JYOTSNA MONDAL Vs. BHIM CHANDRA MONDAL

JUDGEMENT

(1.) This application under Sections 401/482 of Cr. P.C. is directed against the judgment and order dated 31-7-2006 passed in Misc. Case No. 190 of 1998 (TR No. 149 of 1998 ) by learned Judicial Magistrate, Second Court , Durgapur thereby dismissing an application for maintenance under Section 125 Cr.P.C. on the ground that the marriage has not been solemnized.

(2.) It is the case of the petitioner Jyotsna Mondal that she got married with opposite party Bhim Chandra Mondal according to Hindu Rites and Customs on 5 th Agrahan,1388 B.S. corresponding to 21-11-1981. The petitioner thereafter lived with the opposite party at Kenduliya village/the house of the opposite party as husband and wife. She had to live her matrimonial house in 1984 following ill treatment both mental and physical. She is dependant on her old and ailing father as she has no personal income of her own. In that backdrop the application under Section 125 Cr.P.C. was filed by her before the learned Court below praying for maintenance from the opposite party.

(3.) Mr. Partha Dutta , learned counsel appearing for the petitioner has contended that the finding of the learned Magistrate that there was no marriage between the parties is based on surmise and not on material on record. The learned Magistrate has not considered the evidence of independent witness/priest and other evidence on record who had proved the marriage of the parties. The impugned order is, therefore, bad and illegal.