CHANDRA MOHAN MAJHI Vs. KAUSHALYA MAJHI

JUDGEMENT

(1.) In this criminal revisional application under Section 401 and Section 482 of the Criminal Procedure Code the order dated 27.2.1991 passed by the learned S.D.J.M., Purulia in Misc. Case No. 81 of 89 of his Court has been challenged.

(2.) The present opposite party Kaushalya Majhi filed a petition before the learned S.D.J.M., Purulia against the petitioner in this revisional application Chandra Mohan Majhi @ Hembram under Section 125, Cr. P.C., alleging that Chandra Mohan married heron the 8th paisakh, 1394 B.S. corresponding to 22nd April, 1987, according to Hindu religious rites but subsequently resorted to torture upon her, assaulting her severely and driving her out of his house. Kaushalya prayed for maintenance from Chandra Mohan claiming that Chandra Mohan had sufficient income from cultivation as well as from business in vegetable.

(3.) Chandra Mohan challenged the petition denying flatly that there was any marriage at all between Kaushalya and himself and that he had any responsibility to maintain her. He also maintained that he had been brought up by his maternal uncle and had no income of his own.