BAIDHYANATH GHOSH Vs. SHEFALI GHOSH

JUDGEMENT

(1.) THIS is a Rule issued at the instance of one Baidya Nath Ghose against an order under Section 488, Cri.P.C. by which he has been ordered by the learned Magistrate t0 pay maintenance of Rs. 30/ - per month to the opposite party No. 1 Sbefali Ghose and Rs. 20/ - per month to each of her four minor children opposite parties Nos. 2 to 5 with effect from 19th December, 1958.

(2.) THE allegation made lay opposite party No. 1 Shefali Ghose in her application under Section 488, Cri.P.C. was that she had lost her father in her infancy and lived in the house of her maternal uncle in a village at Tiperan, while her mother was working in the house of Baidya Nath Ghose at Calcutta as a cook at his residence in Mahesh Dutta Lane, Chetla. Her maternal uncle Surendra Nath Dey, (P.W. 2) brought her to his residence at Pathuriaghata in Calcutta when she was about 17 years old. While living there Sliefali used to go to the house of Baidya Nath Ghose to see her mother and an intimacy grew between them leading to a situation that impelled Baidya Nath Ghose to make a proposal of marriage between Shefali and Baidya Nath. As Baidya Nath had a wife and children at first Shefali's mother and maternal uncle rejected the proposal but subsequently it was accepted on assurance that Shefali would be maintained well. In pursuance of that proposal it was alleged that the marriage took place on 21st January, J.942 at No. 3, Kali Krishna Thakur Street between Baidya Nath, Ghose and Shefali. After some time Baidya Nath took Shefali to a three roomed fiat in the second floor of 4B, Ashutosh Mukherjee Road which was taken on rent by Baidya Nath and Shefali and her mother lived there. At about that time Baidya Nath Ghose had shifted his family to Jessore due to the apprehension of Japanese attack on Calcutta and he also lived in the house at 4R, Ashutosh Mukherjee Road. It was further alleged that five children were born to Shefali and they were all begotten by Baidya Nath Ghose and they were all maintatined by Baidya Nath until April 1958 when Baidya Nath retired from his service at Statesman Office where he was Chief Clerk. After his retirement Baidya Nath ceased to maintain Shefali and her children. She went to the Palm Avenue residence of Baidya Nath for maintenance but she was insulted and driven out. So she has been compelled to make tile application under Section 488 Cr.P.C. for maintenance for herself and her four minor children. The eldest daughter is in employment as a nurse and no maintenance has been claimed for her.

(3.) BAIDYA Nath Ghose denied that there was any marriage between him and Shefali or they Lived as husband and wife at 4B Ashutosh Mukherjee Road. He also resisted the application under Section 488 Cr.P.C. by setting up a positive story that the name of the applicant is not Shefali but Nanda Rani and she hails from Banares. He admitted that the mother of the petitioner was a cook in his house. Rut he alleged that the applicant was born by concubinage between her mother and one Tinkari Mukherjee, she was married to one Baidya Nath Das and fled away from Benares to Calcutta with one Rani Gupta and for some time lived at 36, Tollygunge Circle Road. Baidya Nath Ghose had occasion to go to that Louse and he alleged to have witnessed sexual intercourse between Rani Gupta and the girl and he himself admitted having sexual intercourse with that girl at that address in Tollyunge and also in Towel Hotel at Sealdah. It was further alleged that the applicant was a prostitute and she carried on. prostitution at 4B, Ashutosh Mukherjee Road but he denied having ever visited the applicant at that place. He further alleged that the applicant used to go to the Statesman Office and he paid money in the amounts of Rs. 10/ - or 15/ - on several occasions for fear of scandal. He also alleged that on 13th April 1958 the day when he retired from his service in the Statesman Office the applicant went there and inquired about the cheque for his Gratuity and Provident Fund money but he sent away the cheque through his son and got rid of the applicant who then went to his residence and tried to get a portion of the money by threatening him with scandal. He also alleged that the applicant in her career as a woman -of -the -town used to accept engagements as an actress on the stage and she acted She role of Ghaseti Begam in Tipusultan, and Chitrangada in Partha Sarthi play at Gorerhat. Evidence was adduced by both sides before the learned Magistrate and documents were proved by both the parties. An outline of the evidence and their characteristic need be stated for appreciating the point of law that has been raised before me on behalf of the petitioner Baidya Nath Ghose. (Alter discussing the evidence (paras 5, 6, 7 and portion of 8), His Lordship proceeded:)