SADHU Vs. SARATHI BALA

JUDGEMENT

(1.) This revisional application under Art.227 of the Constitution is directed against an order passed by the learned Additional Sessions Judge, Third Court Murshidabad in Criminal Motion No.86 of 1980, affirming an order of maintenance passed by Sri P.K. Biswas, learned Judicial Magistrate First Class, Berhampore in M.R. Case No.272 of 1979 (T.R. 45 of 1980), though reducing the quantum of maintenance per month from Rs. 100/- to Rs. 75/-.

(2.) The opposite party, Sarathi Bala Mandal filed a case under Sec.125, Cr.P.C. against the petitioner, Sadhu Mandal, claiming maintenance at the rate of Rs. 250/- per month on alleging that she was the legally married wife of the petitioner and had been driven out by the petitioner from his house before about seven years. It was further alleged by the opposite party in that petition under Sec.125 Cr.P.C. that the petitioner was living with one Buchirani as husband and wife.

(3.) That petition under Sec.125, Cr.P.C. registered as M.R. Case No.272 of 1979, was resisted by the petitioner by filing a written objection. The case of the petitioner in that written objection was that the opposite party was not his wife and that there was no marriage between them.