RINA SARKAR Vs. KAJAL SARKAR

JUDGEMENT

(1.) By filing this application under Sec. 401 read with Sec. 482 of the Code of Criminal Procedure, 1973, the petitioner/wife has challenged the correctness, legality and propriety of the impugned order dtd. 9/1/2018 passed by the Learned Chief Judicial Magistrate, Suri, Birbhum in Misc. Execution Case No. 100 of 2015 in connection with Misc. Case No. 35/97 under Sec. 125 of the Code of Criminal Procedure thereby rejected the prayer of the petitioner to recover the amount due under Sec. 125 (3) on the ground that the execution case filed beyond the period of limitation and time barred.

(2.) The factual matrix of the instant case is that the petitioner herein got married with one Kajal Sarkar, opposite party herein according to Hindu Rites and Customs at Ahmadpur on 16/1/1996. The opposite party was in Indian Military Service at the time of marriage. Petitioner was compelled to leave the house of the opposite party as such she started living separately. To meet necessary expenses, she filed a Misc. Case No. 35 of 1997 under Sec. 125 of the Cr.PC, seeking maintenance before the learned Chief Judicial Magistrate, Birbhum. At the same time, opposite party also filed a Matrimonial Suit No. 76/2000 praying for divorce but the same was dismissed for default with cost vide an order dtd. 13/1/2003 by the Learned Additional District and Sessions Judge, Fast Track, 1st Court, Suri, Birbhum.

(3.) Under such circumstances, the criminal revisional application has come up before this Bench for disposal.