ARDHENDU DUTTA SARKAR Vs. BANDANA DUTTA SARKAR

JUDGEMENT

(1.) This revisional application under Sections 401 and 482 of the Code of Criminal Procedure relates to an Order dated 8.7.03 passed by the Learned Chief Judicial Magistrate at Midnapur in M.R. Case No. 211 of 2000 directing the petitioner (husband to pay maintenance of Rs. 1000/- to the wife and Rs. 500/- to the daughter per month as also Order dated 19.7.03 passed by the Superintendent of Police, Purba Midnapore, deducting Rs. 1500/- from the salary of petitioner husband with effect from July 2003.

(2.) The revisional applicant i.e. the petitioner here is the husband against whom the maintenance case under Section 125 Cr.P.C. was brought by the wife for maintenance for herself and her minor daughter. According to the wife i.e. the O.P. number 1 Smt. Bandana Dutta Sarkar she was married to the applicant herein i.e. husband Ardhendu Dutta Sarkar according to Hindu Religious Right on 11.5.1993. The husband was police constable, the parties live together as husband and wife in different rented houses at Midnapore. While residing at a rented house at Tamluk, the place of the husband's posting, the wife was physically and mentally tortured on demand of dowry. Then the husband/police constable stopped going to Tamluk and did not pay anything to the wife as maintenance. On 16.5.1998 the petitioner gave birth to a daughter and the child unfortunately was physically handicapped, the wife had no income of her own. The husband also was involved in a illicit relation with one Baby Day, wife of another constable, Sanjoy Day, of Midnapore police control room. The wife and no other alternative but to come back to her father's place with the daughter. The husband was having a salary of Rs. 6000/- per month as police constable and that a part, he had 3/4 bighas landed property.

(3.) The husband i.e. the revisional applicant Ardhendu Dutta Sarkar, has denied the material allegations by the said wife and his specific case is that the opposite party i.e. the alleged wife Smt. Bandana Dutta Sarkar, was already married with one Amiya Kumar Manna of vilalge Nischintapur, P.S. Daspur, District Midnapore and that the marriage was registered in the office of the Marriage Registrar, Midnapore. A xerox copy of the marriage certificate had been exhibited. The O.P./Bandana cannot be said to have been married to the petitioner Ardhendu during the life time of her former husband Amiya Kumar Manna.