SHANKAR SOREN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Section 397/401 read with Section 482 of the Cr.P.C. praying for setting aside of the order dated September 5, 2000 passed by the learned Judicial Magistrate 2nd Court, Hooghly in connection with case No. being M. C. Case No, 163 of 1998 whereby and whereunder the learned Magistrate was pleased to reject the application filed by the present petitioner praying for dismissal of the application under Section 125 of Cr.P.C. filed by the opposite party No. 2 seeking for an order of maintenance for herself and for her two female-children.

(2.) The facts leading to the filing of the present application are as follows : The petitioner was given in marriage with the opposite party No. 2 on 10th September 1989 and during the year 1990, a daughter was born out of their wedlock. Subsequently, due to the difference of opinion between the petitioner and the opposite party No. 2, the opposite party No. 2 started living separately since 1991 and despite attempts being made from the side of the petitioner and his relatives, no reconciliation between the petitioner and the opposite party No. 2 could be made. Thereafter, on October 10, 1996 the petitioner and the opposite party No. 2 jointly filed an application under Section 13B of the Hindu Marriage Act, 1955 praying for a mutual divorce of the marriage between them wherein it was contended that due to want of adjustment between them, they, could not live together and they were residing separately for the last 5 years and that they have a female child of 6 years of age and the said child is residing with the opposite party No. 2.

(3.) It was further alleged in the aforesaid application that the petitioner and the opposite party No. 2 have amicably settled the amount of maintenance for the opposite party No. 2 and for her aforesaid child at Rs. 20,000/- only.