ASHA BISWAS @ BARMAN Vs. KAREN BARMAN

JUDGEMENT

(1.) Heard Mr. M.U. Mahmud, learned counsel appearing for the petitioner. None appears for the respondent despite service of notice. By this application filed under Section 397/401/407/482 of the Cr.P.C. read with Article 227 of the Constitution of India, the present petitioner, has challenged the impugned judgment and order, dated 10.8.05, passed by the learned Sessions Judge, Bongaigaon in Criminal Motion No. 16(2) 2005, where by the learned Session Judge, Bongaigaon set aside the judgment and order dated 31.03.05, passed by the learned Chief Judicial Magistrate, Bongaigaon in Misc Case No. 14/2004. The petitioner, claiming to be the wife of the respondent, filed an application under Section 125 Cr.P.C. seeking maintenance allowances for herself and her minor child. In her said application, she (petitioner) stated that she was married by the respondent and there after they were living together as husband and wife. But the respondent married another woman and drove out the petitioner from the marital home and as such she was compelled to leave her husband's house with her minor child, born through the respondent.

(2.) According to the petitioner, she had no source of income for maintaining herself and her minor child. The said application was registered as Misc Case No. 14/2004 under Section 125 Cr.P.C. The respondent (husband) contested the claim of the petitioner and pleaded that the petitioner was not his married wife. While denying the paternity of the said child of the petitioner, the respondent averred that the petitioner was working as his maid servant and that she was paid her wages, in addition to some financial help. In order to prove her case, she (petitioner) examined herself and two other witnesses. The respondent examined himself as D.W. 1.

(3.) Considering the evidence, on record, the learned trial judge came to the findings that though the petitioner could not prove her lawful marriage with respondent, she could establish that the minor child (daughter) was born through the respondent and, accordingly, the learned Chief Judicial Magistrate, Bongaigaon granted maintenance allowance at the rate of 1000/- per month for maintenance of her said daughter w.e.f. 16.04.04,