JIBAN DEY SARKAR Vs. GOLAPI DEY SARKAR

JUDGEMENT

(1.) THIS revisional application Is directed against the judgment and order dated 23. 4. 82 passed by the learned Sub-Divisional Judicial magistrate, Jalpaiguri in Misc. Case No. 136/79, directing, the present petitioner to pay maintenance of Rs. 100/- per mensem to his wife, who is opposite party no. 1 herein under section 125 Cr. P. C.

(2.) MR. Talukdar appearing for the present petitioner has urged that the learned Magistrate was wrong on the materials in holding that there was a marriage between the parties for the purposes of section 125 Cr. P. C. This is the only point which he has urged in this application. No one has appeared on behalf of the opposite party wife. Mr. Ghose appearing on behalf of the State has supported the judgment.

(3.) THE facts of the case very shortly are, that according to Smt. Golapi Dey Sarkar who claims to be the wife of the present petitioner, there was a marriage between the parties according to Hindu rites on 19. 3. 73 at Metteli Kalibari under Metteli p. S. District Jalpaiguri. This was a love marriage. But as the husband's parents had objection to the marriage, the husband did not take his wife to his house after the marriage, tout assured her that she would be taken there after sometime. In the meantime the husband had to undergo am operation and pursuant to medical advice had to live separately for six months. Ultimately, inspite of assurances the wife was never taken to her husband's house. But the husband used to come al times to the wife's brother's house, where she was residing and even he stayed there on occasions. In spite of squatting in front of the house of her husband for several days she was still not allowed to enter his house. She was paid nothing towards her maintenance and the husband refused and neglected to maintain her in spite of demands.