BISWANATH CHATTERJEE Vs. KABITA CHATTERJEE

JUDGEMENT

(1.) The present revisional application Under Sec. 401: read with Sec. 482 Cri. P. C. is directed against the order dated 30.01.2002 passed by the Id. Judicial Magistrate, 3rd Court, Durgapur in Misc. Case No. 144/1997 Under Sec. 125 Code of Criminal Procedure

(2.) The circumstances leading to the above application are that the O.P. is the legally married wife of the Petitioner, their marriage having taken place on 22.11.1991. On 25.06.92 the Petitioner along with the O.P. came to the house of the elder brother of the O.P. and left her there and since then he did not take any information about her. The Petitioner as a permanent employee of Eastern Neptha Chemicals earns Rs. 6000/ - p.m. She initiated the aforesaid Misc. Case Under Sec. 125 Cr.P.C. claiming Rs. 1500/ - p.m.

(3.) The above allegations were denied by the present Petitioner/O.P. contending that the marriage -tie between them has been dissolved by a decree of divorce passed by the Id. District Judge, 24 Pgs. (N), Barasat on 03.03.94 and that he works as a day labourer.