DASARATHI GHOSH Vs. ANURADHA GHOSH

JUDGEMENT

(1.) This application under Art.227 of the Constitution is directed against an order being order No.2 dt.6-4-81 passed by Shri R.K. Kar, learned Sessions Judge, Hooghly in Criminal Motion No.20 of 1981. This criminal motion was preferred by the present petitioner husband against the judgment and order passed in M.C. case No.198 of 1978 by Shri S.I. Saha, learned S.D.J.M., Hooghly allowing the respondent-wife's petition under S.125 Cr.P.C. and allowing her Rs.100/- per month by way of maintenance. In the aforementioned criminal motion the present petitioner-husband challenged both the findings of the learned Magistrate on the points of marriage as well as his ability to pay the maintenance in question and the quantum thereof. The learned Sessions Judge upheld the learned Magistrate's finding on the point of marriage but finding that the petitioner's ability to pay Rs.100/- per month by way of maintenance was not established very satisfactorily, he cut-down the amount to Rs.75/- per month. Hence, this application under Art.227 of the Constitution.

(2.) It is urged from the side of the petitioner-husband that both the courts below arrived at the finding on the point of marriage more on surmise than on evidence and further that they both erred in finding again without evidence that he had sufficient means to pay any maintenance to the respondent-wife.

(3.) The present seems to be a very unhappy case. It appears that the parties who are neighbours fell in love with each other and a registered marriage followed. Out of some wrangling over payment of dower etc. the girl could never go to the boy's parental house to live there with him as his wife. Subsequently misunderstanding developed between the two and admittedly the present petitioner has married again another girl and is now the father of a child.