view that there was no valid marriage between the parties and the present petitioner failed to prove that she is legally married wife of the opposite party/husband and that she ever resided with the opposite party as husband and wife. In such circumstances the learned Magistrate was of the view that the present petitioner is not entitled to get any maintenance from the opposite party/husband and accordingly he dismissed the petition under Section 125, Cr.P.C.