REAZUDDIN SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE challenge in this revisional application is to the judgment and order dated 31st January, 2004 passed by the learned Sub-Divisional Judicial Magistrate, Berhampore, Murshidabad in M.R. Case No. 100 of 1999 (T.R. 74 of 1999).

(2.) THE petitioner, the husband of the opposite party no. 2, Janera Bibi, has come up with this revisional application challenging the legality, validity and propriety of the order passed by the learned Sub-Divisional Judicial Magistrate, Berhampore, Murshidabad, in the aforementioned case granting maintenance under Section 125 of the Code of Criminal Procedure to the tune of Rs.750/- per month in favour of the wife/opposite party, on the following grounds:

(3.) ON careful scrutiny of the record it appears that the fact that there was no marriage between the petitioner and the opposite party has been established satisfactorily. ON the contrary, the Kabilnama, which was admitted into evidence and marked exhibit without objection together with the evidence of the Moulavi who conducted the marriage between the parties appear to be convincing and, no doubt, supports the case of the opposite party. I find that the learned Trial Court carefully dealt with the matter and considered that point from all possible angles and finally came to a conclusion that the Kabilnama as well as evidence of Moulavi altogether established the fact that there was marriage between the petitioner and the opposite party. In fact, this Court also is not ready to accept the plea taken by the petitioner herein that he was forced to sign the Kabilnama. The evidence adduced on behalf of the petitioner in the learned Trial Court, do not also support that fact sufficiently and satisfactorily.