BABY DAS MAHAPATRA Vs. DEB RANJAN DAS MAHAPATRA

JUDGEMENT

(1.) As the facts and points for consideration as well as legal points involved are identical in both the revisional applications, I intend to dispose of both the revisional applications by this common judgment and order.

(2.) The facts of the case as it appears from the revisional applications is that, Smt. Baby as Mahapatra, the wife and petitioner of C.R.R. No. 2582/ 01 filed an application under Section 125 of Cr. P.C. before the learned Judicial Magistrate, 2nd Court, Sealdah claiming maintenance @ Rs 1500/- per month for herself and @ Rs. 1500/- per month for her minor son. It was alleged in the said application that she was married with the opposite party Debranjan Das Mahapatra (petitioner of C.R.R. No. 675/02) and the said marriage was registered on 1.6.92. After marriage they lived together as husband and wife and out of their wedlock a male child was born to them in 1997. The husband wanted to terminate her pregnancy and started both physical and mental torture on her. Being unable to bear the torture of her husband she took shelter in her parents house and since then she is residing there. Her husband did not enquire about her and her minor son and did not pay any money on maintenance to them. Her husband is an employee of West Bengal Fisheries Corporation and earns more than Rs. 6000/- per month as salary.

(3.) Her husband contested the case by filing written show cause wherein he denied all the material averments of the Section 125 application and inter alia contended that, his wife left his house voluntarily and did not come back after she was discharged from the hospital. His marriage with the petitioner was registered on 1.6.92 and thereafter there was ceremonial marriage on 21.6.94 at the temple of Goddess Kali at Kalighat and thereafter they lived together as husband and wife. The child born to them is his child and he is willing and ready to take back his wife and the child. In spite of his requests his wife did not come back to his house. He has several dependants including his brother and sons and daughter of brother. Besides that, his mother being old, is seriously ill and he has to bear huge medical expense behind mother. It is not possible for him to pay maintenance separately to his wife and son but, he is able to maintain them if they reside with him.