SANKAR GHOSH Vs. SANJU GHOSH

JUDGEMENT

(1.) By this revision petition under section 401 read with section 397 of the Code of Criminal Procedure, 1973, the judgment dated 30.6.2003, passed by the learned Additional Sessions Judge, Court No.3, West Tripura, Agartala in Criminal RevisionNo.8 (1) of 2003 is assailed by the petitioner.

(2.) The facts and circumstances leading to the filing of this revision petition may be briefly stated: The respondent herein filed an application under section 125 of the Code of Criminal Procedure before the learned Judicial Magistrate First Class, Agartala, West Tripura in Misc Case No. 190 of 2000 against her husband, Shri Sankar Ghosh, i.e. the petitioner herein for granting maintenance of Rs.5,000 per month for maintaining herself and the petitioner Nos 2 to 6 therein, who are the minor sons and daughters of the revision petitioner. The case of the respondent herein is that she is the wife of the revision petitioner and that their marriage was solemnized on 4th March, 2000, which corresponds to 19th Falguna, 1406 BS as per the Hindu customary rites and ceremonies. After the marriage, the revision petitioner and the respondent lived together as husband and wife at the residence of the revision petitioner along with his minor sons and daughters, i.e. the petitioner Nos 2 to 6 therein. The revision petitioners had married one Subhra Ghosh and five children were born from their wedlock. It is the case of the respondent herein that after the death of the said Subhra Ghosh, the revision petitioner married her, but after few days of the marriage, the revision petitioner started ill treating her and the revision petitioner used to return home in a drunken condition. Ultimately, the revision petitioner drove the respondent out from his house on 30.4.2000 along with his minor children. Thereafter, the respondent took shelter at her parental house with the minor children of the revision petitioner. In the meantime, the revision petitioner married another woman, namely, Smti Namita Ghosh and is living with her at Alanganagar. The revision petitioner is working as a Pump Operator under the Department of Public Health Engineering, Govt of Tripura and is drawing a salary of Rs.7,500 per month. The respondent claimed that she has no income to maintain herself and therefore, prayed that a maintenance allowance of Rs. 5,000 per month be granted to her. The revision petitioner contested the case and also filed written statement denying that the respondent is his wife. He admits that the petitioner Nos 2 to 6 therein are his sons and daughters, born from his marriage with the said Subhra Ghosh and that after the death of the said Subhra Ghosh, he married one Namita Ghosh on 26.2.2000 and that since then he has been living with the said Namita Ghosh along with his children in his house. He also claimed that he has been drawing a salary of Rs.3,000 per month.

(3.) Heard Mr. P. Roy Barman and Mr. B. Saha, learned counsel for the revision petitioner. Also heard Mr. UB Saha, learned senior counsel assisted by Mr. J. Majumdar, learned counsel for the respondent.