MANA DUTTA Vs. NIKHILESH DUTTA

JUDGEMENT

(1.) In this revisional application, the only short point for consideration is whether the petitioner wife is entitled to get maintenance from the O.P. husband, Nikhilesh Dutta on the ground of the validity or otherwise of the marriage between the two.

(2.) The petitioner wife filed the case under section 125 of the Criminal Procedure Code, for maintenance on the ground that her husband (O.P.) neglected to maintain her. The learned Sub. divisional Judicial Magistrate, Maldat allowed that petition and it was ordered that she would get maintenance at the rate of Rs. 100/- per month from the O.P. with effect from 25.8.1978. Against that, a revisional application was filed before the learned Sessions Judge. The learned Additional Sessions Judge, who heard the matter, allowed the application and set aside the order of the learned Magistrate.

(3.) Being aggrieved the wife petitioner has come up in revision before this court.