ASRAF ALI MOLLA Vs. MST. MANOWARA KHATOON BIBI

JUDGEMENT

(1.) This rule is directed against an order dated Sept., 14, 1984 passed by Shri A.K. Bhunia, S.D.J.M., Arambagh in Misc. Case No. 15 of 1977 allowing an application of the Opposite Party-wife under Sec. 125 of the Cr. P.C. and granting maintenance at the rate of Rs. 100.00 per month to the opposite party and Rs. 751- per month for her daughter.

(2.) The following appear from the papers on record :

(3.) It appears that after her 2nd marriage the opposite party gave birth to a female child. The date of birth of this child is disputed. According to the present petitioner this child born in Baisakh, 1382 B.S. (April May, 1975) which according to him clearly shows that the opposite party was impregnated before her 2nd marriage. The opposite party has not given in her petition or in her deposition any definite date of birth of this child. According to her this child was aged 5 years and 10 months on the date she was examined before the learned Magistrate i.e. 22/5/81. From that it appears that this child was born sometime in July, 1975. If her version is accepted, it may be held that this child was born out of the 2nd marriage of the opposite party.