KRISHNA NAMA DAS Vs. PUSHPA NAMA DAS

JUDGEMENT

(1.) This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973, (hereinafter, referred to as 'Code of Criminal Procedure ', for short), has been filed by the husband assailing the judgment and Order dated 22.07.2010, passed by the learned Additional Sessions Judge, Khowai, West Tripura, in Cr.(Rev) No. 3 of 2009, whereby the Revisional Court has affirmed the judgment and Order dated 25.05.2009, passed by the learned Judicial Magistrate First Class, Khowai, West Tripura, in Misc Case No. 18 of 2007, under Section 125 Code of Criminal Procedure In other words, both the Courts below have allowed maintenance allowance of Rs. 2,500/- to the Respondents herein. Being aggrieved with the aforesaid judgments, the husband has preferred this application.

(2.) Heard Sri S Lodh, learned Counsel for the Petitioner. Also heard Sri P Roy Barman, learned Counsel for the Respondent. I have also gone through the impugned judgments.

(3.) The Respondents herein filed an application under Section 125 Code of Criminal Procedure , in the Court of learned SDJM, Khowai, in the year 2007, contending that the marriage of Respondent No. 1 with the Petitioner herein was solemnized on 25.11.1996 as per Hindu rites in presence of witnesses and out of their wedlock the Respondent No. 1 was blessed with a child(R-2). It was also pleaded in the said application that after her marriage the Petitioner has married another woman Smt Mira Nama Das and has started living with the second wife. With this allegation and other averments regarding her incapacity to maintain herself and the minor child, a sum of Rs. 3,000/- was prayed as maintenance allowance. The aforesaid prayer of maintenance allowance was resisted by the husband by filing written statement. In the said written statement, the Respondent denied his marriage with the Applicant and on the other hand, it was asserted that Smt Mira Nama Das was only the legally wedded wife of the Petitioner.