JATINDRA MOHAN BANERJEE Vs. GOURI BALA DEBI

JUDGEMENT

(1.) This is a Rule calling upon the Chief Presidency Magistrate and upon the Opposite Party to show cause why the order specified in the petition should not be set aside.

(2.) It is said that the petitioner and the opposite party are husband and wife and that they have not been living together for nearly twenty years, and it is admitted that during that period the petitioner has been paying her a monthly sum of Es. 10 under an order under Section 488 of the Cr.P.C.

(3.) The petitioner's case is that the opposite party had been living in her father's house up till some time in December 1923 when she gave birth to an illegitimate child and was driven away by her brother who was living with her and her mother in. that house. The petitioner thereupon applied to the Court of the Chief Presidency Magistrate for, the cancellation of the maintenance order. The learned Magistrate, however, rejected the application. The Magistrate observed that though the child was illegitimate "there is nothing further to show that the woman has been living in adultery, which alone would entitle the petitioner to stop the maintenance." He referred to the case of Kallu V/s. Kaunsilia 26 A. 326 : 1 A.L.J. 18 : A.W.N. (1904) 23 : 1 Cr.L.J. 84.