S K SHARIF Vs. HASINA MAMTAJ & ORS

JUDGEMENT

(1.) The hearing stems from an application under Section. 482 Cr.P.C. filed by the petitioner praying for setting aside the order dated 14.1.2004 passed by the Ld. Additional Sessions Judge, Fast Track Court, 1st Court, Burdwan in Criminal Motion 6/2003 (99/2003) arising out of order dated 27.6.2003 passed in Misc. Case No. 166/92 by the Ld. Judicial Magistrate, 1st Court, Burdwan.

(2.) The circumstances leading to the above application are that the present petitioner's marriage with O.P. No. 1 according to Mahomedan rites and customs was registered before the Muslim Marriage Registrar & Kazi, Galsi in 1976, and out of their wedlock, a son viz Sk Mofizul @ Bakul was born. The said marriage-tie was dissolved by Talak on consent of both the parties on 20th Baisakh, 1388 B.S. Since then O.P. No. 1 started to reside at her paternal house and maintain her livelihood out of her landed property inherited from her father and by earning from needle-works. The petitioner married for the second time and out of that wedlock children were born. On 25.8.1992 O.P. No. 1 filed an application under Section. 125 Cr.P.C., registered as Misc. Case 166/1992, which was allowed on contest by the Ld. Judicial magistrate by order dated 27.6.2003 awarding maintenance the tune of Rs. 1000/- p.m. to her from the date of order and Rs. 500/- p.m. to her son from the date of application till attaining of majority which was modified in part in Criminal Motion 6/2003 (99/2003) preferred by the petitioner, by the Ld. Additional Sessions Judge, Fast Track Court, 1st Court, Burdwan allowing Rs. 500/- p.m. to O.P.No.1.

(3.) Being aggrieved by and dissatisfied with the said order, the petitioner has preferred the present application.