PRADIP SENGUPTA Vs. RATNA SENGUPTA

JUDGEMENT

(1.) The petitioner and the opposite party were married on 9.6.83. In 1987 the opposite party (wife) filed an application u/s. 125 Cr.P.C.in the court of the learned Asstt. to Deputy Commissioner, Dimapur for ordering payment of maintenance to her by the petitioner (husband). The application was registered as Misc. Case No. 70/87, u/s. 125 Cr.P.C.The petitioner is an employee of N.F. Railway and working as Diesel Assistant. The petitioner (husband) on receipt of notice challenged the territorial jurisdiction of the said learned Asstt. to Deputy Commissioner, Dimapur. The learned Asstt. to Deputy Commissioner after hearing the parties by the order dated 4.4.88, passed in Misc Case No. 70/87 u/s 125 Cr.P.C, held that this court has jurisdiction to adjudicate an application u/s 125 Cr.P.C.It is not disputed that the Asstt to Deputy Commissioner, Dimapur is also the Magistrate 1st Class as contemplated under the provisions of Crimial P.C. The petitioner impugned the said order in Criminal Revision No. 289/88 which was dismissed on 17.11.89 by this Court on the ground that the revision petition was not maintainable since against the impugned order appeal lay before the court of Addl. Deputy Commissioner (J), Dimapur.

(2.) The petitioner thereafter impugned the order dated 4.4.88 passed by the learned Asstt to Deputy Commissioner in Criminal Appeal No. 9/89 in the court of learned Addl Deputy Commissioner (J), Dimapur. The learned Addl Deputy Commissioner after hearing both, the parties, dismissed the appeal by an order dated 11-6-90.

(3.) Thereafter, the learned Asstt to Deputy Commissioner passed the impugned order dated 17.12.90 ordering that the petitioner shall pay maintenance to the opposite party (wife) at the rate of Rs. 500.00p.m. with effect from 17.8.98 until fur her order. The petitioner has challenged the inherent jurisdiction of the court of Asstt to Deputy Commissioner to an application u/s 125 Cr.P.C.in this petition.