SUKUMONI MURMU Vs. DHIRENDRANATH MURMU & ANR

JUDGEMENT

(1.) In this revisional application the petitioner has sought for setting aside the order dated Aug. 30, 2017 passed by the learned A.D.J 1st Court, Jhargram, Paschim Medinipur in Criminal Revision No. 289 of 2014 by allowing the prayer of the opposite party no. 1 after setting aside the judgement and order dated April 17, 2014 passed in M.R. 26 of 2008 and T.R. 292 of 2008 by the learned Judicial Magistrate, Jhargram Court, Paschim Medinipur under Sec. 125 of the Code of Criminal Procedure, 1973, inter alia, on the grounds that the learned Additional District & Sessions Judge, 1st Court, Jhargram, Paschim Medinipur should have considered the deposition of the independent witnesses and documentary evidences produced by the petitioner in support of her case before the learned Judicial Magistrate, Jhargram Court, Paschim Medinipur.

(2.) It appears that the learned Judicial Magistrate allowed the misc. case under Sec. 125 Crimial P.C. granting maintenance awarded to the petitioner at the rate of Rs.5,000.00 per from the date of filing of the application under Sec. 125 CrPC.

(3.) The learned Magistrate has taken into consideration the evidence on record and concluded that the petitioner is a legally wedded wife of the opposite party by taking note of the fact that in Santal marriage, a boy and a girl live publicly together and are known as man and wife.