KUMARESH BRAMBHA Vs. BANI DAS

JUDGEMENT

(1.) Invoking the jurisdiction of this Court under Article 227 of the Constitution of India the petitioner has sought to question an order dated 23.12.1998 passed by the learned Additional Sessions Judge, 6th Court, Alipore, in Criminal Motion No. 222 of 1998 which affirmed an order of the learned Additional Chief Judicial Magistrate, Alipore dated 15.6.1998 passed in T.R. No. 100 of 1998 (Misc. Case No. 562 of 1997). The petitioner being aggrieved by the aforesaid order of the learned Additional Sessions Judge, 6th Court, Alipore passed in Criminal Motion No. 222 of 1998 dated 23.12.1998 whereby refusing his prayer with regard to maintainability of the proceeding under Section 125 of the Code of Criminal Procedure as the opposite party was not his married wife and that he had filed a Title Suit before the learned Munsif for declaration to that effect moved this Court.

(2.) In this revisional application, it has been contended by the learned Lawyer appearing on behalf of the petitioner that as the Family Court is in seizin of the matter and has kept in abeyance the claim of the opposite party No. 1 for maintenance till the learned Munsif had adjudicated the claim of the opposite party whether she is his married wife or not, the learned Additional Chief Judicial Magistrate, Alipore was also required to stop the proceeding in view of the fact that the opposite party No. 1 was not his wife and that there was a finding, of the Family Court to the said effect. It is further contended that the learned Additional Chief Judicial Magistrate, Alipore and as well as the learned Additional Sessions Judge, 6th Court, Alipore who sat in revision against the order of the former did not apply their judicial mind and mechanically passed their respective orders.

(3.) There was no representation, however on behalf of the opposite party although notices were sent to her on two addresses as described in Cause Title, one of which returned as "not known" and the other as "not N.C.".