YUBARAJ CHAKMA Vs. NILIMA DEBBARMA

JUDGEMENT

(1.) The judgment dated 31-5-2004 passed by learned Judge of the Family Court, Agartala in Misc. Case No. 83/ 2002 on a prayer for maintenance under Section 125 of the Criminal Procedure Code (for short 'Code') stands impugned in the present revision petition. By that judgment the petitioner herein who is a Police officer of the State Administration has been directed to pay Rs.1500/- per month to his estranged wife, the respondent herein, with a further direction to the Drawing and Disbursing Officer concerned to deduct Rs. 1500/- from the salary of the petitioner herein and remit the same to the respondent-wife.

(2.) The material facts giving rise to the maintenance proceeding may be noted at the outset. Smti Nilima Debbarma, the respondent herein claimed that she was married to Sri Yubaraj Chakma, the petitioner herein on 11-6-1997 as per the social custom of Debbarma community and since marriage they have been living in conjugal peace in different places of posting of her husband till 25th January, 1999. The split in their relation surfaced when on 26th January, 1999 Yubaraj had left her on the plea that he would appear in B. A. Examination. Since then he refused to return and live with Nilima widening the breach in the relation and forcing her to take shelter with her parents. When all attempts towards reconciliation proved futile, she approached the Family Court for maintenance. Their conjugal relation was, however, totally denied by Yubaraj who contested the claim of maintenance and came with a story that he was already married to one Jhumki Chakma (Das) on 12-7-1994 and from their wedlock a daughter was born. In the face of total denial of the marriage between Yubaraj and Nilima the learned Family Court was called upon to decide whether there existed a prima facie case of marriage between the two in order to decide the controversy and determine the claim of maintenance.

(3.) Confronted with the total denial of the marriage claimed by Yubaraj, the respondent herein examined herself as P. W. 1 and produced four witnesses to support her claim. According to her the marriage had taken place in the house of her father Chandra Mohan Debbarma (P. W. 4) in village Kanchanmala and after the marriage the spouses settled in the house of Renu Debbarma (P. W. 2) at Bishramganj. After a month they shifted to the house of Harilal Podder (not examined) at Banamalipur, Agartala, where they stayed for six months. Thereafter they shifted to Sekerkote and stayed in the house of Mohan Lal Choudhury (not examined) as tenant. In the year 1998 Yubaraj was selected for the post of 'Amin' and went to Camperbazar for training. But, thereafter, he was appointed as Sub-Inspector of Police. They lived together till 25th January, 1999 whereafter, Yubaraj left Sekarkote to appear in B. A. Examination. Since then there was no living together as he did not return to her denying the relation altogether.