MD. AZIZUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS application under Section 482 of Cr.P.C. has challenged the judgment and order dated 04.12.2012 passed by the learned Sessions Judge, Nagaon in C.M. No. 120 of 2011.

(2.) THE respondent No. 2 herein filed an application under Section 125 Cr.P.C. claiming herself as wife of the petitioner. She prayed for maintenance of Rs. 1200/ - from her husband i.e. the petitioner. The learned Judicial Magistrate, 1st Class, Nagaon, in M.R. Case No. 366 of 2010, allowed the prayer of the respondent No. 2. Against the judgment passed by the learned Sessions Judge, Nagaon, the petitioner filed revision and the learned Sessions Judge vide the impugned order passed in C.R. No. 121 of 2011 modified the quantum of maintenance and directed the petitioner to pay Rs. 800/ - per month towards the maintenance of respondent No. 2.

(3.) THE petitioner herein, in his written statement had denied his marriage with the respondent No.2. According to him after death of his wife he brought the respondent No. 2 to look after his daughters and as the respondent used to torture his daughters he asked her to leave his house. He also alleged that the respondent No. 2 was also married to one Safur Ali and without obtaining any divorce from her former husband, she was staying in the house of the petitioner with his daughters. The trial Court as well as the revisional Court opined that the respondent No. 2 was wife of the petitioner and that strict prove of marriage was not necessary in a proceeding u/s 125 Cr.P.C.