SOUMITRA MUKHERJEE Vs. RUBI MUKHERJEE

JUDGEMENT

(1.) The present criminal revision application has been preferred by the petitioner challenging impugned order dtd. 6/2/2023 passed by learned Judicial Magistrate (for short J.M), 2ndCourt, Rampurhat, Birbhum in connection with Misc. Case no. 351 of 2021 thereby partly allowing the interim prayer of maintenance filed by the opposite party (for short O.P) herein under Sec. 125 of the Code of Criminal Procedure (for short CrPC). Brief facts:-

(2.) The petitioner namely Soumitra Mukherjee married the opposite party herein Rubi Mukherjee on 5/5/2011 as per Hindu Rites and Customs. Thereafter, the petitioner and the O.P led conjugal life and out of such wedlock they have one daughter aged about 9 years. It is alleged by the O.P herein that she had been driven out of her matrimonial house on 24/2/2021 due to the non-fulfillment of demand of further dowry worth of Rs.5,00,000.00 and since then she has been residing in her paternal house. As a sequel of this action, she lodged a criminal case against her husband and in-laws. It is contended by the O.P herein that the petitioner is an able bodied person and has many landed properties including a pakka house. It is further contended that the petitioner is an employee under Indian Railway Department earning a handsome salary and thus capable of maintaining both the O.P and their daughter. Accordingly, the O.P on 1/10/2021 filed an application under Sec. 125 of the CrPC for maintenance before the Learned Additional Chief Judicial Magistrate, Rampurhat, Birbhum which was subsequently transferred to the Learned J.M, 2ndCourt, Rampurhat, Birbhum for disposal. Arguments advances:-

(3.) Ld. Counsel, Mrs. Arundhati Banerjee, appearing on behalf of the petitioner has contended that since inception of marriage between petitioner and the O.P there was a clear mental mismatch which resulted in her desertion on own volition. Hence, the O.P is not entitled to any order of maintenance under the Provision of Sec. 125 of CrPC. Mrs. Banerjee has further contended that the op through her brother also lodged a criminal case under Sec. 498A/307/34 of Indian Penal Code (for short IPC) and Sec. 3 /4 of Dowry Prohibition Act, with the intention to falsely implicate the petitioner and his aged parents which is still pending before the Ld. JM, 1st Court, at Rampurhat, Birbhum in connection with Paikar Police Station Case no. 37/2021 corresponding to GR case no. 249 of 2021.