SUJAN CHAKRABORTY Vs. MADHUMITA CHAKRABORTY

JUDGEMENT

(1.) These two revisional applications under section 482 of the Code of Criminal Procedure, 1973 were filed for quashing the M. case No. 54 of 2011 and setting aside the order dated 8.6.2011 passed by the learned Judicial Magistrate, 5th Court, Alipore, South 24-Paraganas. Such applications being correlated were taken up for hearing together. Those were filed at the instance of one Sri Sujan Chakraborty against whom one Smt. Madhumita Chakraborty filed maintenance case No. 54 of 2011 mainly on the following grounds: The petitioner who was a constable driver of 14, BN SSB, Border Security Force has by order dated 22.12.2011 been punished by his employer on charge of bigamy and had suffered a penalty of compulsory retirement and is getting pension @ Rs. 5300/- p.m.

(2.) The petitioner is legally married to one Chaitali Chakraborty and has two daughters born on 18.7.94 and 2.12.2002 respectively.

(3.) In 2008, he came to Calcutta for treatment and came in contact with the O.P. No. 1 who filed an application under section 125 of the code of criminal Procedure stating inter alia that before her marriage to the petitioner on 18.6.2008, she was a medical practitioner attached to Rakhi Pharmacy, Ramthakur Pharmacy and Kedarnath club at Kasba. Thereafter, she was practicing at gangabihar siwan. The marriage was solemnized at Kalighat and she paid Rs. 227000/- for her medical practice. She was subjected to torture and cruelty and was not given maintenance. She was compelled to give up her practice and is unable to maintain herself. Since April, 2010, she has not received any maintenance.