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S.MOHAN, A.M.AHMADI
Goutam Kundu – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Counsel for the parties:
For the Appellant - Ashok Sen.

JUDGMENT

Mohan, J. – Leave granted.

The appellant herein was married to second respondent on 16th January, 1990 according, to Hindu Rites and Customs. They lived together for sometime until second respondent left the matrimonial home to reside with her parents in order to prepare for Higher Secondary Examination which commenced on 5.4.1990 and continued up to 10.5.1990. In the month of April, 1990 shy conceived, on coming to know that she was pregnant, the appellant and the family members did not want her to beget a child. Therefore she was forced to undergo abortion which was refused by the second respondent. During the stay she was meted out cruel treatment both physically and mentally. She came back to the matrimonial home during

Durga Pooja in the month of October, 1990. A female child was born on 3.1.1991. She filed a petition under section 125 Cr. P.C. before the Learned Chief Judicial Magistrate, Alipore in. Misc. Case No. 143 of 1991 both for herself and the child. By an order dated 14,8.1991 which was passed ex-parte he awarded a sum of Rs.300/- per mansum to the mother and Rs. 200/- to the child. Against that order, he moved a revision, to the High Court That revision is

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