SAMIM RAHAMAN Vs. NASIMA KHATUN

JUDGEMENT

(1.) In the instant revision, legality, validity and propriety of the judgment and order passed in Criminal Appeal No.21 of 2017 by the learned Additional Sessions Judge, 3rd Court, Cooch Behar on 23rd July, 2018 affirming the order of interim monetary relief passed in Misc DV Case No.137 of 2016 by the learned Judicial Magistrate, 1st Court at Cooch Behar is under challenge.

(2.) Be it mentioned here that the learned Judicial Magistrate directed the present petitioner to pay interim monetary relief to the opposite party No.1 at the rate of Rs.6000/- per month for his wife and Rs.4000/- per month for the minor child of the parties.

(3.) It is stated by the opposite party/petitioner herein that his marriage with the opposite party No.1 was solemnized under Mohammedan Rights and Customs on 10th November, 2014 and it was duly registered by the Kazi according to the Bengal Mohammedan Marriages and Divorce Registration Act, 1876. It is further stated by the petitioner that before his marriage with opposite party No.1 the petitioner had another marriage and a son who is living and being maintained by the petitioner from his first marriage. The opposite party no.1 knew the said fact of marriage of the petitioner before her marriage and the petitioner contracted marriage with the opposite party No.1 on the assurance that she would take proper care of the minor child of the petitioner like his biological mother. After some days of marriage the petitioner noticed that the opposite party No.1 neglected to look after such minor child of the petitioner who was born through his first marriage. On being asked she clearly stated that she would not be able to look after the said child of the petitioner and left her matrimonial home and started to reside at her paternal home. The opposite party No.1 finally left her matrimonial home on 28th October, 2015. Finding no other alternative the petitioner divorced the opposite party No.1 by pronouncing 3 talak on 22nd November, 2015 in presence of witnesses. The said dissolution of marriage was duly registered on the same day before the Muslim Marriage Registrar and Kazi office Mathabhanga, Cooch Behar. A copy of the registered Talaknama was duly sent to the opposite party No.1.