PABITRA KALITA @ PARESH KALITA Vs. RASHMITA DUTTA

JUDGEMENT

(1.) With the help of this application, made under Section 482 Cr.P.C., the petitioner has put to challenge the judgment and order, dated 20- 08-2011, passed in Criminal Revision No. 06 of 2011, by the learned Sessions Judge, Jorhat, dismissing the revision and upholding thereby the order, dated 26-11-2010, passed, in Misc. Case No. 57 of 2009, by the learned Chief Judicial Magistrate, Jorhat, whereby the learned Chief Judicial Magistrate, in a proceeding under Section 125 Cr.P.C., directed the present petitioner, as father of the minor child, to pay maintenance @ Rs. 2500/- per month from the date of making of the application for maintenance. Aggrieved by the directions, so given, the petitioner, who is, admittedly, the father of the said minor child, is, now, before this Court with the help of the present application made under Section 482 Cr.P.C.

(2.) I have heard Mr. RP Sarmah, learn Senior counsel, assisted by Ms. R Devi, learned counsel, appearing on behalf of the petitioner, and Mr. P Kataki, learned counsel for the opposite party.

(3.) Before coming to the merit of the present application made under Section 482 Cr.P.C., it may be noted that by filing an application, under Section 125 Cr.P.C., the opposite party herein, as first party, claimed maintenance from the present petitioner, as second party, for her own self as the legally married wife of the present petitioner contending therein, inter alia, that her marriage was solemnized, on 20-04-2008, in accordance with Hindu rites and customs, the case of the first party being, in brief, thus: The second party had been illtreating the first party, while she was pregnant and, for about five months since after the time she had conceived, the first party bore the cruelty, which she was subjected to by the second party. On the occasion Panchamreet, which is a religious ceremony required to be performed at the parental house of wife, when the first party prepared herself to go to her parental house, the second party threatened her not to return back to her matrimonial home if she happen to give birth to a female baby. Since the time, the first party left her matrimonial house for the said ceremony, the second party never tried to meet the petitioner and she, eventually, gave birth to a baby girl at Jorhat Civil Hospital. On the date of delivery of the said child, the second party did visit the hospital; but soon after the birth of the daughter and without even looking at his daughter, the second party left the hospital telling that he would not accept the daughter and that the daughter must be sold out. The second party did not even pay the bill of the expenses in the hospital. Left with no alternative, the first party had to start living, on her release from the hospital, at her parental house. As the first party has no source of livelihood, it is not possible, on her part, to maintain herself and her daughter and the second party, despite earning handsome salary, never paid any maintenance to either his wife or for the purpose of maintenance of his daughter.