MADAN MOHAN RAI Vs. SM. NILADRI DEI

JUDGEMENT

(1.) ON 17 -2 -1964, Niladri Dei (opposite party) filed an application under Section 488, Code of Criminal Procedure against Madan Mohan Rai (Petitioner) alleging that she was his legally married wife. Two daughters had been born of their wedlock. The elder daughter died while she was a child. The other daughter Shobha has been given in marriage. For three years the Petitioner has been neglecting to maintain her and she has no means to maintain herself. The Petitioner assaulted and drove her out of the house. He married a second wife named Kanaka. On the aforesaid allegations, maintenance of Rs. 60/ - per month was claimed.

(2.) THE learned Magistrate recorded the following findings:

(3.) MR . Das contends that Debananda is a man of bad character and Niladri left Petitioner's house voluntarily and was living in adultery with Debananda for the last three years. That Debananda had a number of concubines at different times is amply proved by the materials on record. Niladri admitted in her depositing that she left the house of her husband three years before. Out of this period she lived with her daughter for two years and for the last one year she was residing with Debananda. The consistent evidence of all the witnesses for Niladri is that she was living with Debananda for one year. The witnesses are straight forward and have stood cross -examination. The evidence of the witnesses for the Petitioner was rightly rejected by the trial Court. The conclusion therefore is that about a little more than two years before the filing of the petition Niladri left the house of her husband. For a period of about two years she lived with her daughter and' for 3 to 4 months before the filing of the petition she resided in the house of Debananda.